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USER TERMS AND CONDITIONS
Your continued use of this site is expressly conditioned upon your acceptance of the following Terms and Conditions. This web site also contains links to web sites, web pages and other services of our affiliates and service providers, and your use of such web sites, web pages and services shall also be subject to the terms and conditions contained within each of such sites.
If you do not agree with any part of the following Terms and Conditions, click on the "Cancel" icon/button at the end of this page. By clicking the "Submit Registration" button and completing the online registration form, you accept, acknowledge and agree to be legally bound, without qualification or limitation, by these Terms and Conditions. You further represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of your use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
| 1. |
REGISTRATION, MEMBER ACCOUNT |
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| 1.1 |
Upon completion of the Registration Form, you shall be issued a username and password which shall be used to access your member account. You shall be responsible for maintaining the confidentiality of the username and password issued by us and that you shall immediately notify us of any unauthorised use of your username or password or any other breach of security; |
| 2. |
USE OF THIS SITE |
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| 2.1 |
You may only use this site to make legitimate reservations or purchases and shall not use this site to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. In addition to any other rights or remedies available to us, we may at our sole discretion terminate or restrict your access and use of this site at any time without notice for any reason whatsoever. |
| 3. |
RESERVATIONS |
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| 3.1 |
Any hotel reservation made by you on this site shall amount to an immediate confirmation. All other services provided on this web site shall be subject to availability, acceptance, cancellation or postponement by the service provider. You acknowledge and agree that we shall not be responsible for any misinformation or mishandling of your reservation, or any dissatisfaction with the quality of any products or services provided by the service provider. You further acknowledge and agree that we shall not be made party to any dispute or difference between you and the service provider. |
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| 3.2 |
You shall on the relevant check-in date, present yourself personally at the premises of the service provider at which you have made a reservation and shall present to the relevant personnel of the service provider your credit card and other necessary identification documents for the purposes of confirming your identity upon check-in. |
| 4. |
NO CANCELLATION PERIOD; REFUNDS |
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| 4.1 |
Any cancellation of a reservation must be made not less than ten (10) working days from the check-in date (hereinafter referred to as the "No Cancellation Period"). You acknowledge and agree that any refund of the reservation price made by us to you for any cancellation of any reservation shall be exclusive of the cancellation fee, which shall be based on the cancellation charge of the respective service provider with which the reservation is made, as well as all service and transaction charges arising out of or in connection with such cancellation. Any cancellation made within the No Cancellation Period shall not be entertained and you shall not be entitled to any refund of the reservation price. |
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5. |
DEFAULT CURRENCY |
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| 5.1 |
As we are Malaysian based company, the default transaction currency is Malaysia Ringgit (MYR). The reservation price provided in the Currency Exchange Counter shall be based on the prevailing exchange rate of the supported currencies as at the date a reservation is made and is, therefore, merely an approximate value. You acknowledge and agree that we shall not be liable for any difference in the actual rate of exchange charged by the issuer at the time of clearance of payment of the reservation price. |
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6. |
ANCILLARY CHARGES |
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| 6.1 |
Any and all ancillary costs and expenses (including but not limited to electricity, telephone and Internet connection charges) incurred by you in accessing and using this site shall be borne by you and we shall not be liable to compensate or reimburse you for any such ancillary cost and expenses. |
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7. |
USER'S WARRANTIES |
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7.1 |
You represent and warrant that :
| (i) |
you shall be liable for all transactions carried out on this site under your username and password and shall make good on all such transactions; |
| (ii) |
you shall be liable for all cost and expenses arising or in connection with any unauthorised use of your username or password or any other breach of security not attributable to us; |
| (iii) |
all information (including but not limited to name, age, gender, address, e-mail address, passport number and credit card information) provided to us is accurate, true and complete; |
| (iv) |
you shall bear all charges which you shall incur or which may arise from any transaction carried out by you on this site at the prevailing rate of exchange, including but not limited to all applicable taxes; and |
| (v) |
you shall indemnify us and keep us fully indemnified against all claims, demands, actions and proceedings brought against us by any third party, or any damages, loss and expenses (including but not limited to legal costs on a solicitor-client basis) incurred by us directly or indirectly from the use or proposed use of this site by you or any other person with or without your knowledge. |
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| 8. |
EXCLUSION OF WARRANTY |
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| 8.1 |
The content, data and services provided on this site are provided on an "as-is-where-is" basis. Neither we nor our affiliates, officers, directors or employees, agents, third party content providers, merchants, service providers, sponsors, licensors or any other person involved in the creation, contribution, delivery or production of this site or any part thereof warrant accuracy, completeness, merchantability or fitness for a particular purpose of any of the content, data or services provided on this site, or that the use of this site shall be uninterrupted, error-free or virus-free. Marimari.com does not endorse or recommend the services of any particular company or service, nor is Marimari.com responsible for any statements, advice, information, services or goods provided by such companies. |
| 9. |
LIMITATION OF LIABILITY |
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| 9.1 |
In no event shall we be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind (including but not limited to loss of profits, loss of business and loss of data) whether based in contract or in tort or otherwise arising or which is in any way connected to;
| (i) |
the use of this site or content, data or services found herein; |
| (ii) |
any failure or delay (including but not limited to the use of or inability to use any component of this site for reservations); or |
| (iii) |
the performance or non-performance by us or our affiliates, even if we have been advised of the possibility of such damages. |
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| 9.2 |
If, notwithstanding the above, we or any of our affiliates should be found liable for any loss or damage arising out of or in connection with the use of this site or the content, data or services provided herein, our liability shall in no event exceed US$50.00. |
| 10. |
LINKS TO THIRD-PARTY SITES |
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10.1 |
The Marimari.com web site contains links to third-party web sites. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site. We provide these links only as a convenience to you and the inclusion of a link does not imply any endorsement of the linked site by us. |
| 11. |
RELATIONSHIP |
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| 11.1 |
The relationship between us and our affiliates, merchants, sponsors and licensors shall be that of independent contractors and neither of us, nor our respective officers, employees and/or agents shall be construed to be partners, fiduciaries, employees or agents of the other. |
| 12. |
APPLICABLE LAW |
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| 12.1 |
These Terms and Conditions and all transactions carried out by you using this site shall be governed by the laws of Malaysia. By accessing and using this site, you agree and acknowledge that the Courts of Malaysia shall have jurisdiction to settle any disputes which may arise out of or in connection with your use of this site, these Terms and Conditions or the legal relationship established by them. You consent and submit to the exclusive jurisdiction of the Courts of Malaysia all questions and/or disputes arising out of your use of this site and these Terms and Conditions or the legal relationship established by them. |
| 13. |
VARIATION |
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| 13.1 |
We reserve the right to vary or modify these Terms and Conditions at any time and your continued use of this site shall be conditioned upon the Terms and Conditions in force at the time of your use. You are deemed to be apprised of and be bound by any changes to these Terms and Conditions each time to access this web site. |
| 14. |
ASSIGNMENT |
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| 14.1 |
You shall not assign, convey, subcontract or delegate your rights, duties and obligations hereunder. |
| 15. |
SEVERABILITY |
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| 15.1 |
In the event any provision of these Terms and Conditions is determined to be unenforceable or invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. |
| 16. |
WAIVER |
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| 16.1 |
Any failure or delay by us in exercising any of our rights and remedies in respect of any breach of these Terms and Conditions shall not mean that we shall have waived such rights or remedies in respect of any preceding or subsequent breach. |
| 17. |
ENTIRE AGREEMENT |
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| 17.1 |
These Terms and Conditions contain the entire agreement between us relating to the use of this site and supersedes any prior communications, negotiations, agreements or understandings (whether express or implied, oral or written) relating to the use of this site. |
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