Vacay XP (VXP) Terms and Conditions of Use (v1.07)
VACAY XP (VXP) IS A BRAND AND CORPORATE IDENTITY OWNED AND OPERATED BY
ATHENA HM SDN BHD.
VACAY XP (VXP) AND ATHENA HM SDN BHD PROVIDES THIS WEBSITE / MOBILE APP (THE “SITE” AND “MOBILE APP”) TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE “TERMS”). “MEMBERS” REFER TO GENERAL REGISTERED USERS (“TOURISTS” OR “TRAVELERS”) AND HEREIN REFERRED TO AS “MEMBERS”. ITEM & SERVICE PROVIDERS SUCH AS “PASSIONATE LOCALS”, “LOCAL PRIVATE TOUR GUIDES”, “TOURIST GUIDES”, “TOUR GUIDES” AND “OPERATORS OF ESTABLISHMENTS SERVING THE TOURIST INDUSTRY” INCLUDING “ACCOMMODATION SERVICE PROVIDERS”, “TRANSPORTATION SERVICE PROVIDERS”, “FOOD & BEVERAGE (F&B) OPERATORS”, “ITEM & SOUVENIR MERCHANTS”, “LAUNDRY AND CLEANING SERVICE OPERATORS”, “RECREATION SERVICE PROVIDERS”, “PHOTOGRAPHY, AUDIO AND VIDEO SERVICE PROVIDERS” AND “OTHER SERVICE & MERCHANT OPERATORS DIRECTLY OR INDIRECTLY LINKED TO THE TOURISM INDUSTRY” (ALL OF WHICH HAVE THE SAME MEANING THROUGHOUT THIS SITE / MOBILE APP, HEREIN REFERRED TO AS “GENERAL SERVICE PROVIDER” OR “GSP”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE / MOBILE APP. BY ACCESSING OR USING THIS WEBSITE / MOBILE APP, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND ALL CONDITIONS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, DO NOT USE THIS WEBSITE / MOBILE APP.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with VXP or its affiliates for products, services or otherwise. VXP reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site / Mobile App, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site / Mobile App, and your continued use of the Site / Mobile App will constitute your acceptance of such changes or modifications. You should review the Terms and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site / Mobile App. If you do not agree to any amended terms, you must stop using the Site / Mobile App.
You must be eighteen (18) or over to register as a Member and/or use the Website / Mobile App and/or the Service. Membership in the Service is void where prohibited. By using the Website / Mobile App and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions herein. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your Membership may be terminated without warning and you may be barred from any future use of the Website / Mobile App and/or the Service if you provide any information that is untrue, inaccurate, not current, or incomplete, including but not limited to misrepresenting your age, or if VXP has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Your Membership is solely for your personal use, and you agree not to authorize others to use your Membership account, including but not limited to your profile. You are solely responsible for all content published or displayed through your Membership account, including but not limited to e-mail messages, and for your interactions with other Members. VXP reserves the right to refuse or revoke Membership to anyone at any time for any reason resulting in the loss of ownership for said member.
3. Ownership and Copyright
Except as otherwise indicated, the Site / Mobile App, and all text, images, marks, logos and other content contained herein, including, without limitation, the VXP logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Site / Mobile App Content”) are the proprietary property of Athena HM Sdn Bhd. Hence, the use of any robot, spider, site / mobile app search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the site / mobile app or any Site / Mobile App Content is prohibited.
The VXP logo and all other product or service names or slogans displayed on the Site / Mobile App are registered and/or common law trademarks of VXP, and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of VXP or the applicable trademark holder. In addition, the look and feel of the Site / Mobile App, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of VXP and may not be copied, imitated or used, in whole or in part, without the prior written permission of VXP. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by VXP.
5. GSP usage
VXP assumes no responsibility for incorrect information obtained from any of the GSPs registered on the website: vacayxp.com / mobile app; any delay, changes in his/her schedule, strikes, injury, weather, fire, theft, quarantine, medical or customs regulations and similar act or incident beyond its ability to control. VXP is not responsible for any arrangements made between you and the GSP in the country you visit.
6. Pricing Terms and Conditions
This section relates only to booking a GSP on the website: vacayxp.com / mobile app. Pricing is set by the GSP directly and not by VXP. The GSP can choose a base currency of payment in MYR as of now. We will consider accepting SGD, EUR, GBP, CAD, AUD or USD in future. All transactions must be paid in full once the booking is confirmed through VXP’s payment system.
Here’s how VXP processes payments:
- VXP charges Travelers when the reservation is confirmed.
- VXP proceeds with a payout to the corresponding GSP on the 14th and 28th of the corresponding calendar month once the Traveler receives the mentioned product / service.
Using VXP’s payment system is required to make a reservation, and it helps ensure that both parties are protected under our Terms of Service, cancellation policies and Traveler Refund Policy.
7.1 Payment to Content Providers (VXP Virtual Tour Assistant)
- All GSPs under this scheme are paid RM3 for every paid download.
- VXP proceeds with a payout to the corresponding GSP on the 14th and 28th of the corresponding calendar month once the Traveler receives the mentioned product / service.
- As the content provided is considered intellectual property, the corresponding GSP is entitled to receive payments perpetually for every paid download for a period not exceeding 60 years from the date of contractual commencement with VXP. The GSP is further entitled to extend this privilege to his/her nominated next of kin.
Payouts to GSP
To check the status of your payout, visit your Transaction History. Once VXP has sent your payout, a “Payout” notification item appears for that reservation. It may take up to a week for your payment processor to complete the transaction after VXP releases the funds.
Payments from Travelers
You’ll be charged for the total cost of your reservation when it’s confirmed. Reservation requests are confirmed when they’re accepted by the corresponding GSP.
8. What will my GSP payout be?
Your payout will be the listing price minus the 20% commission fee. Your Traveler pays the cost of your listing. Example: Your tour is listed as RM500, as the GSP, you will get a payout of RM400, VXP will retain the RM100 commission.
Here are some common things that may impact the amount of your payout:
- Our system only processes whole numbers and rounds to the nearest whole value.
- Depending on the country of residence of the GSP or the Traveler, Value Added Tax (VAT) on the service fees may be included as an additional amount over and above the total VXP service fee.
To change the price of an accepted reservation, you will need to change the reservation with your Traveler.
9. Traveler Refund Policy:
All GSPs listed on the VXP platform should meet minimum quality standards regarding safety, access, and customer satisfaction and they should be consistent with the description provided by said GSP on their online profile at: vacayxp.com. If a Traveler who books and pays for a Tour or a Travel Guide Service suffers a ‘Travel Issue’ because the Service does not meet VXP standards, the Traveler may be eligible for a refund in accordance with the Traveler Refund Policy and the corresponding GSP can be penalised to the extent of the cost incurred by the Traveler.
VXP will (at our discretion) either provide the Traveler with a refund or use reasonable efforts to find and book the Traveler at another comparable GSP for any unused credits left in the reservation. The amount of any refund will depend on the nature of the Travel Issue suffered.
A valid ‘Travel Issue’ generally falls into three categories, (1) the GSP cancels a reservation 72 hours or less before the scheduled start of the reservation, or fails to provide the required Traveler services, (2) the description of the Travel Guide Service in the listing on the Site / Mobile App is materially different from the actual service (such as the Language, Transport Type etc.), or (3) the GSP did not show up as scheduled.
To submit a valid claim for a refund, a Traveler is required (a) to bring the Travel Issue to our attention within 24 hours after the start of the reservation (including photographs or other evidence) by emailing VXP at: email@example.com and furthermore to respond to our requests for information or cooperation, (b) not have directly or indirectly caused the Travel Issue and (c) to have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the GSP prior to making a claim for a Travel Issue.
10. What is a cancellation policy?
Cancellation policies are the conditions under which a GSP will return (or doesn’t return) money to a Traveler if the Traveler cancels the reservation. VXP enforces these policies to protect both Traveler and GSP alike.
Each listing on VXP has the same cancellation policy in which Travelers will be able to get a full refund 30 days or more prior to departure. An administrative charge of RM30 will be levied for any confirmed cancellation. Travelers must agree to the GSP’s cancellation policy when submitting a reservation request.
For accepted reservations, the cancellation policy is in your itinerary. Travelers who cancel their reservation are refunded accordingly:
- Any VXP service fee, if applicable is non-refundable.
- A tour reservation may be officially canceled when the traveler emails VXP at: firstname.lastname@example.org requesting a cancellation within the allocated cancellation window of 30 days or more prior to departure in order to qualify for a full refund.
- If notice of the cancellation is received 29 days or less before the date of departure, the following charges will apply for cancellations received:
15 – 29 days before the date of departure = 20% of tour fare
8 – 14 days before the date of departure = 40% of tour fare
3 – 7 days before the date of departure = 60% of tour fare
2 days or less before the date of departure = 100% of tour fare
- Any respective airlines cancellation policy shall apply in addition to the cancellation charges as set out above by VXP (Note: An airline ticket is restricted and subject to the prevailing Airline’s Terms and Conditions. It may be non-endorsable, non-re-issuable, non-refundable and non-reroutable. Any alteration in routing or change of date of travel by any Traveler is solely at their own risk. VXP or its associated GSPs shall not be held responsible for any inconvenience caused and extra expenses incurred.
- Cancellation policies may be superseded by the Traveler Refund Policy, safety cancellations, or extenuating circumstances such as an ‘Act of God’, war, strike, riot or direct order from the Malaysian Government etc. Please review these exceptions.
- Any applicable taxes will be retained and remitted to the prevailing govt. authorities concerned.
11. GSP cancellation:
If a GSP needs to cancel a reservation (subject to a valid reason), Travelers will be allocated a replacement GSP. VXP will evaluate the situation and has the final say in all disputes.
How do the cancellation penalties work?
Because cancellations can have serious implications on a Traveler’s trip, there are penalties that will be applied for all GSP cancellations.
If you cancel any reservation within 7 days of arrival, you’ll be charged a RM100 fee per cancellation. Additionally, if you cancel any reservation within a six-month period, you’ll be charged RM50 per cancellation.
We’ll automatically deduct any applicable cancellation fees from your next payout.
An automated review will be posted to your listing’s profile indicating that you canceled one of your reservations. We encourage you to publicly respond to clarify why you needed to cancel.
12. Item & Souvenir Sales on our eCommerce website
This includes all items sold directly from our eCommerce site: eshop.vacayxp.com. F&B items do not carry any warranty. F&B items listed on our eCommerce site will state the expiration date. Travelers are required to check the expiry dates of said F&B items before purchase.
Souvenirs and other items do not carry any warranty and are sold as per the item photo description. If the item is delivered in a damaged condition, VXP will intervene and subject the GSP or the logistics service provider to provide a suitable replacement, compensation or refund. VXP is the final mediator in all disputes between the Traveler, GSP and the logistics service provider.
13. Item & Souvenir Sales at Tour Location
This only includes all items sold directly from our GSPs at the location concerned. Travelers are advised to request proof of membership of our GSPs at all times. F&B items do not carry any warranty, Travelers are required to check the expiry dates of said F&B items before purchase. Souvenirs and other items do not carry any warranty and are sold as displayed. Travelers are required to verify the item is in an acceptable condition before purchase. Travelers can request items to be delivered to their home country if so required. The full logistics cost of said delivery will be borne by the Traveler. If the item is delivered in a damaged condition, VXP will intervene and subject the GSP or the logistics service provider to provide a suitable replacement, compensation or refund. VXP is the final mediator in all disputes between the Traveler, GSP and the logistics service provider.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site / Mobile App for noncommercial purposes, provided such link does not portray VXP or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site / mobile app does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You are prohibited to use any VXP logo or other proprietary graphic of VXP to link to the Site / Mobile App without the express written permission of VXP. Further, you may not use, frame or utilise framing techniques to enclose any VXP trademark, logo or other proprietary information, including the images found at the Site / Mobile App, the content of any text or the layout/design of any page or form contained on a page on the Site / Mobile App without VXP’s expressed written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any trademark, copyright or proprietary right of VXP or any third party. Nothing contained on the Site / Mobile App may be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, copyright or other proprietary right of VXP or any third party without the prior written permission of VXP or such other party that may own such trademark, copyright or other proprietary right(s).
15. Content posted on VXP
(a) You understand and agree that VXP may review, modify, or delete, without notice any data, text, software, music, sound, message, photograph, graphic, image, video, profile, blog, review, information, comment, work of authorship, or other material or expression (collectively, “Content”), whether posted publicly or posted privately to other Members, that in the sole judgment of VXP violates these Terms, such as being offensive, indecent, or illegal, or might harm, violate the rights, or threaten the safety of any person. VXP is the final arbiter of what is and is not allowed on the Website / Mobile App.
(b) You are solely responsible for the Content that you publish, transmit, upload, communicate, or display on the Website / Mobile App and/or through the Service, whether posted publicly or posted privately to other Members. You understand that VXP has no obligation to monitor the Website / Mobile App, or monitor, control or edit the Content thereon, or monitor any use of the Service by Members, or remove inappropriate Content. VXP is not responsible in any way for the Content posted by Members on any area of the Website / Mobile App, including but not limited to Profiles, Passion Groups, Reviews, Blogs, Albums, and messages, or otherwise posted through the Service. By posting Content on the Website / Mobile App and/or through the Service, you agree to bear all risks associated with the accuracy and completeness of such Content.
(c) If you post Content to any public area of VXP, you automatically grant to VXP an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to use, reproduce, publicly perform, display, modify, adapt, distribute, access, view, store, prepare derivative works of, incorporate into other works, and/or otherwise exploit such content, or any part thereof, including but not limited to any copyrighted material, and your name, image, and likeness, for any purpose and in any form, media, or technology now known or later developed, including but not limited to featuring such Content, name, image, or likeness on the VXP website (vacayxp.com) or any other page of the Website / Mobile App, or in any marketing, promotional materials or advertisements for VXP, and to grant and authorise sublicenses of the foregoing (the “License”). You further agree to permit anyone to access, display, view, store and reproduce such Content for personal use. By posting any information about or photographs or images of yourself on the Website / Mobile App and/or through the Service, you thereby waive any rights of privacy or publicity to such information, photographs, or images.
(d) You further represent and warrant that:
- You exclusively and irrevocably own the Content posted by you on the website / mobile app and/or through the Service or otherwise have the right to grant the License set forth in this section; and
- any Content posted by you on the website / mobile app and/or through the Service does not violate or infringe the privacy rights, copyright, trademarks, moral rights or other intellectual property rights, or proprietary rights of any person or entity. You agree to pay all royalties, fees, and other monies owing to any person or entity by reason of any Content that you post on the website / mobile app and/or through the Service.
(e) The following is a partial list of the kind of Content that you are prohibited from posting on the website / mobile app and/or through the Service. VXP reserves the right to investigate and take appropriate legal action against anyone who, in VXP’s sole discretion, violates this provision, including but not limited to removing the offending Content from the Website / Mobile App and terminating the Membership of such violators. Prohibited Content includes but is not limited to Content that, in VXP’s sole discretion:
- is vulgar, profane, abusive or indecent;
- contains nudity, violence, or offensive subject matter;
- is patently offensive to the online community, including but not limited to Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or cruelty to animals;
- exploits people in a sexual or violent manner;
- threatens, harasses, or advocates harassment of another person;
- invades another person’s privacy;
- involves the transmission of “junk mail,” “chain letters, “unsolicited mass mailing” or “spamming”;
- promotes illegal or unauthorised copying of another person’s or entity’s copyrighted work, including but not limited to providing pirated computer programs or links thereto, providing information to circumvent manufacture-installed copy-protect devices or digital rights management software, or providing pirated music or videos or links thereto;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page of the Website / Mobile App);
- exploits people under the age of eighteen (18) in a sexual, violent, or otherwise objectionable manner, or solicits personal information from anyone under the age of eighteen (18);
- involves pornographic or sexually explicit material of any kind, including but not limited to sexually suggestive imagery or language; or
- promotes, furthers, or provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
Notwithstanding the prohibition on the content listed above, you might become exposed to such information or material, in which event, you agree to hold harmless and covenant not to sue VXP or it’s owners, partners or subsidiaries for any such exposure and/or any injuries based thereon.
(f) VXP reserves the right to disclose any Content posted on the Website / Mobile App and/or through the Service as necessary to satisfy any applicable law, regulation, legal process or governmental request.
16. Advertisements and Promotions
VXP may run advertisements and promotions from third parties on the Site / Mobile App. Your business dealings or correspondence with, or participation in promotions of advertisers other than VXP and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. VXP is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site / Mobile App.
17. Copyright Complaints
If you believe that material posted on the Site / Mobile App infringes upon any copyright that you own or control, or that any link on the Site / Mobile App directs users to another Website / Mobile App that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site / Mobile App, electronic mail to a user’s email address as per our records.
18. Member Disputes
You are solely responsible for your interactions with other VXP Members and other local personal GSPs. VXP reserves the right, but has no obligation, to monitor disputes between you and other Members and take appropriate action if VXP, in its sole discretion, finds any violation of these Terms or other improper conduct.
19. Disclaimer and Limitation of Liability
You agree that your use of the VXP website / mobile app shall be at your sole risk. To the fullest extent permitted by law, VXP, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website / mobile app and your use thereof. VXP makes no warranties or representations about the accuracy or completeness of this site’s / mobile app’s content or the content of any sites / mobile apps linked to this site / mobile app and assumes no liability or responsibility for:
(a) errors, mistakes, or inaccuracies in Content;
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website / mobile app and from local personal GSPs;
(c) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(d) any interruption or cessation of transmission to or from our website / mobile app;
(e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website / mobile app by any third party;
(f) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the VXP website / mobile app; or
(g) any product or service advertised or offered by a third party through the VXP website / mobile app or any hyperlinked website / mobile app or featured in any banner or other advertising. VXP will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in each applicable jurisdiction. You specifically acknowledge that VXP shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. VXP makes no representations that the VXP Website / Mobile App is appropriate or available for use in any particular location. Those who access or use the VXP Website / Mobile App are responsible for compliance with local law.
Under no circumstances, including but not limited to any act or omission on the part of VXP, will VXP be liable for any indirect, incidental, special and/or consequential damages whatsoever which result from any use or access of, or any inability to use or access, this website / mobile app or its content, including but not limited to any dealings with the GSPs.
You agree to defend, indemnify and hold harmless VXP, its parent or related corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) Your use of and access to the VXP Website / Mobile App;
(b) Your use of the VXP Service.
(c) Your violation of Terms.
(d) Your violation of any third party right, including without limitation any copyright, property or privacy right.
(e) Any claim that one of your User Submissions caused damage to a third party.
(f) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website / mobile app or local personal GSPs.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
22. Governing Law and Jurisdiction
The terms listed in this document shall be governed by and construed and enforced in accordance with the laws of Malaysia. The Malaysian Courts shall have exclusive jurisdiction to adjudicate any dispute arising out of any of the terms listed in this document.