TripCanvas Site Terms and Conditions

This Site (here collectively known as TripCanvas and its affiliate websites) is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions, and notices.

We may change or modify these Terms of Use at any time and such changes or modifications will come into effect immediately upon posting to the Site. Your continued use of the Service or the Site after any change or modification constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use. By agreeing to this terms and conditions, you also agree to our privacy policy.

 

PERSONAL AND NON-COMMERCIAL USE ONLY

The Site and Services are made available for your personal, non-commercial use only. You may not use Site to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. The content and information on this Site, as well as the infrastructure used to provide such content and information, is proprietary to TripCanvas. You may not take the results from a search and reformat and display them, or mirror the Company home page or results pages on your website. You may not “meta-search” the Site. If you want to make commercial use of the Services, you must enter into written agreement with us to do so in advance.

You agree not to or to attempt to submit, upload, post or otherwise introduce any unlawful, defamatory, sexually explicit, abusive or obscene or any otherwise illegal material of any kind or material that infringes any intellectual property rights of any person onto this Site.

 

LINKS TO THIRD PARTIES AND THIRD PARTY CONTENT

TripCanvas may provide information on, accepts advertising from, and provides links to third-party vendors. We have no control over, and we assume no responsibility for, the content, privacy policies, or practices of any third party sites and third party content contained on the Site, to which the Site is linked, or on which Site Content is posted. Our terms and conditions do not govern any third party sites, and we encourage you to review the applicable terms and policies of any third party site.

TripCanvas does not warrant that the third party content is not defamatory or does not infringe the intellectual property rights of any person nor will TripCanvas be liable for any such material or content or any material or content which is otherwise illegal.

 

INTELLECTUAL PROPERTY RIGHTS AND LICENSING CONDITIONS.

TripCanvas Property

Unless otherwise expressly provided, all copyright and all other intellectual property, property or private rights in the Website and in the material published on the Website (including, by way of example only and not restricted thereto, art-works, photographs, pictures and graphic diagrams) and the Services are the property of TripCanvas or its licensing agents. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Any use of the contents of this Website not permitted under these terms and conditions is strictly forbidden. If you breach any condition herein we may automatically terminate and cancel your authorization to visit and use the Website and you must, at our sole option, immediately return or destroy any material printed or downloaded from the Website. TripCanvas does not endorse or accept any responsibility for the content, or the use, of any website linked to this site.

This website has been compiled in good faith by TripCanvas. To the extent permitted by law all information is offered without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or completeness or accuracy of the information it contains. Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. By accessing this website, you agree that TripCanvas will not be liable for any loss arising from the provision or use of the information and material contained in this website (other than losses which may not be excluded by law).

Any information or material provided to us directly or indirectly for or through the website, other than personal information and booking information (see our Privacy Policy) will be deemed not to be confidential, nor to have any commercial value. By providing any information or material, you grant TripCanvas and its affiliates an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information or material, and you also grant TripCanvas and its affiliates free licence to use any ideas, concepts, know-how or techniques contained therein. No material will be acknowledged or returned unless written agreement is obtained at the time of provision.

User Content

The Website allows you to create, upload, and share information in connection with the Services. The Website allows you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others (collectively “User Content”). You are solely responsible for your use of User Content and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our service any materials:

i) that are unlawful, libelous, defamatory, harassing, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, such as to incite racial hatred, discriminatory or discriminating, menacing, scandalous, inciting, blasphemous, damaging to obligations of secrecy, prejudicial to privacy or publicity rights or that may in any way cause annoyance or harm, deceptive, fraudulent or otherwise objectionable;

ii) for which the necessary licences or approvals have not been obtained or would violate the rights of any party or any local, state, national or international law; or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

iii) that represent or encourage forms of behaviour that may be considered to be offences, that may determine someone’s civil liability, that are in any way against the law, public order or good conduct or that harm third-parties’ rights anywhere in the world;

iv) that could cause damage (including, without any restrictions whatsoever, computer viruses, logic bombs, Trojan horses, worms, malware, defective components, corrupt data or other software with harmful content or capable of causing damage);

v) that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information;

vi) that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using and benefiting from our Services;

vii) that is spam, is machine- or randomly-generated, or contains unethical or unwanted commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);

viii) that does not comply strictly with any carrier agreements and terms associated with your mobile device;

x) that attempts to disrupt the Website or Services; or that

xi) abuse the Website in any way (including, without limitation and by way of example, “hacking”).

In posting and/or otherwise submitting User Content to the Website, you grant us an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in any and all media (now known or hereafter developed). You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Website and under these Terms.

Notwithstanding anything to the contrary herein, we will not use or disclose any User Content you post to any workroom or other non-public location except as necessary to provide the Site Services to you or in response to a valid legal process of a court or other lawful order.

Removal of User Content

In connection with providing the Services, we are not liable for any statements, representations, or other User Content or other materials displayed on the Website by third parties, including by our advertisers. Although we have no obligation to screen, edit or monitor any of the materials appearing on the Website from you or other third parties, we reserve the right, and have absolute discretion, to remove, screen or edit any such materials posted or stored on the Website at any time and for any reason without notice at our sole discretion. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Website, at your sole cost and expense.

Limited License

Subject to your compliance with all of the Terms, we grant you a limited, revocable, non-exclusive, non-transferrable license to print or download extracts from the Website for your own personal use (and for the avoidance of doubt, not any commercial use) PROVIDED

i) You do not change any document or graphic item of the Website in any way;

ii) You do not distribute any materials from the Website or publicly display them without prior written consent from us;

iii)You do not use any illustrations, photographs, video or audio sequences or any graphic items of the Website separately from the accompanying text;

iv) You do not modify the paper or digital copies of any materials you have printed or downloaded in any way;

v) You acknowledge Our status (and that of any identified contributors) as the authors of material on the Website;

vi) You include all copyright declarations and the registered trademark declarations, together with this licensing declaration, to each copy extracted from the Website.

Notwithstanding the above, no part of the Website may be reproduced or filed in any other website or included in any system of information filing and search or service provision, without prior consent in writing from TripCanvas.

Suppliers relationship

The Suppliers here refer to suppliers, vendors, writers, content producers or any other service providers of TripCanvas and its affiliates websites.

Any works or derivatives of works contracted by TripCanvas to the Suppliers shall remain confidential at all times if both parties enter a Non-disclosure agreement.

The completed articles, content, or any other related works as contracted in the agreement are the properties of TripCanvas unless otherwise agreed by TripCanvas.

Upon completion of work, any articles, contents or works can be used by the writers or content producers for building their own portfolio only if written consent is given by TripCanvas. However, this right given does not apply to commercial use or any other personal gain.

 

OUR USE OF COOKIES

Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. The information is used to track visitor use of the Site and to compile statistical reports on Site activity. For further information about cookies visit www.aboutcookies.org or www.allaboutcookies.org. You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our Site features may not function if you remove cookies from your browser.

i) Third party vendors, like Google or other websites use cookies to serve ads based on a user’s prior visits to your website.

ii) We also may use DART cookies for ad serving through Google’s DoubleClick, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements). This cookie is used to serve ads specific to you and your interests (‘interest based targeting’). The ads served will be targeted based on your previous browsing history (For example, if you have been viewing sites about visiting Bali, you may see Bali hotel advertisements when viewing a non-related site, such as on a site about shoes). DART uses ‘non personally identifiable information’. It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security number, bank account numbers or credit card numbers.

ii) You may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting Ads Settings.

 

DISCLAIMER & NON-AFFILIATION

This Site may contain hotel rates and other information provided by third parties. We do not guarantee the timeliness, validity, completeness, accuracy or reliability of these information. You understand and agree that you shall use the information at your own risk. Under no circumstances, including negligence, shall TripCanvas or its affiliates be liable to you or anyone else for any damages, loss, claims or direct, indirect, incidental, special or consequential damages which may arise out of or is in any way connected to use or reliance on listing of any information relating to this Site or the information contained herein, and includes any delay or inability to use this Site. This provision includes, without limitation, any liability for consequential, special, incidental, indirect, punitive or similar damages, even if we are advised beforehand of the possibility of such damages, and covers any actions whether based on tort, contract, strict liability or otherwise.

The Site may contain opinions, recommendations, statements and information provided by third parties. We do not represent, endorse or guarantee the truthfulness, accuracy or reliability of any such content.

The information and materials published on the Site are published without warranty of any kind whether express or implied, including but not limited to any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, security and accuracy.

This Site is privately owned and is not affiliated in any way with any travel companies, travel associations, airlines, hotels, merchants, publishers, event organisers and other websites.

You understand and agree that you download or otherwise obtain material or data through the use of the Site at your own discretion and will be solely responsible for any damages to your computer system or loss of data that may result.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless TripCanvas its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by your failure to comply with these terms and conditions, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party or from your violation of any applicable law.

 

GOVERNING LAW

This agreement shall be governed by and construed in accordance with the laws of Malaysia and the parties submit to the non exclusive jurisdiction of the Courts of Malaysia.