Terms & Conditions – Cutiku Online Sdn. Bhd. (www.cutiku.com)

1. Your agreementThis website (“this Website”) or Mobile Application is operated by Cutiku Online Sdn Bhd. Please read these terms of use (hereinafter referred to as the “Terms of Use”) carefully before using this Website & Mobile Application and the services offered by Cutiku Online Sdn Bhd, its specified affiliated companies (together hereinafter referred to as the “COSB”) or the third-party operators (hereinafter referred to as the the “Operator”) through this Website or Mobile Application (hereinafter referred to as the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Website or Mobile Application and (2) persons for whom you make a purchase of the Services.

2. Change of Terms of Use

a. COSB 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 COSB changes or modifies this Terms of Use, COSB 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.

b. Your continued use of this Website or Mobile Application 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, Mobile Application 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. By using our Website, Mobile Application and/or completing a booking with us, you confirm that you accept these terms and any relevant Supplier’s terms and conditions, and that you agree to comply with them.

c. 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 COSB from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use.

d. Different terms and conditions (such as cancellation and change rights) apply to different Travel Products, these will be made available to you during your booking process and form part of these terms. Kindly read them carefully before booking. By using our Website, Mobile Application and/or completing a booking with us, you need to confirm that you accept these terms and any relevant Supplier’s terms and conditions, and that you agree to comply with them.

e. These terms also tell you the rules for using our services, including the content standards that apply when you upload content to our Website or Mobile Application, link to our Website or Mobile Application or interact with our Website or Mobile Application in any other way.

3. Access and Use of the Services

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

b. Subject to this Terms of Use, COSB 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, Mobile Application, any Services offered by COSB by itself or on behalf of the Operators on this Website. COSB may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. COSB 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.

c. COSB does not guarantee that the Services will always be available or uninterrupted. COSB 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. If you are booking Travel Products for a number of individuals, the first name you provide will be responsible for (i) providing accurate information on the other individuals, (ii) accepting these terms on their behalf and ensuring that they comply with them, (iii) checking the details in the booking confirmation and contacting us immediately if any of the details are incorrect, and (iv) paying the full price of the booking and any additional charges in relation to the booking. 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.

d. COSB reserves the right to require prior written consent before linking to this Website.

4. Website and Contents

a. All materials displayed or performed on this Website or Mobile Application 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, Mobile Application 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.

b. 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.

c. We do not guarantee that our Website or Mobile Application, 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.

d. COSB cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website or Mobile Application. COSB 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 there from.

e. Under no circumstances will COSB 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 or Mobile Application.

f. Where our website contains links to other sites and resources provided by third parties, these links are provided 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.

5. User Submission

a. Your Account Details

i. You warrant that all account information supplied by you is true, accurate, current and complete.

ii. 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. You fully understand and agree that we will not be liable for any losses suffered by you as a result of you failing to treat such information as confidential.

iii. 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 these terms.

iv. If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us using the contact details in section 1 of these terms. In this situation, if you have saved your payment details to your account, you will also contact your payment account provider in order to reduce any losses that may occur.

b. Uploading of Information

In the course of accessing this Website or using the Services, you may provide information which may be used by COSB 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 COSB and/or the Operators in connection with the Services (“User Submissions”): (a) You hereby grant to COSB 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 COSB ’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 anymedia channels; (b) You agree and authorize COSB 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 COSB 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 COSB 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 COSB will not be liable for any errors or omissions in any content.

c. Others

i. We are not responsible for viruses and you must not introduce them as we do not guarantee that our website will be secure or free from bugs or viruses.

ii. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

iii. You must not misuse our website by knowingly introducing viruses, trojans, worms or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised 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.

6. Booking Confirmation

Certain Services are stated to be subjected to instant confirmation. Other than these Services, any required time for confirmation as stated on the Website or Mobile Application is solely for reference only. Actual time required for confirmation may vary.7. Purchase and Use of the Vouchers

i. Through this Website or Mobile Application, you may purchase vouchers from COSB 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.

ii. 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.

iii. An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither COSB 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, the respective Operator may refuse to accept your Voucher, and no refunds will be granted.

8. Terms of the vouchers

i. 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 or Mobile Application.

ii. 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.

9. Cancelation of Vouchers

i. You may cancel your Voucher by contacting COSB customer service within the cancellation period (if available) based on Term & Condition (not all operator allow cancellation), as stated at the time of purchase on the Website or Mobile Application. Cancelation windows vary on a case-by-case basis.

ii. The Operator, not COSB, 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.

iii. 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 are in Ringgit Malaysia (RM) and payable in Ringgit Malaysia (RM).

iv. If an Event which you have purchased a Voucher for is cancelled by the Operator, COSB will notify you as soon as reasonably practicable, and will process a full refund of the Voucher value to the credit card or Bank Account you used to purchase such Voucher.

10. Required assistance

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), COSB will try to liaise with the Operator for an appropriate remedy.

11. Additional charges

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

12. Modification to charges

COSB reserves the right to change its price for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this Website or Mobile Application. Your use, or continued use, of the Services offered by COSB following such notification constitutes your acceptance of any new or revised fees or charges.

13. COSB’s Rights and Obligations

i. COSB 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 COSB’s sole discretion.

ii. COSB 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 particular Services that may be payable for using the Services are expressly excluded in determining the best price.

iii. Whilst the Operators are required to provide COSB with accurate and updated prices of the Services on this Website or Mobile Application, COSB cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.

14. The above terms and conditions & return policies are applicable to all COSB users worldwide.

15. Privacy policy

For COSB policy relating to its use of your personal data, please review COSB’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.

16. Language

Where the original English version of these terms has been translated into other languages, the English version shall prevail in the event of any inconsistences between the versions.

Dated 9 January 2024