Last Updated: 24 September 2021

 

WELCOME TO GOWAUS!

Please read the following Terms of Service (“Terms”) carefully before using the Platform or opening an Account so that you are aware of your legal rights and obligations with respect to the company managing the Platform, namely, World and Us Tourism Sdn. Bhd. (Company Registration No. 202101000618 [1400916-W]), as well as its affiliates and subsidiaries.

 

BY CLICKING “I HAVE READ AND ACCEPT THE TERMS AND PRIVACY POLICY” AND/OR ACCESSING OR USING THE PLATFORM AND/OR SERVICES AND/OR OPENING AN ACCOUNT, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS IN ITS ENTIRETY FROM THAT POINT ONWARDS INCLUDING THOSE TERMS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. IF AT ANY TIME YOU DO NOT ACCEPT ANY OR ALL THE TERMS IN ITS ENTIRETY, YOU MUST IMMEDIATELY TERMINATE YOUR ACCOUNT AND/OR DISCONTINUE THE ACCESS AND USE OF THE PLATFORM. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO ACCESS AND/OR USE THE PLATFORM OR TO OPEN AN ACCOUNT.

 

We may change, modify, add to and delete these Terms at any time and as such, please check these Terms every time you use the Platform to ensure that you have reviewed the current version. By continuing to access or use any part of the Platform after such changes to these Terms, you agree and consent to the changes.

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1.1 Definitions

In these Terms unless the context otherwise requires or unless it is otherwise expressly provided the following words and expressions shall have the following meanings:
“Accommodation”means any accommodation including, but not limited to, a hotel, resort, serviced apartment, hostel, inn, boarding-house, rest house, lodging house and guest house that is offered by a Host through the Platform;
“Account”means an account opened by you with GoWaus to access or use the Platform and/or Services;
“Activity”means any activity including, but not limited to, an excursion, event, sightseeing, tour, sport and visit that is offered by a Host through the Platform;
“booking”means a booking of an Accommodation or Activity made through the Platform;
“Booking Confirmation”means the document sent to a Customer and Host by GoWaus confirming and containing the details of a booking;
“Content”means any content or material including, but not limited to, all forms of text, graphics, illustrations, files, data, images, photographs, pictures, logos, designs, links, listing, audio, music, video, livestream, news, information, messages, reviews and feedback. “User Content” shall be construed as Content posted by a User;
“Customer”means a User who searches for and/or books an Accommodation or Activity through the Platform;
“GoWaus”, “we”, “us” or “our”means the company managing the Platform, namely, World and Us Tourism Sdn. Bhd. (Company Registration No. 202101000618 [1400916-W]), as well as its affiliates and subsidiaries;
“Guest”means any third party that a Customer invites to an Accommodation or Activity;
“Host”means a User who offers and/or provides an Accommodation or Activity through the Platform;
“Listing” means a listing posted by a Host on the Platform detailing the Accommodation or Activity offered;
“Platform”means the platform owned and/or managed by GoWaus to provide the Services including the website accessible at www.gowaus.com, the GoWaus mobile application and any other platform (whether known now or in the future);
“Policies”means collectively our Privacy Policy, our Cancellation and Refund Policy and other supplemental terms and policies referenced or linked to in these Terms;
“post” or “posted”means to publish, display, submit, provide, transmit and/or upload;
“RM” or “Ringgit”means the lawful currency of Malaysia;
“Services”means collectively any service, feature and/or functionality made available by GoWaus to the Users to connect Hosts who have Accommodations and Activities to offer with Customers seeking such Accommodations and Activities as well as any related service, feature or functionality arising therefrom;
“Terms” means these Terms of Service including all amendments and modifications made from time to time and in force;
“Total Charges”means collectively all charges for the booking including the price of the Accommodation or Activity, applicable fees, applicable taxes and any other items stated in the Listing and/or identified during checkout;
“Users”means, collectively, Hosts and Customers who access or use the Platform and/or Services; and
“User”, “you” or “your”means you, a User of the Platform and/or Services, whether as a Host or a Customer.

1.2 Interpretation

In these Terms, unless the context otherwise requires:

(a) words denoting one gender include the other gender and neuter gender and words denoting the singular include the plural and vice versa;

 

(b) an expression importing a natural person includes any corporation or other body corporate, partnership, association, public authority, two or more persons having a joint or common interest, or any other legal entity;

 

(c) any reference to “tax” shall be construed so as to include any present or future tax, levy, impost, duty, value added tax or other charge of a similar nature (including, without limitation, any penalty or interest payable in connection with any failure to pay or any delay in paying any of the same);

 

(d) any reference to a “law” includes any legislative measure, common or customary law and constitution or treaty as re-enacted, amended or extended from time to time or any present or future directive, regulation, request or requirement (in each case, whether or not having the force of law but, if not having the force of law, the compliance with which is in accordance with the general practice of persons to whom the directive, regulation, request or requirement is addressed);

 

(e) the headings and subheadings in these Terms are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any of the provisions contained herein; and

 

(f) no rule for the construction or interpretation of contracts shall apply to the disadvantage of GoWaus for the reason that GoWaus was responsible for the preparation of these Terms or any part of it.

2.1 Licence to Use

GoWaus grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable and non-assignable licence to access and use the Platform subject to these Terms.

2.2 Platform Content

Except for Content owned by you, Content posted or made available on the Platform are the exclusive property of GoWaus or third-party proprietors respectively and may be protected by copyright, trademark, and/or other intellectual property laws. Do not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, reproduce, copy, distribute, republish, transmit, publicly display, publicly perform, transmit, broadcast, modify, adapt, create derivative works of, sell, transfer, license, rent, distribute or otherwise exploit any Content posted or made available on the Platform (or any part thereof) or cause, permit or authorize any of the aforementioned, unless you are the legal proprietor of the same or as expressly permitted in these Terms. You also may not, without our prior written consent, mirror or frame the Platform or any part or individual element of the Platform on any other server or as part of any other website.

2.3 Account

Many functions and features of the Platform require registration for an Account by creating a unique user identification (“User ID”) and password and the providing of certain personal information. You agree:

(a) That registration for an Account is only permitted for individuals who are 18 years of age or older, companies and other legal entities. By registering for an Account, you represent and warrant that you are not an individual or entity barred from using the Platform under the laws of Malaysia and that if you represent a company or any other legal entity, you have the authority to represent and bind said company or legal entity to these Terms;

 

(b) That you shall provide accurate, current, and complete information during registration and keep your Account information up-to-date;

 

(c) That you will not register more than one Account or operate multiple accounts in connection with any conduct that violates either the letter or spirit of these terms or transfer your Account to someone else;

 

(d) That if you create a User ID that GoWaus, in its sole discretion, finds vulgar or otherwise offensive or inappropriate, GoWaus has the right to suspend or terminate your Account, or to require you to change your User ID;

 

(e) That you will keep your password confidential and use only your User ID and password when logging in;

 

(f) That you will ensure that you log out from your Account at the end of each session on the Platform;

 

(g) That you will not access the Platform, open an Account or otherwise access your Account using an emulator, simulator, bot or other similar hardware or software;

 

(h) That you will immediately notify GoWaus by email at [email protected] (if you are a Host) or [email protected] (if you are a Customer) of any unauthorised use of your Account, User ID and/or password or if you suspect that your User ID and/or password has been lost or stolen, or your Account is otherwise compromised;

 

(i) That you are fully responsible for all activities that occur under your User ID and Account even if such activities were not committed by you; and

 

(j) That GoWaus will not be liable for any claims, losses, damages, costs, expenses and judgments arising from unauthorised use of your Account, User ID and/or password or your failure to comply with this Clause.

2.4 Verification of Identity

If and as permitted by law, we may, but have no obligation to ask you to provide identification or other information, undertake checks designed to help verify your identity or background, screen you against third-party databases or other sources and request reports from service providers and obtain reports from public records of criminal convictions or sex offender registrations or their equivalents.

2.5 Access to the Platform

GoWaus reserves the right to change, modify, suspend or discontinue all or any part of the Platform and/or the Services at any time in its sole discretion and without notice or liability. GoWaus may release certain Services in beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. GoWaus may also, in its sole discretion and without notice or liability, restrict or refuse your access to the Platform and/or Services (or any part of the Platform or Services) or refuse to allow you to open an Account.

2.6 Link to Platform

You are welcome to link to the Platform from your website, provided that your website does not imply any endorsement by or association with GoWaus.

2.7 Links to Third-Party Services

You may be able to use your Account or otherwise click on third-party links to leave the Platform and/or gain access to other websites, applications, products or services. GoWaus has not reviewed and assumes no responsibility for any third-party content, functionality, security, services, privacy policies or other practices of those websites, applications, products or services, which are not under the control of GoWaus in any manner whatsoever. Such third-party links do not in any way imply or express affiliation, endorsement or sponsorship by GoWaus and you therefore access them at your own risk.

3.1  Searching for Accommodation and Activity

As a Customer, you may search for Accommodations and Activities on the Platform by using criteria such as location/destination, travel dates and number of persons who will occupy the Accommodation or participate in the Activity. You may sort and/or refine your search results by using filters such as price range, rating, facilities and more. You must specify the correct number of persons, including children, who will occupy the Accommodation or participate in the Activity failing which a Host may, at his sole discretion, impose additional charges or refuse to allow additional guests to stay in the Accommodation or participate in the Activity.

3.2 Booking an Accommodation or Activity

 

You may book an Accommodation or Activity by paying all charges for the booking (collectively “Total Charges”) as follows:

(a) the price of the Accommodation or Activity;

 

(b) applicable fees such as cleaning fees and parking fees;

 

(c) applicable taxes such as sales tax, service tax and tourism tax; and

 

(d) any other item stated in the Listing and/or identified during checkout.

3.3 Payment Methods

 

GoWaus supports one or more of the following payment methods:

(a) FPX Payment

Financial Process Exchange (FPX) is a Malaysian based payment method. You will be directed to your bank’s internet banking page to complete your payment before being returned to the Platform.

 

(b) Credit/Debit Card

Card payments are processed through third-party payment channels and the type of credit/debit cards accepted by these payment channels may vary depending on the jurisdiction you are in.

 

(c) PayLater Postpaid by Grab

No payment is needed for the current month and you only need to pay in full the following month. Subject to a limit of RM1,000.00.

 

(d) Instalment Plan

Payments via instalments are processed through third-party channels and you may be charged for this service by the relevant service provider. The following service providers currently support instalment plans:

(i) PayLater Instalments by Grab: four (4) equal monthly instalments subject to RM4,000.00 limit;

(ii) Atome: three (3) equal monthly instalments subject to limit of RM1,500.00 for debit cards and RM3,000.00 for credit cards.

3.4 Unauthorised Payment etc.

GoWaus reserves the right but does not have any obligation to verify, check or confirm whether a Customer is duly authorised to use a certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available. GoWaus takes no responsibility and assumes no liability for any loss or damages to Customers arising from payment information entered by Customers or wrong remittance by Customers in connection with any payment transacted through the Platform.

3.5 Booking Confirmation

After your payment is completed, you will receive a Booking Confirmation through the Platform and/or by email whereupon a contract is formed directly between you and the Host. All terms and conditions, rules, policies or requirements stated and/or linked to in the Listing or prior to payment of the Total Charges as well as our Cancellation and Refund Policy shall form part of your contract with the Host. Be aware that some Hosts work with a co-host or as part of a team to provide their Accommodation or Activity.

3.6 Security Deposit and Additional Charges

 

Notwithstanding anything to the contrary contained in these Terms, you agree that the following payment may be charged and collected directly from you by the Host and/or at the Accommodation or at the Activity:

(a) A refundable security deposit that may be used to cover any damage or loss that occurs during your stay at the Accommodation or participation in the Activity; and

 

(b) Charges for all additional amenities, products and/or services that you use or consume during your stay at an Accommodation or your participation in an Activity and for services that are provided by third-party providers that may not have been expressly described in the Listing such as charges for parking, food and drink, internet access and valet.

3.7 Accommodation Bookings

An Accommodation booking is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay to the extent that it is reasonably necessary, it is permitted by your contract with the Host and it is consistent with applicable law. If you stay past the check-out time, the Host has the right to make you leave in a manner consistent with applicable law and/or to impose reasonable overstay penalties. The number of persons occupying the Accommodation shall be as specified by you during payment checkout and shall not exceed the maximum number of allowed persons as provided in the Listing.

3.8 Activity Bookings

An Activity booking entitles you to participate in or attend that Activity. You are responsible for confirming that you and all your Guests meet the minimum age, proficiency, fitness or other requirements of the Activity. You are responsible for informing the Host of any medical or physical conditions or other relevant circumstances that may impact your ability or the ability of any of your Guests to participate in the Activity. Except where expressly authorized, you may not allow any person to join an Activity unless they are included as a Guest during the booking process.

3.9 Responsibilities of Customers

 

You agree:

(a) that you are solely responsible and liable for your acts and omissions as well as the acts and omissions of your Guests (including any minors under the age of 18) during your stay at any Accommodation or participation in any Activity; and

 

(b) that you shall comply with as well as ensure the compliance of your Guests with all applicable laws, rules and regulations at all times.

3.10 Assumption of Risk by Customer

You acknowledge that your stay at any Accommodation or participation in any Activity, your interaction with other Users or third parties whether in person or online and any other action or omission arising out of your access to and use of the Platform and/or Services carry inherent risks such as loss or damage to property, bodily injury, illness, disability and death. You hereby voluntarily assume the entire risk that arise from your access and/or use of the Platform and/or Services including, but not limited to, your stay at any Accommodation or participation in any Activity and your interaction with other Users or third parties whether in person or online and you further agree that GoWaus shall not be made responsible or held liable for any damage to property, bodily injury, illness, disability or death arising from the aforementioned.

4.1 Complaints Procedure

 

Any complaints regarding an Accommodation or Activity should be dealt with in the following manner:

(a) A Customer shall, in the first instance, address his complaint directly and immediately to the Host, or any party authorized by the Host, who shall resolve the complaint at the location of the Accommodation or Activity;

 

(b) If the Host is unable or unwilling to resolve the Customer’s complaint, the Customer may then contact GoWaus at +6017-348 4536 (during working hours 9.00 a.m. to 5.00 p.m. (GMT +8), Monday to Sunday) or email GoWaus at [email protected] (outside of working hours) and GoWaus will attempt to address the complaint promptly and fairly by coordinating directly with the Host to find a mutually agreeable solution;

 

(c) If the Customer’s complaint could not be resolved and/or a mutually agreeable solution could not be reached on the spot and/or at the location of the Accommodation or Activity, the Customer may then request for a cancellation and refund in accordance with and subject to our Cancellation and Refund Policy.

4.2 Damage Claims

Notwithstanding anything in these Terms, if a User claims and provides evidence that another User damaged their real or personal property (“damage claim”), GoWaus may, but is not obliged to, assist the complaining User with the damage claim. GoWaus will notify the other User of the damage claim who will then be given an opportunity to respond. If the responding User agrees to pay, or GoWaus determines in its sole discretion that the responding User is responsible for the damage, GoWaus may collect any sums required to cover the damage from the responding User. You agree that GoWaus may seek to recover from you under any insurance policies you maintain and that GoWaus may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information GoWaus requests, execute documents, and take further reasonable action, in connection with a damage claim, User complaints, claims under insurance policies, or other claims related to your provision or use of an Accommodation or Activity. For the avoidance of doubt, GoWaus is not and shall not be liable for any damage claim or any claims, losses, damages, costs, expenses and judgments with respect to or arising from any damage claim.

5.1 Booking Modifications

Customers and Hosts may request to modify a booking by emailing us at [email protected] or via the method designated by the Platform. Customers and Hosts are responsible for and agree to pay any additional amounts, fees or taxes associated with any such booking modification. All booking modifications are subject to availability and applicable rates and conditions.

5.2 Booking Cancellations

Any booking cancellation and refund is subject to our Cancellation and Refund Policy which is incorporated and forms part of these Terms. Please refer to our Cancellation and Refund Policy (here) (insert link).

6.1 User Content

By providing User Content in whatever form and through whatever means, you agree to the following terms:-

(a) That you grant GoWaus a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit your User Content without limitation;

 

(b) That you are solely responsible for all User Content that you provide and warrant that you either own it or are authorized to grant GoWaus the rights described in these Terms;

 

(c) That you are solely responsible and liable if any of your User Content violates or infringes the intellectual property, trade secret, privacy or other proprietary rights of any other User or third party and that you shall hold GoWaus harmless from all claims, causes of action, losses, damages, costs, expenses and judgments arising from the removal of your User Content pursuant to or in relation to any infringement of any of the aforementioned rights;

 

(d) That your User Content must be true and accurate, and shall not contain any discriminatory, offensive, racially ethnically or otherwise objectionable, indecent, obscene, harmful, harassing, threatening, abusive, hateful, deceptive, violent, vulgar, alarming, distressing, disrespectful, defamatory, invasive of another’s privacy, illegal and/or otherwise objectionable content or language that violates these Terms or any of our Policies;

 

(e) That you shall not post any User Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

 

(f) That your User Content shall not feature an unsupervised minor;

 

(g) That your User Content shall not impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;

 

(h) That GoWaus may make available services or automated tools to translate User Content and that your User Content may be translated using such services or tools. GoWaus does not guarantee the accuracy or quality of translations and you are responsible for confirming the accuracy of such translations; and

 

(i) That GoWaus reserves the right to remove any User Content which does not comply with these Terms or any of our Policies.

6.2 Reviews

Customers will have an opportunity to post a review after the completion of any stay at an Accommodation or participation in an Activity. You acknowledge and agree that any reviews posted on the Platform are not verified by GoWaus as being true or accurate and may be incorrect or misleading. You hereby agree that GoWaus will not be liable for and that you shall hold GoWaus harmless from any claims, causes of action, losses, damages, costs, expenses and judgments arising from false or inaccurate reviews.

6.3 Sharing Videos from YouTube

GoWaus allows you to share videos from YouTube on the Platform and by sharing such videos, you hereby agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).

6.4 Sole Responsibility of Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not GoWaus, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available through the Platform. By using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will GoWaus 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 as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.

6.5 Sole Discretion to Pre-Screen Content

You acknowledge that GoWaus shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any User Content posted by you that is available on the Platform without any liability to you. Without limiting the foregoing, GoWaus and its designees shall have the right to remove any User Content (i) that violates these Terms; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Platform as part of our effort to protect the Platform, the Services or our Users, or otherwise enforce the provisions of these Terms. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content in all parts of the Platform.

6.6 Reporting Infringement of Intellectual Property Rights

If you believe that any Content or User Content on the Platform infringes intellectual property rights or privacy rights, please notify us in writing at [email protected]  and provide us the following information and documents:

(a) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights;

 

(b) a description of the nature of alleged infringement with sufficient details to enable GoWaus to assess the complaint;

 

(c) the Uniform Resource LocatorURL(s) of the Content(s) or Listing(s) which contain the alleged infringement;

 

(d) sufficient information to allow GoWaus to contact you, such as your physical address, telephone number and e-mail address;

 

(e) a statement by you that the complaint is filed on good faith belief and that the use of the intellectual property as identified by you is not authorised by the owner of the intellectual property right or the law; and

 

(f) a statement by you that the information in the notification is true and accurate, that you will indemnify us for any losses or damages we may suffer as a result of the information provided by you and that you have the appropriate right or are authorised to act on behalf of the owner of the intellectual property right in all matters relating to the complaint.

7.1 User Covenants

By using or accessing the Platform and/or Services, you agree:

 

(a) to not use the Platform and/or the Services (or help or induce others):

(i) to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity;

(ii) to harm minors in any way;

(iii) to manipulate the price of any Accommodation or Activity or interfere with other User’s Listings;

(iv) in a manner which will infringe the intellectual property rights of GoWaus or other Users or third parties;

(v) in a manner which is fraudulent, unconscionable, false, misleading or deceptive;

(vi) for the benefit of any third party or any manner not permitted by the licenses granted herein;

 

(b) to not scrape, hack, reverse engineer, compromise or impair the Platform:

(i) by using bots, crawlers, scrapers or other automated means to access or collect data or other Content from or otherwise interact with the Platform;

(ii) by hacking, avoiding, removing, impairing or otherwise attempting to circumvent any security or technological measure used to protect the Platform or Content;

(iii) by deciphering, decompiling, disassembling, reverse engineering or hacking the Platform or any part thereof including any of the software or hardware used to provide the Platform;

(iv) by not engaging in any practices that are intended to manipulate our search algorithm or that may undermine the feedback or ratings systems;

(v) by not using, copying, displaying, mirroring or framing the Platform, any Content, any GoWaus branding, or any page layout or design without our consent; and

(vi) by taking any action that could damage or adversely affect the performance or proper functioning of the Platform;

 

(c) to only use the Platform as authorized by these Terms:

(i) by using Content made available through the Platform solely as necessary to enable your use of the Platform as a Customer or Host;

(ii) by using another User’s personal data or information only as necessary to facilitate a transaction using the Platform as authorized by these Terms;

(iii) by not selling, sharing or using User’s personal data or contact information for marketing communications;

(iv) by not using the Platform, our tools or Users’ personal information to send commercial messages without the recipient’s express consent;

(v) by not using another User’s personal data to violate his or her privacy or to stalk or otherwise harass another;

(vi) by not using any Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us;

(vii) by not requesting, making or accepting a booking or any payment outside of the Platform to avoid paying fees, taxes or for any other reason; and

(viii) by not requiring or encouraging Customers to open an Account, leave a review or otherwise interact, with a third-party website, application or service before, during or after a booking, unless authorized by GoWaus;

(ix) by not using the Platform or Services to intentionally or unintentionally violate any laws including but not limited to laws relating to anti-money laundering, counter-terrorism or human trafficking;

 

(d) to honour your legal obligations:

(i) by booking an Accommodation or Activity only if you are actually using the Accommodation or Activity;

(ii) by not offering Accommodation or Activity that violates the laws or agreements that apply to you;

(iii) by understanding and following the laws, rules, regulations and the like that apply to you, your Accommodation or your Activity;

(iv) by understanding and following privacy and data protection laws and if you provide us with another person’s personal information, you must do so in compliance with such laws, must be authorized to do so, and authorize us to process that information under our Privacy Policy;

(v) by not using the name, logo, branding, or trademarks of GoWaus or others without permission;

(vi) by not organizing or facilitating unauthorized parties or events during your booking;

(vii) by not using or registering any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with the GoWaus branding;

(viii) by not offering or soliciting prostitution or participating in or facilitating human trafficking;

 

(e) to not take people off the Platform for new, partial or future bookings:

(i) by contacting potential customers prior to booking on the Platform to move the booking off of the Platform (e.g.: offering discounts to book off of the Platform);

(ii) by cancelling existing bookings and having Customers rebook off of the Platform;

(iii) by directing or encouraging another User to conduct a transaction other than on the Platform;

(iv) by asking Customers to fill out forms, or call, email or otherwise contact you via a non-GoWaus communications service prior to completing a booking;

(v) by asking or encouraging Customers to book outside of the Platform for repeat or future bookings; and

(vi) by including links or embedding buttons (ex: footers, headers) that take people off of the Platform to another website in any messages to Customers.

7.2 Reporting Violations

You acknowledge and agree that GoWaus may or may not pre-screen Users and cannot control the behaviour of any User and cannot ensure that Users will actually complete a booking. If you believe that a User, Listing or Content has violated our Terms or Policies, you should report your concerns to GoWaus. If you believe that a User, Listing or Content poses an imminent risk of harm to any person or property, you should immediately contact local authorities before contacting GoWaus and if you report an issue to local authorities, GoWaus may request a copy of that report. Except as required by law, you agree that we are not obligated to take any action in response to any report.

8.1 Term

The agreement between you and GoWaus as reflected by these Terms is effective when you access or use the Platform and/or Services or open an Account and remains in effect until either you or GoWaus terminate the agreement in accordance with these Terms.

8.2 Termination by Users

You may terminate this agreement at any time by deleting your Account through the settings on the Platform and discontinuing any access to and use of the Platform or Services.

8.3 Termination by GoWaus

 

GoWaus may terminate this agreement and your Account for any reason by giving you thirty (30) days’ notice via email, the Platform or through any other contact information you have provided for your Account. Notwithstanding, you agree that GoWaus may also, without notice or liability, immediately terminate this agreement or your Account and stop providing you access to the Platform on the following grounds (actual or suspected):

(a) Your Account has been inactive for more than two (2) years;

(b) You register or maintain multiple Accounts;

(c) You cancel five (5) or more bookings within a year;

(d) You breach these Terms or violate any of our Policies;

(e) You violate the letter or spirit of these Terms;

(f) You violate applicable laws;

(g) You commit anything or display any behaviour that is harmful, illegal, fraudulent, harassing, defamatory, threatening or abusive towards GoWaus (including the business interests of GoWaus), other Users or third parties; or

(h) We reasonably believe that termination is necessary to protect GoWaus, its Users, or third parties.

8.4 Other Measures

 

For minor violations or where otherwise appropriate, GoWaus may, with or without prior notice and as determined in its sole discretion:

(a) suspend or limit your access to or use of the Platform, Services and/or your Account;

(b) suspend or remove your Listings or User Contents;

(c) cancel pending or confirmed bookings whereby the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Customer, and by any other costs we incur as a result of the cancellation;

(d) temporarily or in more serious cases permanently withhold any payment to Host or refunds; and/or

(e) take any other action that GoWaus deems necessary.

8.5 Legal Mandates

GoWaus may take any action it determines is reasonably necessary to comply with applicable laws or the order or request of a court, law enforcement, or other administrative agency or governmental body.

8.6 Effect of Termination

If you are a Host and terminate your Account, any confirmed bookings will be automatically cancelled and your Customers will receive a full refund. If you are a Customer and terminate your Account, any confirmed bookings will be automatically cancelled and any refund will depend upon our Cancellation and Refund Policy. When these Terms have been terminated, you are not entitled to a restoration of your Account or any of your User Content. If your access to or use of the Platform has been restricted or your Account has been suspended, or these Terms have been terminated by us, you may not register for a new account or access or use the Platform through the Account of another User.

8.7 Survival

Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including but not limited to Clauses 1 through 12.

9.1 GoWaus’s Role

GoWaus offers a platform that enables Users to publish, offer, search for and book Accommodations and Activities. While we work hard to ensure our Users have great experiences using GoWaus, we do not own, control, offer or manage any Listings, Accommodations or Activities and we do not and cannot control the conduct of Customers and Hosts. GoWaus is not a party to any contract concluded between Hosts and Customers, nor is GoWaus a real estate broker or insurer, and accepts not obligations in connection with any such contract. Hosts and Customers will be entirely responsible for the contract between them, any Listing, warranty and the like. You acknowledge that GoWaus has the right, but does not have any obligation, to monitor the use of the Platform and verify information provided by our Users. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that do not meet quality and eligibility criteria. Users acknowledge and agree that GoWaus administers its Policies, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Users agree to cooperate with and assist GoWaus in good faith, and to provide GoWaus with such information and take such actions as may be reasonably requested by GoWaus with respect to any investigation undertaken by GoWaus regarding the use or abuse of the Platform. GoWaus is not acting as an agent for any User except for where GoWaus acts as a collection agent solely for the limited purpose of accepting and processing funds on the Host’s behalf from Customers purchasing an Accommodation or Activity.

9.2 Disclaimer of Warranties

 

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE PLATFORM, THE SERVICES AND ALL CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOWAUS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

(A) THE MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PLATFORM, THE SERVICES AND ANY CONTENT AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES;

(B) THE PERFORMANCE, QUALITY, SAFETY OR NON-INTERRUPTION OF THE PLATFORM AND/OR SERVICES;

(C) THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, DESCRIPTION, MERCHANTABILITY, LEGALITY OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY HOST, CUSTOMER, ACCOMMODATION, ACTIVITY, LISTING OR THIRD PARTY;

(D) THE ACCURACY, AUTHENTICITY, INTEGRITY OR QUALITY OF ALL CONTENT, SITES OR RESOURCES AVAILABLE TO AND FROM THE PLATFORM INCLUDING, BUT NOT LIMITED TO, ANY GUARANTEE THAT THE CONTENT, SITES OR RESOURCES ARE FREE FROM SOURCE MATERIAL THAT IS MALICIOUS, INDECENT, OR CONTROVERSIAL; AND

(E) THE ACCURACY OF ANY VERIFICATION, IDENTITY OR BACKGROUND CHECKS CONDUCTED ON ANY USER, ACCOMMODATION, ACTIVITY OR LISTING (IF ANY) OR THAT SUCH CHECKS WILL IDENTIFY PAST MISCONDUCT OR PREVENT FUTURE MISCONDUCT.

IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9.3 Limitations on Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOWAUS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS) OR OTHERS INVOLVED IN CREATING, MANAGING, SPONSORING, PROMOTING OR OTHERWISE MAKING AVAILABLE THE PLATFORM, THE SERVICES AND ANY CONTENT BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, INCONVENIENCE , STRESS, DISTRESS, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE ACCOMMODATION OR ACTIVITY, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE PLATFORM OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE ACCOMMODATION OR ACTIVITY AS MADE AVAILABLE ON THE PLATFORM), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE PLATFORM OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, ANY USE, DELAY OR INABILITY TO USE THE PLATFORM, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE PLATFORM; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO A HOST, CUSTOMER OR GUEST, THE ACCOMMODATION OR ACTIVITY (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT GOWAUS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

EXCEPT FOR OUR OBLIGATION TO TRANSMIT PAYMENTS TO HOSTS UNDER THESE TERMS, IN NO EVENT WILL GOWAUS’S AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR INTERACTION WITH ANY USERS, OR YOUR USE OF OR INABILITY TO USE THE PLATFORM, ANY CONTENT, OR ANY ACCOMMODATION OR ACTIVITY, EXCEED: (A) TO CUSTOMERS, THE AMOUNT YOU PAID AS A CUSTOMER DURING THE 3-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, (B) TO HOSTS, THE AMOUNT PAID TO YOU AS A HOST IN THE 3-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (C) TO ANYONE ELSE, ONE HUNDRED MALAYSIAN RINGGIT (RM100.00). THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND GOWAUS. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND IN SUCH A CASE, GOWAUS SHALL BEAR THE LIABILITY TO THE EXTENT SET FORTH IN THE RELEVANT LAWS.

9.4 Indemnification

 

To the maximum extent permitted by law, you agree to release, defend (at GoWaus’s option), indemnify and hold GoWaus (including GoWaus’s affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, costs and expenses, including, without limitation, legal and accounting fees, arising out of or in any way connected with:

(a) your breach of these Terms or our Policies;

(b) your improper use of the Platform and/or Services;

(c) your interaction with any User, your provision of, stay at or participation in an Accommodation or Activity (including your Guest’s stay or participation) including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, provision, stay or participation;

(d) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or

(e) your breach of any laws, regulations or third-party rights including but not limited to intellectual property or privacy rights.

9A.1      Vaccination Against COVID-19

You shall ensure that you as well as your Guests, family members, co-host, employee, support staff, agent or any third party staying at an Accommodation or participating in an Activity or that you otherwise physically allow to be present at an Accommodation or Activity and/or to have direct contact with any Users or other third party (“persons under your care or supervision”) have been fully vaccinated against coronavirus disease 2019 (“COVID-19”). You and the persons under your care or supervision must have received full COVID-19 vaccination with the final dose given at least twenty-one (21) days prior to the time and date on which a Customer is due to arrive at an Accommodation or begin an Activity as stated in the Booking Confirmation (“Check-In Time”). You agree that you may be requested by GoWaus or the Host or Customer, as the case may be, to provide proof of vaccination before or upon Check-In Time or at any time during a stay at an Accommodation or participation in an Activity.

9A.2      Compliance With COVID-19 Standard Operating Procedures

You shall fully comply with and ensure the full compliance of all persons under your care or supervision with all applicable COVID-19 standard operating procedures, rules, regulations, guidelines or the like as laid out by the Ministry of Health, Malaysia or any other relevant authority. This may include, but is not limited to, ensuring the proper usage of face masks and ensuring social/physical distancing.

9A.3      Acknowledgment Regarding COVID-19

By providing, hosting, staying at or participating in an Accommodation and/or Activity, you agree that there are inherent risks to your health and safety or the health and safety of any persons under your care or supervision associated with physical presence at the Accommodation or Activity. Risks include, but are not limited to, the possibility of you or any persons under your care or supervision contracting COVID-19, variants of COVID-19 and other communicable diseases (collectively “Diseases”) any of which can result in unforeseen impacts on your health or the health of the persons under your care or supervision, and, in some cases, death. You acknowledge that the decision to provide, host, stay at or participate in an Accommodation or Activity is voluntarily and solely within your discretion or the discretion of the persons under your care or supervision and that GoWaus does not and cannot prevent the spread of such Diseases. You agree not to provide, host, stay at or participate in an Accommodation or Activity or otherwise allow any persons under your care or supervision to be physically present at an Accommodation or Activity if you or such persons feel ill, test positive for COVID-19, have had close contact with someone who tested positive for COVID-19 or exhibit symptoms of COVID-19.

9A.4      Assumption of Risks Associated with COVID-19

You acknowledge and assume the inherent risks associated with the COVID-19 Acknowledgment in Clause 9A.3 above. You and all persons under your care or supervision hereby knowingly and voluntarily release GoWaus and without limitation, its officers and employees, waive all claims of liability and damages either at law or in equity, to the fullest extent permissible by law, that could be brought against GoWaus and relinquish all rights to bring any claim or recover any damages against GoWaus associated with illness, injury or death  in connection with exposure or infection with such Diseases arising out of the providing, hosting, staying at or participation in or otherwise physical presence at an Accommodation or Activity, regardless of any action, inaction, or fault on the part of GoWaus.

10.1 Personal Data

Your privacy is very important to us at GoWaus and we are committed to respecting and protecting your privacy and the personal data that you provide to us and/or we collect. Please review our Privacy Policy here , which is incorporated and forms part of these Terms, to understand how GoWaus collects, uses, discloses and/or processes your personal data or information.

10.2 Users in Possession of Another User’s Personal Data

 

Users in possession of another User’s personal data or information through the use of the Platform or Services hereby agree that they will:

(a) comply with all applicable privacy and personal data protection laws with respect to any such data or information including but not limited to the Personal Data Protection Act 2010;

(b) allow the User whose personal data or information has been collected to remove his or her data or information so collected from the database of the User in possession of that personal data or information in compliance with and where required by applicable laws; and

(c) allow the User whose personal data or information has been collected to review what data or information has been collected about them in compliance with and where required by applicable laws.

10.3 Compliance by Hosts with Privacy Laws

 

Notwithstanding anything set forth herein, Hosts shall comply with all applicable privacy and personal data laws and, in respect of any Customer’s personal data received from GoWaus:

(a) Hosts are not permitted to use such Customer’s personal data or their Guests’ without the Customers’, Guests’ and GoWaus’s prior written consent except as reasonably necessary to respond to Customers’ enquiries and to carry out respond to, process, deal with or complete a booking;

(b) Hosts should refrain from contacting Customers using such information outside of the Platform;

(c) Hosts are not permitted to disclose Customers’ or their Guests’ personal data to any unauthorized third parties without the Customers’, Guests’ and GoWaus’s prior written consent;

(d) Hosts shall employ sufficient security measures to protect each User’s personal data in their possession and to delete such data as soon as reasonably possible upon completion of a stay at an Accommodation or participation in an Activity; and

(e) Hosts shall inform GoWaus in the event of any suspected, potential, breach or loss of personal data.

11.1 Incorporation of Other Terms

Our Privacy Policy, Cancellation and Refund Policy, and other supplemental terms and policies linked to in these Terms (collectively “Policies”) apply to your use of the Platform and/or Services and are incorporated by reference and form part of these Terms and your agreement with GoWaus. In addition to these Terms, specific terms of service are applicable to Hosts (“Host Terms”) and these Host Terms will be made available to you before you register an Account and/or start using the Platform or any Services as a Host.

11.2 Modification of Terms

GoWaus reserves the right to change, modify, add and delete these Terms at any time. If we modify these Terms, we will post the revised Terms on the Platform and update the “Last Updated” date at the top of these Terms. Please check these Terms every time you use the Platform to ensure that you have reviewed the current version. We will also provide you with notice of any material changes at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Platform and/or Services will constitute acceptance of the revised Terms.

11.3 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Malaysia without regard to the principles of conflicts of law. You and GoWaus submit to the exclusive jurisdiction of the courts or tribunals of Malaysia, and you waive any objections on the ground of venue or forum non-conveniens or any similar grounds.

11.4 Entire Agreement

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those terms and policies incorporated by reference) constitute the entire agreement between you and GoWaus pertaining to your access to or use of the Platform and Services and supersede any and all prior oral or written understandings or agreements between you and GoWaus.

11.5 Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable under the law, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

11.6 Non-Waiver

No failure or delay on the part of any party hereto to enforce any right, remedy or provision in these Terms shall constitute a waiver of such right, remedy or provision unless acknowledged and agreed to by the other party in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its rights or remedies under these Terms will be without prejudice to its other rights or remedies under these Terms or otherwise permitted under law.

11.7 Assignment

You may not assign, transfer or delegate this agreement or your rights and obligations under these Terms without GoWaus’s prior express written consent. GoWaus may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with thirty (30) days’ prior notice.

11.8 Notices

Unless specified otherwise, any notices or other communications to Users by GoWaus permitted or required under these Terms will be provided electronically and given by GoWaus via email, Platform notification, messaging service (including Short Message Service (SMS) and WhatsApp), or any other contact method we enable and you provide.

11.9 Force Majeure

GoWaus shall not be liable for any non-performance or violation of these Terms including but not limited to transaction failure, any delay or failure to perform, restricted access to the Platform or any damage or loss or harm to Users resulting from events or causes beyond its reasonable control, including, but not limited to, Acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials. GoWaus shall not be responsible for any damages or losses caused by any means to any party because of the Force Majeure Event.

If you have any questions, concerns, complaints or grievances about these Terms or your dealings with the Platform or Services, please do not hesitate to contact us at:

Phone number:

+6017-348 4536 (during working hours 9.00 a.m. to 5.00 p.m. (GMT +8), Monday to Sunday)

Complaints:

[email protected]

Bookings (cancellation/ refund etc.) :

[email protected]