1.1 Welcome to the www.byloka.com website ("Site"). "Byloka" means Byloka Sdn Bhd, a company incorporated in Malaysia under registration number 1291643-M and having its registered address at Block 3730, Persiaran APEC, 63000 Cyberjaya, Malaysia.
1.2 By accessing the Site, you confirm that you have read, understood and agree to be bound by the Terms and Conditions ("T&C"). If you do not agree to abide by these T&C, do not use or access this Site.
1.3 Byloka reserves the right to amend, modify, add or remove all or portions of these T&C at any time without prior notice. Changes will be effective when posted on the Site with no other notice provided. Please check these T&C sporadically for updates. Your continued use of the Site following the posting of changes to these T&C constitutes your acceptance of those changes.
In these T&C:-
2.1 "Account" means a registered Account created by a Guest to use the Site and to gain full access to use the Service and/or Host Services.
2.2 "Guest" means a registered User who are accessing and/or using the Host Services provided by Local Host.
2.3 "Local Host" means the Host Services providers who are using the Service from Byloka. Host are not regarded as Byloka's employee or Byloka's contractor.
2.4 "Host Account" means a registered Host Account created by the Host to use the Site and to gain full access to use the Service and to be a member with Byloka.
2.5 "Host Services" means information regarding the Local Host including among others the Host's details, services and recommendations, local destinations, itineraries, facilities, tours and services provided by the Host.
2.7 "Service" means the online networking marketplace that reciprocally connects the Host and the User which enable the User to use the Host Services and allowing the Host to publish and provide the Host Services.
2.8 "User" means any persons including among others the Local Host, Guest or Byloka's Marketing Partner, whether registered or not, who access the Sites or uses the Service and/or engage the Host Services provided by the Host.
2.9 "We/our or you/your" means Byloka and User/Local Host/Guest respectively, whether individually or collectively.
3.1 No waiver by Byloka of any breach of the T&C by the User shall be considered as a waiver of any subsequent breach of the same or any other provision.
3.2 No person who is not a party to this T&C (including any employee, officer, agent, representative or sub-contractor of either party) shall have any right under the T&C to enforce any terms which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
4.1 Byloka grant to you the access to the Site under the T&C for the purpose of online networking marketplace that connects the User/Guest and the Local Host with each other. Byloka shall not be deemed or construed as operating a tourist service or any other services similar in nature. Byloka is not an agent for both User/Guest and Local Host in matching the Host Services. Any breach of these T&C shall result in the immediate revocation of the access granted in this paragraph without notice to you.
4.2 Content provided on this site is solely for informational purposes based from the information provided by the Local Host. Host Services representations expressed on this Site are those of the Local Host and are not made by Byloka. Byloka reserves the right to verify or remove any information in this Site at its own discretion without any prior notice.
4.4 You are solely responsible for keeping your ID, password and other Account or Host Account identifier safe and secure. The Account or Host Account owner is entirely responsible for all activities that transpire under such account. The Account or Host Account owner must notify Byloka of any unauthorized use of the password or the account. Byloka shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of or in connection with your failure to comply with this section.
5.1 For User/Guest
5.1.1 You are responsible to comply with all of the relevant laws, regulations, rules and guidelines arising from the usage of this Site and the Service. You also accountable for any of the subject matter that you publish via the Site.
5.1.2 User or Guest shall not directly contact the Local Host for the Host Services or any services from the Local Host in order to evade any payment obligation to Byloka for the Service rendered by Byloka.
5.1.3 You can contact the Local Host through messaging system provided by Byloka. Byloka shall not share any responsibility or liability with respect to the conversation between you and Host. You agree and accept that all conversation made through Byloka platform is subject to a verification and/or modification by Byloka where or as appropriated.
5.2 For Local Host
5.2.1 To have access and use all of the features of the Service in the Sites, you must create and register a Host Account to be a member with Byloka. You agree to provide a complete, accurate and real information and personal data for registration and for the purpose of maintaining your Host Account with Byloka.
5.2.2 Upon successful registration, Byloka will provide you with a unique Host ID number for easy reference.
5.2.3 Local Host can contact Guest through messaging system provided by Byloka. Byloka shall not share any responsibility or liability with respect to the conversation between the Local Host and Guest. Local Host agree and accept that all conversation made through the Site is subject to a verification and/or modification by Byloka where or as appropriated.
5.2.4 Local Host shall conduct their duty in accordance with the Host Services as agreed with the Guest. Local Host offering the Host Services to Guest shall be the same person registered with Byloka. The Local Host at all times can be identified by the Host ID number.
5.2.5 Local Host shall not directly find User/Guest to offer the Host Services or any services from the Local Host in order to evade any payment obligation to Byloka for the Service rendered by Byloka.
5.2.6 Local Host alone are responsible for the Host Services that you submit, list and provide on this Site.
5.3 All User, Guest and Host shall not:-
5.3.1 Publish by any means contents that:-
184.108.40.206 is illegal, harmful, violent, defamatory and/or obscene;
220.127.116.11 promote discrimination, bigotry, racism, hatred and/or privacy invasion;
18.104.22.168 is not in a manner conforming with any laws, regulations, rules or guidelines;
22.214.171.124 infringes any intellectual property or any other proprietary rights of any third party;
126.96.36.199 promotes unsolicited commercial advertisements;
188.8.131.52 contains any type of viruses, spyware, malware or any other computer codes or programs designed to compromise or destroy the function of any computer software or hardware or any other electronic equipment; and/or
184.108.40.206 hinder and/or hamper any person from properly using the Site and/or the Services provided.
5.3.2 Impersonate any person or entity or misrepresent User's association with any person or entity.
5.3.3 Obtain by any means contact information of the other User, Guest and/or Local Host for any purposes without authorization from the other User, Guest, the Local Host and/or Byloka.
5.3.4 Use the Site or Service for any other purpose than what is intended by Byloka or in any manner that would be prejudicial to Byloka.
5.3.5 Promote or provide information of any criminal activities.
5.4 You shall provide a complete, accurate and real information and personal data when using Sites including during the registration or when engaging the Service or Host Services.
5.5 Byloka reserves the right to scrutinize or investigate and take appropriate legal action against the User or anyone who infringe the T&C and to remove any content which infringe the T&C and suspend or terminate the Account or Host Account of such violators and report such violation to the relevant authorities.
6.1 Service fee
6.1.1 For every successful booking made , Byloka charge a certain amount of Local Host service fee upon mutual agreement with Local Host. Local Host service fee shall be deducted from the amount paid to Byloka and it is not refundable in any circumstances unless the Local Host cancel or Guest making cancellation at least 10 days from scheduled date. No other fees to be charged to the Guest except for payment processing fee which is subjected to the payment terms elected by the Guest and it is not refundable in any circumstances.
6.1.2 Byloka reserves the right to hold the total amount paid by the Guest and shall deduct the Local Host service fee and shall disburse the balance to the Local Host after the completion of the Host Services.
6.1.3 Byloka reserves the right not to refund any unused portion of fees or payments, if any, should Byloka find that the Local Host or Guest have breached the T&C.
6.1.4 Any applicable service fees (including any applicable taxes) will be displayed to the Guest prior to publishing or booking Host Services. Byloka reserves the right to change the service fee at any time and will provide Local Host adequate notice of any fee changes before they become effective.
6.2.1 Local Host will list the Host Services on the Site together with the price information. User/Guest can enquire information by accessing the Site. At the time of booking, it shall be deemed that the User/Guest agree and accept the terms and conditions of the Host Services.
6.2.2 When Guest purchase the Host Services offered, Guest are purchasing directly from the Local Host and not Byloka. The Local Host is solely responsible for the information listed and the Host Services. Byloka is not a party to any arrangement between the Local Host and the Guest.
6.2.3 The booking shall be deemed completed once full payment via the payment terms as stipulated above has been made to the designated account where Byloka will confirm the payment by sending out the payment receipt and the booking confirmation (including but not limited to the name of the Local Host, contact number, email address and Host ID) to the Guest. Simultaneously, the Local Host will receive an acknowledgment email from Byloka of the booking confirmation.
6.2.4 Guest will be able to directly contact the Local Host or choose to maintain using the Site chatbox once full payment is made.
6.3 The exchange rate shall be provided by Byloka which could be changed without any prior notice. Guest agree and accept that they shall bear any payment fees triggered by the related commercial banks.
6.4 In case of dispute, Byloka may assist to facilitate the dispute resolution between Guest and Local Host. In such case, Byloka reserves the right to retain the payment due to be made to the Local Host until the dispute is resolved. Without limitation, both Guest and Local Host agree and accept that Byloka can access at any time and disclose any information related to Guest and Local Host to authorities for the purpose of investigation.
6.5 Cancellation by Guest
6.5.1 A cancellation of an accepted booking for the Host Services by Guest will result in a penalty payable by the Guest for purposes of compensating any relevant party affected by the cancellation including Byloka and/or the Local Host, as follows:
220.127.116.11 100% refund if the cancellation is made within 10 or more days prior the scheduled trip;
18.104.22.168 50% refund if the cancellation is made within 9 but more than 3 days prior to the scheduled trip; or
22.214.171.124 No refund if the cancellation is made within 3 days prior to the scheduled trip.
Provided that the Malaysian Local Time zone (UTC+ 8) is applicable in the above mentioned circumstances.
6.5.2 After deduction of a penalty (where applicable), any balance for the respective booking will be refunded to Guest's bank account within 14 working days after cancellation.
6.5.3 Guest shall contact Byloka or the Local Host for any request to cancel the booking. Guest will receive confirmation from Byloka via email on the cancellation. Should the Guest does not receive any confirmation, User is advised to contact Byloka or the Local Host as early as possible.
6.5.4 No penalty will be imposed to the Guest in case of force majeure as stipulated under Clause 14 of this T&C. Byloka reserves the right in its sole discretion to determine on the occurrence of force majeure.
6.6 Cancellation by Local Host
6.6.1 If the Local Host cancel a confirmed booking made by the Guest, the Local Host agree that Byloka may impose penalties and other conditions including cancellation fee, full refund of monies paid by Guest and/or blocking the dates of the cancelled booking from other bookings by other User/Guest.
6.6.2 No penalty will be imposed to the Local Host in case of force majeure as stipulated under Clause 14 of this T&C. Byloka reserves the right in its sole discretion to determine on the occurrence of force majeure.
6.7 Cancellation by Byloka
6.7.1 Byloka reserves the right to request the Guest to cancel any Host Services booked if necessary. Any cancellation by Byloka shall result in a full refund to the Guest and the refund shall be remitted to the Guest within 14 working days after cancellation.
6.7.2 Guest and Local Host agree that they shall not be entitled to any compensation, damages, reimbursement or other sum except for the refund stipulated above for such event.
7.1 Subsequent to completing a booking, Guest and Local Host can leave a public review on each other.
7.2 Review reflect the opinions of the Guest or Local Host and do not reflect the opinion of Byloka and Byloka will not verify the accuracy and the veracity of the review.
7.3 Review by the Guest and Local Host must be at all times accurate and shall not contain any offensive or defamatory language and subjected to the condition of use under Clause 5.
7.4 Guest and Local Host are prohibited from manipulating the review in any manner, such as instructing a third party to write a positive or negative remarks about another Guest or Local Host.
7.5 Review are part of the Guest and Local Host's public profile together with other relevant information.
8.1 You must be at least 18 years old or older to use the Service or becoming a Local Host. Parents or guardian's discretion and supervision are required for minors to use the Service or Host Services or becoming a Local Host.
8.2 Risks Assumption
8.2.1 You agree and acknowledge that the Host Services you sign up may be precarious or hazardous and may carry the risk of injury or illness, including but not limited to physical injury, property damage, disability, permanent paralysis or death.
8.2.2 To the maximum extent permitted under the law, you voluntarily and freely assume all risks, both known and unknown, of participating in each of the Host Services even if those risks are associated with the negligence of the Local Host or others or defects in the facilities or premises or equipment used during the Host Services or otherwise and you assume full responsibility for participation in the Service.
8.3 Release And Waiver
8.3.1 You acknowledge and agree the following:-
126.96.36.199 Only you will be responsible for determining your health condition for participating in the Host Services and your ability to understand any warnings presented;
188.8.131.52 You will not participate in any of the Host Services when you are aware or you should reasonably aware or you have physical, medical or mental limitation or disability that may limit you from safely participating.
184.108.40.206 You will comply with any conditions, directions and/or precautions for your participation in the Host Services and act reasonably and responsibly.
220.127.116.11 Subject as expressly provided in these T&C, all other warranties, conditions or terms, including those implied by statute or law are excluded to the fullest extent permitted by law.
8.4 Warranties Disclaimer
8.4.1 The Host Service provided are on "as is basis" without warranties of any kind. Byloka and the Local Host expressly disclaim any warranties of safety, fitness, quiet enjoyment and as to the acceptability of the warnings provided to you.
9.1 The Guest shall be entitled to make payment for the Host Services to the payment methods as set out in the Site. The following terms and conditions applicable to each type of payment shall be applicable in addition to the T&C provided in this Site.
9.2 Credit Card
9.2.1 Credit card payment option is available for all Guest. Byloka accepts all Visa and MasterCards, both Credit and Debit and is 3D Secure (Verified by Visa and MasterCard Secure) enabled. All of your credit card information are protected by means of industry encryption standards.
9.3 Online Banking
9.3.1 The Guest shall transfer the payment for the Service to Byloka account for the total amount of the Guest's purchase (including any applicable taxes and fees). The transaction must be payable in Malaysian Ringgit (RM). Byloka in its sole discretion may refuse this payment option to anyone or any Guest at any time without notice for any reason.
9.3.2 Byloka accepts online bank transfers from all Local bank in Malaysia.
10.1 All intellectual property rights, whether registered or unregistered in the Site, information content on the Site and all the website design including but not limited to text, graphics, software, photos, video, music, sound and their selection and arrangement and all software compilations, underlying source code and software shall remain as Byloka's property. The entire contents of the Site also are protected by copyright as a collective work under Malaysian copyright laws and international conventions. All rights are reserved.
10.2 Local Host agree that Byloka reserves the right to use, copy, modify, transmit, store, publish or distribute the information and contents in this Site regardless whether it is owned or controlled by any Local Host, for any commercial or non-commercial purposes.
10.3 Local Host agree that Byloka shall not be held liable for any direct, indirect or consequential loss or damage arising out of the infringement of intellectual property law in relation to an unauthorized use of the information and contents owned by the Local Host by any persons. In this respect, Local Host also warrant that all contents used/to be used in this Site are not intellectual property infringed under the law, regulations, rules and/or guidelines.
11.1 Byloka including its shareholders, directors, employees or agents shall in no event be liable for any direct, indirect or consequential loss or damage arising from the use of the Site or the Service or the subject matter of the T&C or for any matter that is beyond the reasonable control of Byloka or from an act or default of the User, Guest and/or the Local Host.
12.1 Without prejudice to the other provisions of the T&C, you shall indemnify Byloka and its shareholders, directors, employees or agents in respect of all losses, liabilities and expenses, actions, proceedings, damages, demands, costs, claims and charges incurred by it or by any person appointed by it and against all losses, liabilities, actions, proceedings, costs, claims and demands in respect of any matter or thing done or omitted in any way relating to this T&C (save and except for such losses, liabilities, expenses, actions, proceedings, costs, claims and demands are incurred or arising form not acting in good faith and with gross negligence).
13.1 In addition to any other legal or equitable remedies, we may without prior notice to you, immediately terminate the T&C or revoke any or all of your rights granted under the T&C.
13.2 Guest and/or Host are required to complete the termination form obtained by requesting it from firstname.lastname@example.org. We will sent out a confirmation email on the successful termination within seven (7) days after receiving a complete termination form. We reserves the right to withhold any payment due after the termination should we discover that you have breached any of the T&C.
13.3 Upon any termination, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and Account/Host Account identification issued to you and deny your access to and use of this Site in whole or in part.
13.4 You agree that Byloka shall not be liable to you or to any other person as a result of any such termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Byloka in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
14.1 Save as is otherwise specifically provided in this T&C, Byloka shall not be liable for failures or delays in performing its obligations hereunder arising from any cause beyond its control, including without limitation, acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, governmental restrictions, wars, riots, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems.
14.2 Upon the occurrence of any one of the events mentioned above, Byloka may fully or partially suspend the performance of the Service/Host Services while such circumstances continues.
15.1 These T&C shall be interpreted and shall be governed by, and construed in accordance with the laws of Malaysia. Each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue subject to the Arbitration clause herewith.
16.1 Any controversy, claim or dispute arising out of or relating to these T&C will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party.
16.2 Notwithstanding the foregoing, Byloka reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
17.1 If any provision of this T&C is held invalid, unenforceable or illegal for any reason, this T&C shall remain otherwise in full force apart from such provision which shall be deemed deleted.
18.1 Please do not hesitate to contact Byloka's Customer Service at email@example.com to report any violations of the T&C or to enquire more information of the T&C or the Service.
19.1 Byloka is committed in prohibiting and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. Byloka are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and Service for money laundering purposes.