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Terms & Condition

 

 
Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the The Secret Garden web site located at www.thesecretgarden.com.my and all associated sites linked to www.thesecretgarden.com.my by The Secret Garden, around the world (collectively, the “Site”). The Site is the property of The Secret Garden and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
 
The Secret Garden reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
 
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by The Secret Garden, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
 
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without The Secret Garden express prior written consent.
 
Use of Site
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any The Secret Garden server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of The Secret Garden, including any The Secret Garden account not owned by you.
 
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of The Secret Garden or others.
 
 Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up The Secret Garden ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password. You may not use anyone else’s The Secret Garden ID, password or account at any time without the express permission and consent of the holder of that The Secret Garden ID, password or account.
 
Privacy
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
 
Disclaimers
THESECRETGARDEN.COM.MY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MYHOLIDAYINMALAYSIA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
 
YOUR SOLE REMEDY AGAINST MYHOLIDAYINMALAYSIA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
 
The Secret Garden reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
 
Violation of These Terms of Use
The Secret Garden reserves the right at all times to disclose any information that The Secret Garden deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Secret Garden also may disclose your information when The Secret Garden determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
 
You acknowledge and agree that The Secret Garden may preserve any transmittal or communication by you with The Secret Garden through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or The Secret Garden determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of The Secret Garden, its employees, users of or visitors to the Site, and the public.
 
You agree that The Secret Garden may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.
 
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
 
In the event of any controversy or dispute between The Secret Garden and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
 
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.
 
The Secret Garden provides access to The Secret Garden international data and, therefore, may contain references or cross references to The Secret Garden products, programs and services that are not announced in your country. Such reference does not imply that The Secret Garden in your country intends to announce such products, programs or services.
 
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. The Secret Garden shall be free to use such information on an unrestricted basis.
 
The information contained in this web site is subject to change without notice.
 
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