Welcome to the Y83 Platform. By accessing and using our website, you agree to comply with and be bound by the following terms and conditions.

 

General

• Users must be at least 18 years old to create an account and make purchases.

• All information provided by users must be accurate and up-to-date.

• Y83 reserves the right to modify these terms at any time. Changes will be effective immediately upon posting on the website.

 

Account

• Users are responsible for maintaining the confidentiality of their account information and passwords.

• Y83 is not liable for any unauthorized access to your account.

 

Transactions

• All prices are listed in the local currency and are subject to change without notice.

• Payments must be made through the provided payment gateways.

• Orders may be canceled by Y83 due to insufficient stock, inaccuracies in product information, or payment issues.

 

Limitation of Liability

• Y83 is not liable for any indirect, incidental, or consequential damages arising from the use of our services.

 

General Use of Services and/or Access of Platform

1. Cumulative Rights and Remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity. No exercise by us of any one right or remedy under these Terms of Use, at law, or in equity, shall operate to hinder or prevent our exercise of any other such right or remedy at law or in equity.

2.  No Waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect our right to enforce these Terms of Use at a later date. We are still entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

3.  Severability: If any provision of these Terms of Use becomes illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions shall not be affected or impaired. The remaining provisions shall continue in force as if the illegal, invalid, or unenforceable provision was severed from these Terms of Use.

4. Rights of Third Parties: A person or entity who is not a party to these Terms of Use shall have no right under the Contracts Act 1950 of Malaysia or any similar legislation in any jurisdiction to enforce any term of these Terms of Use. This clause does not affect the rights of any permitted assignee or transferee of these Terms of Use.

5. Governing Law: Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Malaysian law. You hereby submit to the exclusive jurisdiction of the Malaysian courts.

6. Injunctive Relief: We may seek immediate injunctive relief if we determine in good faith that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

7. Amendments: We may, by notice through the Platform or by such other method of notification as we may designate (including email), vary the terms and conditions of these Terms of Use. Such variation will take effect on the date specified in the notice. If you use the Platform or the Services after such date, you are deemed to have accepted the variation. If you do not accept the variation, you must stop accessing or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

8. Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice, or other document on our part shall be subject to correction without any liability on our part.

9. Currency: Money references under these Terms of Use shall be in Malaysian Ringgit.

10. Language: In the event that these Terms of Use are executed or translated in any language other than English ("Foreign Language Version"), the English language version shall govern and take precedence over the Foreign Language Version.

11. Entire Agreement: These Terms of Use constitute the entire agreement between you and us relating to the subject matter hereof and supersede and replace all prior understandings, communications, and agreements with respect to the subject matter hereof.

12. Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes and shall be conclusive evidence of any information and/or data transmitted between us and you. You agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or authenticity of such records merely because they are in electronic form or are the output of a computer system, and you waive any of your rights to object.

13. Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors, and/or agents on such terms as we deem appropriate.

14. Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

15. Force Majeure: We shall not be liable for non-performance, error, interruption, or delay in the performance of our obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability, or unsuitability. We may amend these terms from time to time. We will note the date that amendments were last made at the top of these terms, and any amendments will take effect upon posting. Every time you wish to use our Website and/or complete a booking with us, please check these terms to ensure you understand the terms that apply at that time.

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Details and Price

• You confirm that all details provided during booking (name, ID/passport, contact, payment details, and dates) are accurate and complete. If you make a mistake, we will try to help you correct it, but changes are not guaranteed, especially if it involves a change of identity.

• We aim to ensure advertised prices are accurate but errors can occur. If an error is obvious, we reserve the right to cancel or amend your booking (with your agreement). We will contact you if this happens.

 

Payment and Currency

• Exchange rates are calculated in real time. When prepaying online, you pay the exact amount shown. If paying in a different currency, your payment provider’s exchange rate and any international fees apply. When paying at the time of use, exchange rates may have changed since booking.

• If you encounter payment issues, do not resubmit. Confirm your booking status by contacting us.

• Refunds are processed to the original payment method unless agreed otherwise, subject to your payment provider’s timelines.

• We prioritize the security of your personal and payment information.

   

Rules When Using Our Website

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We May Make Changes to Our Website

We may update and change our Website from time to time to reflect changes to our services, our users’ needs, and our business priorities. We will try to give you reasonable notice of any major changes.

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We May Suspend or Withdraw Our Website

Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

The provision of our Website is reliant on the internet and devices. You fully understand and agree that we will not be liable for any losses suffered by you as a result of our Website not being available due to events, circumstances, or causes beyond our reasonable control, including but not limited to internet, system, or device instability, computer viruses, and hacker attacks.

You are responsible for providing the necessary equipment (including but not limited to an appropriate device and internet connection) and ensuring that all persons who access our Website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

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Your Account Details

You warrant that the information you provide us is accurate and complete at all times. You agree to keep your information up to date and notify us promptly if there are any changes. If we reasonably believe that your information is not current or accurate, we may suspend or terminate your account and your use of our Website.

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

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How You May Use Material on Our Website

We are the owner or licensee of all patents, copyrights, trademarks, business names, domain names, design rights, rights in computer software, database rights, and all other intellectual property rights, whether registered or unregistered, on our Website. All such rights are reserved.

You may print off copies and download extracts of any page(s) from our Website for your personal use and to draw the attention of others to content posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy, or download any part of our Website in breach of these terms, your right to use our Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.

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We Are Not Responsible for Websites We Link To

Where our Website contains links to other sites and resources provided by third parties, these links are for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

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User-Generated Content Is Not Approved by Us

This Website may include information and materials uploaded by other users of the Website, including discussion forums, bulletin boards, and review services. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values. We expressly exclude our liability for any loss or damage arising from the use of any interactive area by a user in contravention of our content standards below. If you wish to complain about information and materials uploaded by other users, please contact us.

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Prohibited Uses

You may only use our Website for lawful purposes. You may not use our Website or services:

• In any way that breaches any applicable local, national, or international law or regulation.

• In any way that is unlawful, fraudulent, unauthorized, or abusive, or has any unlawful, fraudulent, unauthorized, or abusive purpose or effect.

• For the purpose of harming or attempting to harm minors in any way.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with our content standards below.

• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send, or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You also agree:

• Not to reproduce, duplicate, copy, or re-sell any part of our Website in contravention of these terms.

• Not to access without authority, interfere with, damage, or disrupt:

  • any part of our Website;

  • any equipment or network on which our Website is stored;

  • any software used in the provision of our Website; or

  • any equipment or network or software owned or used by any third party.

• Not to interfere or attempt to interfere with the normal operation of our Website or any activity conducted on our Website.

• Not to take any action that would result in an unreasonably large data load on our Website’s network.

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Rights You Are Giving Us to Use Material You Upload

When you upload or post content to our Website, you grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, transferable license to use, reproduce, distribute, modify, adapt, publish, translate, prepare derivative works of, and display such content with or without attribution to you in connection with the services provided by the Website and across different media without notice, including the use of such content to promote the Website and/or the services. You also grant us the right to take legal action against any infringement of your or our rights in the content. To the extent possible, you expressly waive any and all “moral rights” (including rights of attribution or integrity) that may subsist in your content and agree that you have no objection to the publication, use, modification, deletion, or exploitation of your content. For the avoidance of doubt, we reserve the right to remove any content in our sole discretion without notice to you.

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If you believe that any of the content on our Website breaches your intellectual property rights, please contact us.

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We Are Not Responsible for Viruses and You Must Not Introduce Them

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our Website. You should use your own virus protection software.

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You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

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Rules About Linking to Our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Website on any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

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Liability

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Our Responsibility for Loss or Damage Suffered by You

Much of the information on our Website has been provided by the relevant Suppliers and/or users of our Website who have provided reviews of the Travel Products. We will endeavor to ensure that the information is accurate and complete, however, to the extent permitted by law, we shall not be liable for any loss or damage incurred by you as a result of the inaccuracy or incompleteness of the information. No representations, warranties, or conditions are given by us in respect of any information which is provided to you on our Website and any such representations, warranties, or conditions are excluded, save to the extent that such exclusion is prohibited by law.

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To the extent permitted by law, we shall not be liable for any loss or damage incurred by you as a result of:

• Incorrect details (such as name, ID details, nationality, contact details, payment details, dates, and times) submitted by you when making your booking. This includes, but is not limited to, loss or damage as a result of:

  • Not being able to contact you with important information about your booking, where you have provided incorrect contact details.

  • You are unable to use a Travel Product (e.g., check-in to a hotel, hire a car, use an airport transfer service, or use an attraction ticket) due to the ID details (including nationality) provided by you during your booking not matching those on your ID.

• Any purchase, including duplicate purchase, made by you in error.

• Any fees charged by your account provider for international payments, alternative exchange rates used by your account provider when paying in a different currency, or any changes in the exchange rate between the time of booking and the time of payment.

• Any direct communications between you and the relevant Supplier.

• False, inaccurate, outdated, or incomplete payment information provided by you.

• The use of any interactive area by a user of our Website in contravention of our content

• Events outside of our control, including but not limited to:

  • Acts of God, flood, drought, earthquake, or other natural disasters;

  • Epidemic or pandemic;

  • Terrorist attack, war, commotion or riots, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

  • Nuclear, chemical or biological contamination, or sonic boom;

  • Any law or any action taken by a government or public authority; and

  • Internet, system or device instability, computer viruses, and hacker attacks.

 

Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.