Terms of Service

·         1. Your Agreement

o    1.1 This website (“this Website”) is operated by Guest Connect Berhad. Please read these terms of use (“this Terms of Use”) carefully before using this Website and the services offered by Guest Connect Berhad, its affiliated companies (together, “Gconnec”) 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

o    2.1 Gconnec's Modifications

§  2.1.1 Gconnec 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 Gconnec changes or modifies this Terms of Use, Gconnec 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 Gconnec 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

o    3.1 Ownership of Content

§  3.1.1 This Website, the domain name (www.gconnec.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Gconnec in connection therewith are owned and operated by Gconnec.

o    3.2 Provision and Accessibility of Services

§  3.2.1 Subject to this Terms of Use, Gconnec 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 Gconnec by itself or on behalf of the Operators on this Website. Gconnec may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. Gconnec 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 Gconnec does not guarantee that the Services will always be available or uninterrupted. Gconnec 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, Gconnec may revoke your rights to so link at any time, at Gconnec’s sole discretion. Gconnec reserves the right to require prior written consent before linking to this Website.

·         4. Website and Content

o    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 Gconnec 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. Gconnec 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.

o    4.2 Gconnec’s Liability for the Website and Content

§  4.2.1 Gconnec cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website. Gconnec 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 Gconnec 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

o    5.1 Intellectual Property

§  5.1.1 All intellectual property rights subsisting in respect of this Website belong to Gconnec or have been licensed to Gconnec 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 Gconnec or from the copyright holder identified in such Contents copyright notice.

·         6. User Submissions

o    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 Gconnec 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 Gconnec and/or the Operators in connection with the Services (“User Submissions”): (a) You hereby grant to Gconnec 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 Gconnec’s 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 Gconnec 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 Gconnec 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 Gconnec 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 Gconnec will not be liable for any errors or omissions in any content.

·         7. Users Representations, Warranties and Undertakings

o    7.1 Use of this Website and the Services

§  7.1.1 You represent, warrant and undertake to Gconnec 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 Gconnec’s 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 Gconnec; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

o    7.2 Removal of User Submissions

§  7.2.1 Gconnec 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 Gconnec is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.

o    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 Gconnec that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize Gconnec 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 Gconnec’s 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 Gconnec 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

o    8.1 Opening of the Gconnec Account 8.1.1 In the course of using the Services, you may be required to open and maintain an account with Gconnec (“Gconnec Account”).

o    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 Gconnec and select a password and user name (“Gconnec User ID”). If you are accessing the Services through a Third Party Website or service, Gconnec may require that your Gconnec User ID be the same as your user name for such Third Party Website or service.

§  8.2.2 You shall provide Gconnec 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 Gconnec Account.

§  8.2.3 You represent that you shall not: (a) Select or use as a Gconnec User ID a name of another person with the intent to impersonate that person; or (b) Use as a Gconnec User ID a name subject to any rights of a person other than you without appropriate authorization.

§  8.2.4 Gconnec reserves the right to refuse registration of or to cancel a Gconnec Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.

·         9. Reviews - Further correspondence - Rights to User Content

o    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 Gconnec 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 will be awarded Gconnec 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 Gconnec credits. Gconnec further reserves the right to deduct any credits directly from your Gconnec account without prior notice.

o    9.2. By posting a review, you grant Gconnec the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Gconnec reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.

o    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.

o    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 Gconnec the right to pursue at law any person or entity that violates your or Gconnec'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.

o    9.6. Content submitted by users will be considered non-confidential and Gconnec is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Gconnec reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Gconnec 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 Gconnec. Gconnec 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

o    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.

o    10.2 Purchase and Use of the Vouchers

§  10.2.1 Through this Website, you may purchase vouchers from Gconnec 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 Gconnec 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.

o    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.

o    10.4 Cancelation of Vouchers

§  10.4.1 You may cancel your Voucher by contacting Gconnec 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 cancelled 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 Gconnec, 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 cancelled by the Operator, Gconnec will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.

o    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 Gconnec at contact@gconnec.com, and Gconnec will try to liaise with the Operator for an appropriate remedy.

o    10.6 Additional Charges

§  10.6.1 Gconnec reserves the right to require payment of fees or charges for any Services offered by Gconnec. You shall pay all applicable fees or charges, as described on this Website in connection with such Services selected by you.

o    10.7 Modifications to Charges

§  10.7.1 Gconnec 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 Gconnec following such notification constitutes your acceptance of any new or revised fees or charges.

o    10.8 Gconnec’s Rights and Obligations

§  10.8.1 Gconnec 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 Gconnec’s sole discretion.

§  10.8.2 Gconnec 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 particularly services that may be payable for using the Services are expressly excluded in determining the best price.

§  10.8.3 Whilst the Operates are required to provide Gconnec with accurate and updated prices of the Services on this Website, Gconnec cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.

o    10.9 The above terms and conditions & return policies are appliable to all Gconnec users worldwide.

·         11. Discounts

o    11.1 Gconnec Credits

§  11.1.1 Gconnec Credits are points that are awarded to you and will be accumulated in your Gconnec Account until expiry. Points are awarded on the actual participated and unrefunded activities purchased from Gconnec’s platforms, based on the award program at the time of purchase. Except as otherwise stated, every ten (10) Gconnec 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 Gconnec uses on the date of your purchase offset.

§  11.1.2 Gconnec Credits may be earned through the following means and the amount of Gconnec Credit received may vary with each purchase and is at the sole discretion of Gconnec: (a) rebates from previous purchases (b) earning through any means authorized by Gconnec at its sole discretion (c) submission of activity review after successfully completing any eligible Gconnec activities you purchased

§  11.1.3 You will only receive Gconnec 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 Gconnec Credits for the first review you have submitted for that activity.

§  11.1.4 All Gconnec Credits earned any time in the first calendar year will expire on the last day of the next calendar year. Therefore, if you are awarded a Gconnec Credit on 1 October 2017, that Gconnec Credit will expire and therefore be deducted from your account on 31 December 2018. All the credits accumulated to date as of 25 September 2017, regardless of when you obtained the Gconnec Credits and remained unused will expire on 31 December 2018.

§  11.1.5 Booking and delivery fees and charges are not eligible for earning Gconnec Credits, nor can Gconnec Credits be used to redeem or deduct booking and delivery fees and charges

o    11.2 Gconnec Coupons

§  11.2.1 Gconnec 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 Gconnec Account, which may be used in exchange for discounts of future bookings on the Gconnec Booking Platform. For the avoidance of doubt, once you have used the Gconnec Coupons on the Gconnec Booking Platform, such Gconnec Coupons will not be returned or refunded under any circumstances.

§  11.2.2 Gconnec Credits may be attained through the following means: (a) You may receive Gconnec Coupons through the Gconnec Referral Program, as further elaborated on in Clause 11; or (b) You may receive Gconnec Coupons by other authorized means as determined at Gconnec’s sole discretion.

o    11.3 Abuse of Discounts

§  11.3.1 In the event where it has come to Gconnec’s attention that the Gconnec Credits or Gconnec Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by Gconnec, Gconnec reserves the right to the following: (a) Termination of your Gconnec Account with immediate effect; or (b) Cancelation of all Gconnec Credits or Gconnec Coupons as previously accrued; or (c) Refusal of the provision of the Services to you; or (d) Any other measures as deemed appropriate by Gconnec at its sole discretion.

·         12. Privacy Policy

o    13.1 Privacy Policy

§  13.1.1 For Gconnec’s policy relating to its use of of your personal data, please review Gconnec’s 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.

·         13. Indemnity

o    14.1 Gconnec’s Indemnification

§  14.1.1 You will indemnify and hold Gconnec, 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 Gconnec User ID.

o    13.2 Gconnec’s Involvement

§  14.2.1 Gconnec may, if necessary, participate in the Gconnec 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 Gconnec without Gconnec’s prior written approval. Gconnec reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.


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