TERMS OF USE

Please read these Terms of Use (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or making any bookings via the Site, you agree to comply with and be bound by these Terms.

These Terms constitute a legally binding agreement (“Agreement”) between you and Leisure Farm Corporation Sdn Bhd (Company No. 109759-U) (“Leisure Farm Corporation”) governing your access to and use of our website, including any subdomains thereof, and any other websites through which Leisure Farm Corporation makes its services available (collectively, “Site”). When these Terms mention “Leisure Farm Corporation,” “we,” “us,” or “our,” it refers to the Leisure Farm Corporation Sdn Bhd, a private limited company incorporated in Malaysia.

1. Scope of our Services

Accommodation Reservation

Through the Site, we provide an online platform through which you can make reservations for short-term accommodation in Leisure Farm Resort (“Accommodation”), including making payment for such reservations in advance with a credit card, debit card or such other payment method to facilitate the processing of such payment (“Payment Instrument”). By making a booking through the Site, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site.

This shall become a binding contract formed in Malaysia pursuant to the Terms of Use when accepted by us. You will receive proof of the confirmed booking via an e-mail, which means the reservation has been confirmed by us.

During your check-in, you shall be required to sign a simple short-term accommodation agreement for your period of stay. Your booking shall be subject to the terms and conditions stated in the said agreement and the execution of the said agreement.

When rendering any booking on the Site, we shall not be held responsible for any errors (including manifest and typographical errors) or interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise). Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, we will use our commercially reasonable efforts to assist you.

The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Accommodation listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Site. We reserve the right not to accept you or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting you or booking include, but are not limited to: reselling of Accommodation booked through the Site on an individual or mass basis without our prior written approval (“Reselling”), breach of the Terms of Use, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by you of misleading or erroneous information, Payment Instrument problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations and etc. In case a booking is rejected or cancelled by us and a payment has already been made, you will receive a refund of the total booking value, except in the case of unauthorized Reselling or in any other appropriate case that we determine in our sole and absolute discretion where we reserve the right not to refund the total booking value or any part thereof. We also reserve the right to bar / blacklist users from the Site, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user. See also below for our fraud prevention mechanisms.

In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price or conditions) which a reasonable person would not consider to be normal. The amount charged will be reimbursed in such cases. Whether to cancel or reject a booking for this reason is in our sole discretion.

Please note that suspected group bookings can also be rejected or cancelled by us as we have specific procedures for group bookings. Contact us for more information.

Circumstances such as ongoing renovations, Accommodation booking errors, and specific guest needs can affect the quality of your stay. Kindly inform us of any special requests or requirements you have at check-in.

Ancillary Services

Apart from the booking of the Accommodation, the Site may provide a platform which you can browse other services, including but not necessarily limited to airport transfer and car rental services (“Ancillary Services”) and make reservations for such Ancillary Services.

The Ancillary Services may be provided by our associated companies or partners (“Partners”). Such Partners, if any, will be clearly displayed on the Site when browsing the Ancillary Services and a link provided to the Partner’s terms and conditions of use and/or privacy policy, which will govern the relationship between you and our Partner for the relevant Ancillary Service reservation. By making a booking through the Site for the Ancillary Services, you make an offer to book a reservation at the price listed for such reservation on the Site, and on such other terms and conditions notified to you by the Partner from time to time, which shall become a binding contract when your reservation is accepted by the Partner. The Partner will indicate the acceptance of your Ancillary Service booking via an email to you. The Partner reserves the right to reject bookings as set out in their terms and conditions.

2. Use of Site

As stated above, the Terms of Use form an agreement between you and Leisure Farm Corporation. We may also work with other companies to offer reservations of the Accommodation to the guests. In some cases, you will receive a confirmation referring to such other companies.
We grant you a limited, restricted, personal, non-transferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Leisure Farm Corporation. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary. Please also consult our Personal Data Protection Notice.

Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In addition, you agree not to:

• use the Site or its contents for any non-authorized commercial purpose (e.g. forward distribution or resale of bookings without permission);
• make any speculative, false, or fraudulent booking;
• access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;
• violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
• take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• deep-link to any portion of the Site (including, without limitation, purchase paths) for any purpose without our express prior written permission;
• re-sell, use, copy, monitor, display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose;
• “frame”, “mirror” or otherwise incorporate any part of the Site into any other website without our prior written authorization;
• deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity;
• deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
• deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material;
• deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
• deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
• impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
• manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
• use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
• attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means;
• obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses;
• engage in any deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or employ search engine optimization techniques considered to be against common search engine guidelines. Search engine optimization practices considered unethical, or “black hat” or “spamdexing” include, but not limited to cloaking, meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.;
• do anything else which could cause damage to the Site, Leisure Farm Corporation and our employees, Leisure Farm Corporation’s reputation, or would otherwise have a negative impact; or
• aid or abet any of the above.

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without our express written permission.

By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program.

If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence.

We may use proprietary or third-party technology on pages of its Site to keep the Site safe from malicious attackers or anyone who abuses the Site.

3. Prices, Additional Charges, Taxes, Exchange Rates

Please note that, unless expressly indicated otherwise, all prices on the Site are for reservations only, for the specified stay dates and number of people. Without prejudice to what is set out below, before you confirm a reservation, we will display the total price payable, including taxes and service fees, and what is included. As you select options or specify additional details, we will update the total price.

3.1 Prices for Accommodation

We strive to have the most competitive prices and we want you to pay the lowest price possible for your stay at an Accommodation. Sometimes cheaper rates are available on the Site for a specific stay at an Accommodation for the same room type, however, these rates made by Accommodation may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the Accommodation type and rate details thoroughly for any such conditions prior to making your reservation. The same room type may have different rates, depending on such restrictions and conditions.

3.2 Additional Charges

In addition to the reservation prices, we may charge mandatory service fees, surcharges, and taxes (for example, resort or amenity fees, sales and services tax, tourist tax and etc.). Such service fees and taxes will be displayed with your reservation price.

The maximum number of guests for each unit of Accommodation shall be six (6) adults and two (2) kids. You shall specify the exact number of guests during your booking. We reserve our rights to charge additional fees for extra guests or beds.

You are required to pay deposit for the booking of the Accommodation and such deposit will be collected when check-in.

You will incur additional charges at the Accommodation for all services and products you use that are not included in the reservation price as expressly described by the booking conditions. Charges for amenities you use and products you consume during your stay (e.g. food and drinks) are not included in the reservation price unless specified.

To travel to Accommodation, all guests may request for transportation transfers in advance for an additional fee. We will show these additional transfer fees with your total price. We do not control or operate transfers, and is not responsible for the quality, safety, frequency, or service levels of the transportation.

If you are unsure or concerned about additional charges, please verify with us which extra fees (if any) are payable in addition to your reservation.

Please note that all prices on the Site are for Ancillary Services are set by our Partners, unless otherwise indicated. Please refer to the appropriate Partner’s terms and conditions for any additional charges that may be applicable to your reservation.

3.3 Taxes

In connection with facilitating your Accommodation transaction, the charge to your Payment Instrument may include a charge for taxes and fees (“Taxes”) unless indicated otherwise. In relation to Accommodation, this charge is including, without limitation, sales and services tax, occupancy tax, tourism tax, excise tax, value added tax and/or other similar taxes.

3.4 Exchange Rates

Definitions:

• Account Currency means the default currency of the Payment Instrument you use to pay for a booking.
• Charge Currency means the currency in which you are charged for a booking.

The prices shown on the Site are based on the currency of Ringgit Malaysia and therefore, your Payment Instrument will be charged in the currency of Ringgit Malaysia for your booking. Your account provider will determine the exchange rate when the transaction is applied to your account if your Account Currency is not in Ringgit Malaysia. We may charge you additional fees for a foreign transaction and we do not control or benefit from your account provider’s exchange rate or fees.

4. Personal Data & Privacy

Please refer to our Personal Data Protection Notice for further information.

5. Payment Instrument

For Accommodation bookings with Leisure Farm Corporation, you authorize us to collect and process (including the collection and processing through a third party) your information required by processing service providers or the financial institution that issues your Payment Instrument such as a credit or debit card in order to verify your identity. Personal data collected about you and that may be shared to such third parties (including to handle your transaction and/or maintain your account) is set out in our Personal Data Protection Notice.

We will process refunds, if and when applicable, within a reasonable timeframe. You also authorize the crediting to your Payment Instrument in case of reversals, refunds, or adjustments through the service which facilitates the processing of payment transactions. Please note that your bank may impose additional fees on the transaction, over which we have no control. Certain Payment Instrument companies charge their member banks a fee for processing “foreign transactions”. Your issuing bank may or may not pass this fee on to you (the card user). Please contact your issuing bank for details as this is outside our control.

In the event of Payment Instrument fraud or unauthorized use of your Payment Instrument by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via the Site, please contact us immediately.

We reserve the right not to accept certain Payment Instruments. We may add or remove other payment methods at our discretion. For a variety of reasons, payment on the Site may fail. In such cases, we will offer you alternatives to ensure your reservation can proceed.

In order to make a booking you must be over 18 years old (or such other age at which majority is reached in your country or territory) and have the full legal capacity to make the transaction (or have the authorization to do so from your legal guardian). You undertake that the credit or debit card you are using is your own or that you are authorized to complete the booking with this card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account. You undertake that the details you provide us with in making a booking are fully correct.

6. Booking conditions, Cancellations and Refund

By making an Accommodation reservation on our Site, you accept and agree to the Term of Use, and to any additional (delivery) terms and conditions of the agreement to be signed by you at check-in.

Please note that you may be charged for your cancellation of your booking. Any cancellations received after the cancellation due date specified in the confirmation email (unless otherwise specified in the confirmation email, the cancellation due date would be fourteenth (14th) day from the date of receipt of the confirmation email) are subject to a minimum of a one (1) night cancellation fee, unless you are otherwise specified in the confirmation email.

Failure to arrive at the Accommodation will be treated as a late cancellation and will incur a minimum cancellation fee of one (1) night or more, unless otherwise specified in the confirmation email. If you wish to cancel your reservation, please revert to the confirmation email and follow the instructions therein.

If you fail to check in to your Accommodation on time on the day of your reservation and do not notify the Accommodation, the remaining portion of your reservation may be cancelled – and you may not be entitled to a refund.

Please contact us for any changes to your reservation – this applies to change of dates, extension of stay, early check out, delay of arrival or cancellation in full or in part. We reserve out rights to charge extra for the aforesaid changes.

Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact us in advance and verify whether that special needs can be met. Please note that all special requests are subject to availability and cannot be guaranteed by us. Your reservation will be refunded, cancelled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival.

7. Intellectual Property Rights

We own all our intellectual property rights, in relation to the content, design and marks appearing and contained in the Site. All rights are reserved.

You are provided with access to the Site only for personal and non-commercial use. The reproduction of any content from this Website in part or in its entirety is prohibited other than for personal use and shall not be adapted, recopied, downloaded, printed, displayed, published, transmitted, distributed, stored permanently or otherwise in any other form without our prior written consent. Individual non-commercial use does not allow for incorporation of material or any part of the Site, in any work, publication or website in any form whatsoever.

8. Reviews

By completing a booking, you agree to receive confirmation messages (via email and/or SMS), as well as an invitation email to complete our guest review form which we will promptly send to you after your stay at the Accommodation. The confirmation and guest review communications (emails, SMS) are transactional and are not part of the newsletters or marketing contents, from which you can unsubscribe (see our Personal Data Protection Notice for more details). The completed guest review may be uploaded onto the relevant information page on the Site for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Accommodation.

By posting a review and submitting content with it such as pictures, you grant us the full, perpetual, free, transferable and irrevocable rights to all submitted user content, including your name. We reserve the right to translate, edit, adjust, refuse or remove reviews at our sole discretion.

You confirm you will comply with the following guidelines for your review:

• reviews can only be written by certified guests who have booked through the Site and stayed at the reviewed Accommodation;
• reviews that contain text copied from another source, or which contain the opinions of anyone other than the writer, will be rejected;
• reviews should be based on your own experience only;
• avoid specific information such as rates and room numbers. For privacy reasons, personal information, including individuals’ names, phone numbers, and emails are not allowed;
• spammy content, gibberish, hyperlinks, HTML tags, and duplicates are not permitted and will be removed;
• we will not approve reviews containing profanity, discriminatory comments, personal attacks, or references to sexual or drug-related activities; and
• we may edit or reject reviews that do not conform to these guidelines. We reserve all rights to reviews in accordance with our Terms of Use.

In addition, you represent and warrant that (i) 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 Site; (ii) such content is accurate and not misleading; and (iii) 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. You further grant us the right to pursue at law any person or entity that violates your rights or our 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.

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

For Ancillary Services, the Partner providing the Ancillary Service may invite you to complete a review regarding the Ancillary Services provided.

9. Disclaimer

Operation of the Accommodation

We do not act as a hotelier or a hotel operator and we disclaim all representations, conditions and warranties of any kind, either express or implied, including, but not limited to, management and operation of the Accommodation as a hotel, the conditions of the Accommodation and its facilities, service quality or guest satisfaction that reasonably expected from a hotel. We further disclaim all liability for any loss or damage, which may be directly or indirectly suffered by you or anyone else in connection with our operation and management of the Accommodation as short-term accommodation.

The Site

All content, including software, products, services, information, text and related graphics contained within or available through the Site are provided to you on an “as is,” “as available” basis.

We make no representations or warranties of any kind, either express or implied, as to the operation of the Site or the information, content or materials included on the Site and to the extent permissible pursuant to applicable law.

We disclaim all representations, conditions and warranties of any kind, either express or implied, including, but not limited to, the implied conditions or warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties.

We do not warrant or make any representations that the Site will operate error-free or uninterrupted, that defects will be corrected, or that the Site and/or its servers will be free of viruses and/or other harmful components.

We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the Site for any purpose, including software, products, services, information, text and related graphics content.

Unless we are at fault for intentional or willful misconduct, or gross negligence, we are not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmission or receipt of reservations or, any computer virus or other technical defect, whether human or technical in nature.

We accept no liability for loss which may arise from use of, access or reliance on information contained on the Site. This Site may not always be operational or free of functional defects. We hereby expressly disclaim, to the fullest extent permitted by applicable law, any and all liability in respect to you or anyone else for any loss or damage, however caused which may be directly or indirectly suffered in connection with use of the Site or websites of other entities which are linked from the Site.

10. Indemnity

You agree to indemnify and keep us fully indemnified from and against any liability, damage or loss including legal fees and expenses that are incurred or suffered as a result of (i) any breach or non-compliance by you of any law or any term of these Terms of Use, (ii) any action, inaction or omission by you, or (iii) any dispute or litigation caused by your actions, inactions or omissions. If you use the Site for or on behalf of a third-party (“Third-Party”), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-Party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-Party agrees to indemnify and keep us fully indemnified from and against any and all liabilities, losses, damages, suits and claims, relating to the Third-Party’s failure to fulfill any of its obligations as described above.

11. Governing Laws

This Site including the Terms of Use, is subject to and governed by the Laws of Malaysia.