CONDITION OF USE
Welcome to City Explorer. City Explorer Sdn. Bhd. And/or its affiliates (“City Explorer”) provide website features and other products and services to you when you visit or shop at Cityexplorer.com.my, use City Explorer products or services, use City Explorer applications for mobile, or use software provided by City Explorer in connection with any of the foregoing (collectively, ” City Explorer Services”). City Explorer provides the City Explorer Services subject to the following conditions.
By using the City Explorer Services, you agree to these conditions. Please read them carefully.
We offer a wide range of City Explorer Services, and sometimes additional terms may apply. When you use a City Explorer Service (for example, Your Profile, Your Product Content, Your Media Library, or City Explorer applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that City Explorer Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of City Explorer Service, to understand our practices.
When you use any City Explorer Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other City Explorer Service, such as our Message Center. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any City Explorer Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of City Explorer or its content suppliers and protected by Malaysia and international copyright laws. The compilation of all content included in or made available through any City Explorer Services is the exclusive property of City Explorer and protected by Malaysia and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any City Explorer Service are trademarks of City Explorer in the Malaysia and other countries. City Explorer’s trademarks may not be used in connection with any product or service that is not City Explorer’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits City Explorer. All other trademarks not owned by City Explorer that appear in any City Explorer Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by City Explorer.
One or more patents owned by City Explorer apply to the City Explorer Service and to the features and services accessible via the City Explorer. Portions of the City Explorer Service operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, City Explorer or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the City Explorer Service. This license does not include any resale or commercial use of any City Explorer Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of a City Explorer Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by City Explorer or its licensors, suppliers, publishers, rightsholders, or other content providers. No City Explorer Service, nor any part of any City Explorer Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of City Explorer. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of City Explorer without express written consent. You may not use any meta tags or any other “hidden text” utilizing City Explorer’s name or trademarks without the express written consent of City Explorer. You may not misuse the City Explorer Service. You may use the City Explorer Service only as permitted by law. The licenses granted by City Explorer terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any City Explorer Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the City Explorer Services only with involvement of a parent or guardian. City Explorer reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. City Explorer reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant City Explorer a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant City Explorer and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify City Explorer for all claims resulting from content you supply. City Explorer has the right but not the obligation to monitor and edit or remove any activity or content. City Explorer takes no responsibility and assumes no liability for any content posted by you or any third party.
City Explorer respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from City Explorer are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
City Explorer does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, City Explorer does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center
City Explorer attempts to be as accurate as possible. However, City Explorer does not warrant that product descriptions or other content of any City Explorer Service is accurate, complete, reliable, current, or error-free. If a product offered by City Explorer itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any City Explorer Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by City Explorer, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by City Explorer is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by City Explorer, such as the City Explorer App, City Explorer Shopping App, or City Explorer Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
CITY EXPLORER SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with City Explorer Services (the “City Explorer Software”).
Parties other than City Explorer operate stores, provide services, or sell product lines through the City Explorer Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. City Explorer does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE CITY EXPLORER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CITY EXPLORER SERVICES ARE PROVIDED BY CITY EXPLORERON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CITY EXPLORER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CITY EXPLORER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CITY EXPLORER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CITY EXPLORER SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CITY EXPLORERDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CITY EXPLORER DOES NOT WARRANT THAT THE CITY EXPLORER SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CITY EXPLORER SERVICES, CITY EXPLORER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CITY EXPLORER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CITY EXPLORER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CITY EXPLORER SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CITY EXPLORER SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any City Explorer Service, or to any products or services sold or distributed by City Explorer or through Cityexplorer.com.my will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of City Explorer Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
City Explorer Sdn. Bhd.
No. D13-3, Jalan Persiaran Utama S2-1,
Seremban 2, Seremban,
70300 Negeri Sembilan,