1. Scope of XTVT Services
a. The XTVT Platform is an online commercial centre that empowers enlisted clients ("Users") and certain third-parties who offer administrations (Members and third parties who offer administrations are "Activity Provider" and the administrations they offer are either "Stays" or "Activities") to publish such Stays or Activities on the XTVT Platform ("Listings") and to convey and execute legitimately with Members that are trying to book such Activity Provider Services (Members utilizing Host Services are "Customers").
b. As the provider of the XTVT Platform, XTVT does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Stays or Activities, nor is XTVT an organiser or retailer of travel packages. Activity Providers alone are liable for their Listings and Stays or Activities. At the point when Members make or acknowledge a booking, they are going into an agreement legitimately with one another. XTVT is not and does not become a party to or another participant in any contractual relationship between Members, nor is XTVT a real estate broker or insurer.
c. While we may assist facilitate the resolution of disputes, XTVT has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Stays or Activities, (ii) the fact or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as described below), or (iii) the performance or behaviour of any Member or third party. XTVT does not endorse any Member, Listing or Stays or Activities. Any references to a Member being "verified" (or similar language) simplest indicate that the Member has completed an applicable verification or identity procedure and not anything else. Any such description isn't an endorsement, certification or assure through XTVT about any Member, which include of the Member's identification or history or whether or not the Member is trustworthy, secure or suitable. You must usually exercise due diligence and care when deciding whether to live in a Stay, participate in an Activity.
d. To encourage sales through the XTVT Platform, Listings that have been published in the platform will be displayed on other websites, in applications, within emails, offline or online advertisements as means of promotion.
e. Taking into consideration that the XTVT Platform is an online marketplace, XTVT cannot guarantee that continuous and uninterrupted availability as well as accessibility at all times due to any issues in regards to the Internet.
2. Content - Members (Business Providers)
a. XTVT may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the XTVT Platform ("Member Content"); and (ii) access and view Member Content and any content that XTVT itself makes available on or through the XTVT Platform, including proprietary XTVT content and any content licensed or authorized for use by or through XTVT from a third party ("XTVT Content" and together with Member Content, "Collective Content").
b. The XTVT Platform, XTVT Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the XTVT Platform and XTVT Content, including all associated intellectual property rights, are the exclusive property of XTVT and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the XTVT Platform, XTVT Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of XTVT used on or in connection with the XTVT Platform and XTVT Contents are trademarks or registered trademarks of XTVT in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the XTVT Platform, XTVT Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
c. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the XTVT Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by XTVT or its licensors, except for the licenses and rights expressly granted in these Terms.
d. Subject to your compliance with these Terms, XTVT grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the XTVT Platform and accessible to you, solely for your personal and non-commercial use.
e. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the XTVT Platform, you grant to XTVT a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the XTVT Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws. Unless you provide specific consent, XTVT does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
f. You are solely responsible for all Member Content that you make available on or through the XTVT Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the XTVT Platform or you have all rights, licenses, consents and releases that are necessary to grant to XTVT the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or XTVT's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
g.You shall not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances. XTVT may, without prior notice, remove or disable access to any Member Content that XTVT finds to be in violation of applicable law, these Terms or otherwise may be harmful or objectionable to XTVT, its Members, third parties, or property.
a. Subject to meeting any requirements (such as completing any verification processes) set by XTVT and/or the Host, you can book a Listing available on the XTVT Platform by following the respective booking process. All applicable fees, including the Listing Fee, Additional Guests Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you before booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your XTVT Account.
b. You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
c. You agree to leave the Accommodation no later then the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed-upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that does not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize XTVT (via XTVT Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
d. You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional Customers you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion, you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.
e. Within a certain timeframe after completing a booking, Customers can leave a public review (“Review”) and submit a star rating (“Rating”) on their experience. Ratings or Reviews reflect the opinions of the individual Members and do not reflect the opinion of XTVT. Ratings and Reviews are not verified by XTVT for accuracy and may be incorrect or misleading.
f. Cancellation and Refund Policy [Not applicable for Jom Dive campaign]
There are 2 types of Cancellation Policies.
- XTVT Cancellation Policy
- Vendor Cancellation Policy
i. XTVT Cancellation Policy [Not applicable for Jom Dive campaign]
In any cases of which the booking made by the customer is cancelled by the Host, the customer will be entitled to a full refund from XTVT Malaysia within 14 days. However, if a cancellation is requested by the customer, you will be subjected to the refund amount based on the date of booking cancellation request as stated in the table below:
|Cancellation date request||Refund|
|more than 20 days before the booked date||100%|
|between 20 to 14 days before the booked date||50%|
|less than 14 days before the booked date||0%|
In the case, the customer requests for a change of date to the booking made via [email protected], XTVT will assist in facilitating negotiation between customer and Activity Provider subject to the availability of the same package booked before. If the package is no longer available, the customer will be subjected to the Cancellation and Refund Policy based on the date the change of date request was made.
ii. Vendor Cancellation Policy [Not applicable for Jom Dive campaign]
This cancellation policy will be available on the description of the Stay/Activity/Trip page. If the cancellation terms are not set in the description of the Stay/Activity/Trip page, XTVT Cancellation Policy applies. Vendors are fully responsible on the cancellation procedures with the customer and XTVT will not be liable or held responsible for any arguments over cancellations.
4. JOM DIVE campaign by Tourism Malaysia and Malaysia Scuba Diving Association
- The campaign validity period is from 12th April 2021 to 31st May 2021. Bookings for packages can be made for any dates from 12th April 2021 to 31st August 2021.
- This campaign is only offered to Malaysian citizens with valid MyKad.
- Prices indicated in the platform reflects the original prices without discounts. To claim discounts, users must utilise the voucher code 'JOMDIVE' to enjoy a total of RM450 worth of discounts.
- Each user can utilise the voucher only once and is applicable for only one package.
- Purchases during the campaign period are not refundable. However, users are allowed to negotiate with business providers on any changes on the booking date. Users must provide valid reasons for any changes such as MCO/health reasons and provide relevant documents as proof. (Changes are also subjected to availability of business providers)