TERMS OF USE

This page sets out the terms and conditions (“Terms of Use”) for using the IKHLAS mobile application (“Mobile App”) and the website: www.ikhlas.com (“Website”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR MOBILE APP. YOU SHOULD IMMEDIATE STOP AND REFRAIN FROM USING THIS WEBSITE OR MOBILE APP IF YOU DO NOT AGREE TO THIS TERMS OF USE.

We amend these terms from time to time. We will note the date that amendments were last made at the top of these terms, and any amendments will take effect upon posting. Every time you wish to use our Website or Mobile App, please check these terms to ensure you understand the terms that apply at that time.

The Website and Mobile App are managed and operated by Ikhlas Com Travel Sdn Bhd (“us”, “we” or “our”). We manage and operate the Website and Mobile App from Malaysia with the server located primarily in Singapore. Though this Website and Mobile App may be accessible from anywhere in the world, the availability of the functions, products, and services discussed, mentioned, supplied, and provided through or on this Website or Mobile App may vary by country or region.

Should you choose to visit this Website or Mobile App from countries or regions outside of Malaysia, you do so on your own volition and shall use our Website or Mobile App only as permitted by local laws

Ikhlas Com Travel Sdn Bhd is a company incorporated under the laws of Malaysia with its principal place of business at West Wing, Level 4, Stesen Sentral Kuala Lumpur, 50470, Kuala Lumpur.

For any content infringement issues, you can send email to [email protected]

BY USING AND CONTINUE TO USE THIS WEBSITE OR MOBILE APP

• You are deemed to have read, understood and accepted this Terms of Use. Please stop and refrain from using this Website or Mobile App if you do not agree to this Terms of Use.
• You warrant that you have reached the age of majority and have capacity to enter into a legally binding contract in the territory in which you reside and that you will only use this Website or Mobile App to make legitimate purchases.
• It is your responsibility to ensure that any products, services or information available through the Website or Mobile App meet your specific requirements.
• You will not attempt to use the Website or Mobile App with crawlers, robots, data mining, extraction tools or any other functionality.
• You will be fully responsible for all matters arising from your use of this Website or Mobile App.
• You will not use this Website or Mobile App in any manner which breaches any applicable laws and regulations.
• You will not interfere or attempt to interfere with the operation or functionality of the Website or Mobile App and not to obtain or attempt to obtain unauthorised access, via whatever means, to our systems.
• You agree that we have the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Website, Mobile App, products and/or services as well as any other promotional offers. You are able to opt-out of receiving our promotional e-mails or to unsubscribe such information at any time by clicking the unsubscribe’ link at the bottom of any of such e-mail correspondence.
• You acknowledge and accept this Terms of Use shall be read together with the Privacy Statement, the Terms and Conditions for Qurban and any other specific terms and conditions for the relevant product made available at the point of your purchase, which are also available here.
• You acknowledge that the products and/or services available on the Website or Mobile App may be provided by our merchant partners and you accept that these merchants will have their own applicable terms and conditions in relation to the supply of products and/or services, in which you are further subjected to and shall be abide by those additional terms and conditions.

RESTRICTION AND PROHIBITION OF USE OF THIS WEBSITE OR MOBILE APP

• Restrictions: Without limitation, you undertake not to use or permit anyone else to use the Website or Mobile App:
• for a purpose other than which we have designed them or intended them to be used;
• for any fraudulent purpose;
• other than in conformance with accepted Internet practices and practices of any connected networks; or
• Prohibited uses: The following use of the Website or Mobile App are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
• furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
• attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
• accessing the Website or Mobile App in such a way as to, or commit any act that would impose an unreasonable or disproportionately large load on our infrastructure;
• executing any form of network monitoring which will intercept data not intended for you;
• entering into fraudulent interactions or transactions with us (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
• using the Website or Mobile App (or any relevant functionality of either of them) in breach of this Terms of Use;
• unauthorised use, or forging, of mail header information;
• scraping of the Website or Mobile App;
• engage in any unlawful activity in connection with the use of the Website or Mobile App; or
• engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website or Mobile App.

FORMATION OF CONTRACT

Purchase, acceptance and completion of the contract between you and us will only be established upon us issuing a confirmation of transaction via email of the purchase to you. For the avoidance of doubt, we shall be entitled to refuse or cancel any purchase without giving any reasons for the same to you prior to the issue of the confirmation of transaction. No concluded contract may be modified or cancelled by you. All purchase, acceptance and completion of the contract is formalised between you and Ikhlas Com Travel Sdn Bhd.

CHANGES TO OUR WEBSITE OR MOBILE APPLICATION

• We reserve the right at our absolute discretion and without liability to change, modify, alter, adapt, add or remove any of the terms and conditions contained herein and/or change, suspect or discontinue any aspect of this Website or Mobile App.
• We are not required to give you any advanced notice prior to incorporation of any of the above changes and/or modifications into this Website or Mobile App.

BIG LOYALTY PROGRAM

• The purchase of products and/or services on this website entitles you to earn BIG Points. To be eligible to receive BIG Points, please follow the steps below:
• You must be a BIG member by subscribing for membership under the loyalty and rewards program operated by BIGLIFE Sdn Bhd (‘BIG’) under the name (“BIG Loyalty Program”)
• You would have a unique registration number known as the “BIG Member ID” issued by BIG at the time of purchase; and
• You have logged in to your BIG account at deals.airasia.com prior to purchasing the products and/or services on this website.
• The usage of BIG Points will be subject to the BIGLIFE Membership Terms and Conditions that are available on BIG’s website (www.airasiabig.com).
• Kindly keep yourself updated with the terms and condition of BIG as it may be updated and revised from time to time.

OTHER SITES AND LINKS PROVIDED

Our Website or Mobile App provide links to other sites and vice versa merely for your convenience and information. We shall neither be responsible for the content and availability of such other sites that may be operated and controlled by third parties and by our various branch offices worldwide, nor for the information, products or services contained on or accessible through those websites. Your access and use of such websites remain solely at your own risk. We will not be liable for any direct, indirect, consequential losses and/or damages of whatsoever kind arising out of your access to such sites.

NO WARRANTIES

• We provide no warranty, whether expressly or implied, of any kind including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non- infringement. All such implied terms and warranties are hereby excluded.
• We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that this Website or this server or this Mobile App that makes it available is free of any virus or other harmful elements. We do not warrant or make any representations regarding the correctness, accuracy, reliability or otherwise of the materials in this Website or Mobile App or the results of their use.
• The provision of our Website or Mobile App is reliant on the internet and devices. You fully understand and agree that we will not be liable for any losses suffered by you as a result of our Website or Mobile App not being available due to events, circumstances or causes beyond our reasonable control, including but not limited to internet, system or device instability, computer viruses and hacker attacks.

INDEMNITY

You shall defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or Mobile App and/or services or the placement or transmission of any message, information, software or other materials through the Website or Mobile App by you or related to any violation of these Terms of Use by you or authorised users of your account.

LIABILITY

• Your use of this Website or Mobile App is entirely at your own risk. The information contained in this Website or Mobile App is for informational purposes only and is provided to you on an “as-is” basis. We do not guarantee the accuracy, timeliness, reliability, authenticity of completeness of any of the information contained on this Website or Mobile App.
• Any of our publications may include technical inaccuracies or typographical errors. Changes may be made to these publications from time to time and incorporated in new editions of these publications. At any time without notice, these publications are subject to improvements and changes in service by us.
• We will not be liable under any circumstances, including negligence, for any direct, indirect or consequential loss arising from your use of the information and material contained in our Website or Mobile App or from your access to any of the linked sites. We are also not liable nor responsible for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials. Our total liability (if any) for all damages, losses, costs and expenses under whatever cause of action, whether in contract, tort or otherwise will not exceed any amount paid by you for accessing our Website or Mobile App.
• The exclusions and limitations described herein shall apply to the extent permitted by law, without prejudice to our rights to seek legal redress in accordance with the applicable laws.

COMMUNICATIONS

Any communication from you sent to our customer support shall be treated as non-confidential. Your comments, suggestions, questions, feedback and the like regarding the content and/or our services in general, including any ideas, inventions, concepts, techniques or know-how disclosed therein may be used by us for any purpose, including the developing, manufacturing and/or marketing of goods and/or services, and in such circumstances you are not entitled to any reward or compensation of whatever nature from us. For this purpose, we reserve the right whenever necessary to disclose your personal information without our own offices, authorised agents, government/security agencies or the providers of similar services, in whatever country they may be located.

To contact us, feel free to do so here.

DATA PROTECTION

We will only use your personal information as set out in our Privacy Statement which can be accessed using the link above. The Privacy Statement also explains the information you are required to supply when using this Website or Mobile App.

TRADEMARK AND COPYRIGHT

• The contents of this Website or Mobile App are intended for your personal non-commercial use only. Graphics and images on this Website or Mobile App are protected by copyright and may not be reproduced or appropriated in any manner without our written permission. Modification of any of the materials or use of the materials for any other purpose will be a violation of our copyright and other intellectual property rights and the copyright and intellectual property rights of the respective owners.
• All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs) whether registered or unregistered) in the Website or Mobile App, information content on the Website or Mobile App, any database operated by us and all the Website or Mobile App design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the sole and exclusive of our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
• None of the materials listed above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen and display the content of the Mobile Application on a mobile screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or Mobile App without our permission.
• All rights (including goodwill and, where relevant, trade marks) in the trade name of IKHLAS are owned by us (or our licensors). Other product and company names mentioned on the Website or Mobile App are the trademarks or registered trademarks of their respective owners.

BREACH OF TERMS OF USE

• Failure to comply with this Terms of Use may result in us taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our Website or Mobile App;
• Issue of a warning to you;
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• Further legal action against you;
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
• If we (in our sole discretion) believe that you are in breach, or will be in breach, of any of this Terms of Use, we reserve our right to deny you access to this Website or Mobile App without giving you a reason and/or without further reference to you.

APPLICABLE LAW AND JURISDICTION

This Terms of Use and this Website or Mobile App’s content shall be governed and construed in accordance with Malaysian laws, and the courts of Malaysia shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto.

LANGUAGE

For ease of understanding, this Terms of Use may appear in other languages. However, this Terms of Use was originally written in English. Therefore, to the extent any translated version of this Terms of Use conflicts with the English version, the English version shall prevail and be given full effect.