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Part A General Terms and Conditions

Introduction and Acceptance of Terms.
This User Agreement ("Agreement") is made between ProHighway Travel Sdn Bhd (Co. No. 7755-P) which owns and operates the internet sites with the URL: www.prohighwaytravel.com.my ("the Web Site") and you who access and/or visit or cause to access and/or visit the Web Site ("you/your").

Your usage, access, visit or shopping at the Web Site ("collectively referred to as "these Sites") is on express condition that you accept without variation the terms and conditions set out herein. The information contained in these web pages may be amended by us from time to time without notice to you. You need to review these web pages each time you use these Sites.

Your usage, access, visits or shopping at these Sites constitutes your agreement to all the terms and conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use these Sites.

You are hereby granted a limited, non-transferable licence to use this site in accordance with the terms and conditions of this User Agreement.

1. YOUR OBLIGATIONS
You agree to :
  1. keep your Username and Password secure and protected from unauthorized access or use.
  2. immediately notify ProHighway Travel Sdn Bhd (Co. No. 7755-P) if you become aware of, or suspect, any unauthorized access to your Username and Password, or any other breach of security. ProHighway Travel Sdn Bhd (Co. No. 7755-P) will not be liable for any loss that you may incur as a result of any unauthorized usage of your Username or Password or account, either with or without your knowledge;
  3. maintain and promptly update your Account to keep it true, accurate, current and complete;
  4. to bear full financial responsibility for all uses of these Sites by you and those using your login and credit card information, including but not limited to minors living with you and to supervise all usage by such minors of these Sites;
  5. to use the information available on or from these Sites for non-commercial use and information purposes only. Any unauthorized commercial use of the information or services provided through these Sites is expressly prohibited;
  6. not to use these Sites in a way which interferes with its availability for other users;
  7. not to use the account of any other ProHighway Travel Sdn Bhd (Co. No. 7755-P)’s member, without the express permission of the account holder;
  8. not to use these Sites to make any speculative, false or fraudulent booking/reservation or any booking/reservation in anticipation of demand;
  9. you may not use any device or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the web pages, data or content found on this site without the prior written permission from ProHighway Travel Sdn Bhd (Co. No. 7755-P);
  10. that the travel services reservations facilities of this web site shall be used only to make legitimate reservations or purchases for you or for another person from whom you are legally authorized to act;
  11. assume complete and fully responsible for, and hereby releases ProHighway Travel Sdn Bhd (Co. No. 7755-P) from, any duty of checking and verifying any and all passport, visa vaccination or other entry requirements of each destination, and all safety and security and security conditions of such destination, during the length of the proposed travel.
2. REPRESENTATIONS WARRANTIES
You fully represent and warrant that:
  1. you are of sufficient legal age (18 years old and above) to use these Sites in accordance with all terms and conditions herein and to create binding legal obligations for any liability you may incur as a result of the use of these Sites;
  2. all information supplied by you in using these Sites are complete, true and accurate;
  3. you shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
3. INTELLECTUAL PROPERTY RIGHTS
These Sites and all content on these Sites ("the Content") including without limitation, information, text, photographs, images, graphics, software is the property of either ProHighway Travel Sdn Bhd (Co. No. 7755-P) and/or it’s third party providers, fulfillment providers, airlines, other travel product suppliers or independent supplier(s) ("Suppliers") or the party credited as the provider of such Content and contain ProHighway Travel Sdn Bhd (Co. No. 7755-P)’s and its licensees’ and licensors’ name, trademarks, service marks, and trade names. ProHighway Travel Sdn Bhd (Co. No. 7755-P) owns a copyright in the compilation (meaning its selection, collection, coordination, arrangement, assembly and enhancement) of the Content.

The Content is intended solely for your personal, non-commercial use. You may download one temporary copy of these materials on any single computer and print one copy of the materials for your use in learning about, evaluating, or acquiring ProHighway Travel Sdn Bhd (Co. No. 7755-P)’s (or its licensees or licensors) services or products. No permission is granted to you, or anyone acting on your behalf to copy, print, reproduce, disassemble, upload, download, store, display in public, alter or modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part.

You are also not permitted to use ProHighway Travel Sdn Bhd (Co. No. 7755-P)’s icons, site address (URL), or other means to hyperlink the Content to any other Internet sites without our express permission.

You shall not download, upload, post, export, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any of our computer software or hardware or telecommunications equipment.

ProHighway Travel Sdn Bhd (Co. No. 7755-P), the ProHighway Travel Sdn Bhd logo references herein are trademarks of ProHighway Travel Sdn. Bhd. Save as expressly provided herein, these and other ProHighway Travel Sdn Bhd (Co. No. 7755-P) graphics, logos and service marks and trademarks may not be used without prior written consent of ProHighway Travel Sdn Bhd (Co. No. 7755-P).

All other product and service marks contained herein are the trademarks of their respective owners and may not be used without the prior written consent of their owners.

All rights not expressly granted herein are reserved. This clause shall survive any termination of this Agreement.

4. DISCLAIMER
Your use of these Sites is at your sole risk. These Sites (including the products and services) are provided on an "as is" basis without warranties of any kind and you assume total risk and responsibility for your use of these Sites.

To the maximum extent permitted by law, ProHighway Travel Sdn Bhd (Co. No. 7755-P) assume no responsibility whatsoever and howsoever and specifically disclaims all warranties, express or implied, in respect of these Sites including, but not limited to, merchantability, fitness for a particular purpose, accuracy, completeness, expectation of privacy, non-infringement of intellectual property or other proprietary rights or compatibility between these Sites and any software or hardware.

www.prohighwaytravel.com.my("the Web site") may contain hyperlinks to other web sites ("Other Sites") that are not maintained by ProHighway Travel Sdn Bhd (Co. No. 7755-P). We are not responsible for the Other Sites nor of the accuracy of its contents and thus, cannot guarantee that they will not change their content without our knowledge. The inclusion of a hyperlink in the Web Site does not imply ProHighway Travel Sdn Bhd (Co. No. 7755-P)’s endorsement of the Other Sites.

The Web Site may contain advertisements by third parties. Unless otherwise specifically stated on the Web Site, we do not endorse or make any representation regarding the liability or quality or accuracy of any products or services featured in, or linked to any advertisements that appears on the Web Site.

By utilizing the Web Site, you specifically acknowledge that ProHighway Travel Sdn Bhd (Co. No. 7755-P) is not, and shall not be, liable for any slanderous, offensive, infringing or illegal material of any third party, and ProHighway Travel Sdn Bhd (Co. No. 7755-P) reserves the right to remove such materials from the Web Site without any liability whatsoever.

The information contained in these Sites is subject to change without notice.

ProHighway Travel Sdn Bhd (Co. No. 7755-P) neither warrants nor makes any representations regarding the accuracy or completeness, quality or adequacy of these Sites or of any of the data or information contained in these Sites or that the use of these Sites will be timely, uninterrupted, secure or error free or that any information, data, content, software or other material accessible through these Sites will be free of bugs, viruses, worms, trojan horses or other harmful components. ProHighway Travel Sdn Bhd (Co. No. 7755-P) will not be responsible for any loss resulting from your reliance on any information provided on these Sites.

5. LIMITATION OF LIABILITY
PROHIGHWAY TRAVEL SDN BHD (CO. NO. 7755-P) ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL PROHIGHWAY TRAVEL SDN BHD (CO. NO. 7755-P) NOR ITS SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH:
  1. ANY USE OF THESE SITES OR CONTENT FOUND HEREIN,
  2. ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR BOOKING/RESERVATIONS OR TICKETING) OR INTERFERENCE OF USE OR CORRUPTION OF DATA,
  3. THE PERFORMANCE OR NON PERFORMANCE BY PROHIGHWAY TRAVEL SDN BHD (CO. NO. 7755-P) OR ANY SUPPLIER(S), OR
  4. ANY MATTER BEYOND PROHIGHWAY TRAVEL SDN BHD (CO. NO. 7755-P)’S (OR ITS LICENSEES OR LICENSORS) REASONABLE CONTROL.
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

6. ACKNOWLEDGEMENT
Your acceptance of the entire terms and conditions of ProHighway Travel Sdn Bhd (Co. No. 7755-P) as set out in this Agreement and in particular, Clauses 4 and 5, are fundamental elements of the basis of the bargain between you and ProHighway Travel Sdn Bhd (Co. No. 7755-P), and you agree that ProHighway Travel Sdn Bhd (Co. No. 7755-P) would not otherwise be able to offer the products and services on its present basis without your acceptance of such terms and conditions. This clause shall survive any termination of this Agreement.

7. FORCE MAJEURE
ProHighway Travel Sdn Bhd (Co. No. 7755-P) will not be held liable or any damages or loss arising from any events which are beyond the reasonable control of ProHighway Travel Sdn Bhd (Co. No. 7755-P) or any of its Suppliers. Such an event shall include Acts of God, earthquakes, typhoons, flood, natural disaster or fire, strikes, dangers incidental to sea, land and air travel, government action, compliance with any laws, regulations or orders, default of any Suppliers, civil war, industrial disputes, power failure, hardware and or system failure, malfunction or breakdown, failure of internet transmission or links, system hacking, software contamination, or corruption, howsoever caused.

8. RESTRICTION/ CANCELLATION OF SERVICE
ProHighway Travel Sdn Bhd (Co. No. 7755-P) may, at any time and at its sole discretion and without cause or notice, terminate or restrict your access to any component of these Sites or refuse to give effect to any booking or booking/reservation requested by you, terminate your password, account (or any part thereof) or use of these Sites, and remove and discard any Content within these Sites, without being required to give any reasons or advance notice to you.

Further, you agree that ProHighway Travel Sdn Bhd (Co. No. 7755-P) shall not be liable to you or any third-party for any termination of your access to these Sites.

9. INDEMNITY
You shall indemnify and keep ProHighway Travel Sdn Bhd (Co. No. 7755-P) and/or any of its Suppliers and their officers, directors, employees and agents indemnified against all claims, demands, actions, proceedings made or brought against ProHighway Travel Sdn Bhd (Co. No. 7755-P) arising from your use of these Sites and/or any breach of any term or condition by you.

10. LINKS TO THIRD PARTIES
These Sites may contain hyperlinks to web sites operated by third parties. The inclusion of hyperlinks to any such web sites does not imply ProHighway Travel Sdn Bhd (Co. No. 7755-P)’s endorsement of such web sites nor any association with their operators. ProHighway Travel Sdn Bhd (Co. No. 7755-P) is not responsible for the contents of other web sites linking to any hyperlinked web sites is done at your own risk and subject to the specific terms and conditions (if any) of such hyperlinked sites.

These Sites also may contain advertisements by third parties. Unless otherwise specifically stated on these Sites, we do not endorse or make any representation or warranty regarding the liability or quality or accuracy of any products or services featured in, or linked to any advertisements that appears on these Sites.

11. VARIATIONS
ProHighway Travel Sdn Bhd (Co. No. 7755-P) reserves the right to change the terms, conditions, and policies under which ProHighway Travel Sdn Bhd (Co. No. 7755-P)’s products and services are offered. You are responsible for regularly reviewing these terms and conditions including such additional, modified or varied terms posted from time to time.

Your continued use of these Sites shall constitute your acceptance of the terms and conditions, as modified.

12. SEVERABILITY
Any provision of this Agreement which is invalid, prohibited or unenforceable shall:
  1. be ineffective to the extent of the invalidity, prohibition or unenforceability;
  2. not invalidate the remaining provisions of this Agreement; and
  3. such provision shall nonetheless be applicable or enforceable to the fullest extend permitted by law.
13. RELATIONSHIP BETWEEN THE PARTIES
No joint venture, partnership, employment or agency relationship exists between you and ProHighway Travel Sdn Bhd (Co. No. 7755-P) as a result of this Agreement of your use and/or access, visit or shopping at these Sites.

14. ADDITIONAL/SPECIFIC TERMS AND CONDITIONS
Additional terms and conditions and policies posted on these Sites may apply to your booking/reservations and purchase of ProHighway Travel Sdn Bhd (Co. No. 7755-P)’s products and services and use of other components of the Sites and you agree to abide by these terms, conditions and policies and other components of these Sites.

15. NON-ASSIGNMENT
You may not assign, convey, sub-contract, delegate or substitute howsoever your rights, duties or obligations hereunder the Agreement.

16. MODIFICATION
ProHighway Travel Sdn Bhd (Co. No. 7755-P) may at any time modify these terms and conditions without notice to you and your usage of these Sites shall be conditioned upon the terms and conditions in force at the time of your use.

17. ENTIRE AGREEMENT
Subject to Clause 14 of Part A of this Agreement, this Agreement (including Parts A to D) constitute the entire agreement between the parties in respect of its subject matter and supersedes all prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified except by us herein.

18. GOVERNING LAW/CONFLICT OF LAW
This Agreement and the relationship between ProHighway Travel Sdn Bhd (Co. No. 7755-P) and you shall be governed by and construed in accordance with the laws of Malaysia without regard to any of its conflict of laws provisions and you irrevocably consent and submit to the personal and exclusive jurisdiction of the Malaysian courts.

Part B Terms And Conditions Of Purchase

Introduction.
Please note that the booking/reservation and purchase of all our products and services (collectively referred to as "the Travel Products") are subject to the following terms and conditions AND other terms imposed by our third party providers, fulfillment providers, airlines, other travel products and independent supplier(s) ("Supplier") from time to time ("Supplier Terms").
By effecting a booking of the Travel Products through these Sites, you expressly agree to be bound by terms and conditions herein and the Supplier Terms.

1. MEMBERSHIP
You may only make bookings or reservations for our Travel Products or booking/reservation requests upon registration as a member of ProHighway Travel Sdn Bhd (Co. No. 7755-P). Membership is not transferable but a member may make bookings on behalf of non-member(s). You agree to bear full financial responsibility for all usage, access, visit or shopping at these Sites using your login and credit card information, including but not limited to usage by minors living with you.

2. CHANGES TO RATES
The rates quoted in respect of the Travel Products are subject to change without notice.

3. REMOVAL OF TRAVEL PRODUCTS
ProHighway Travel Sdn Bhd (Co. No. 7755-P) reserves the right at any time and from time to time to remove, modify or discontinue, temporarily or permanently the Travel Products (or any part thereof) with or without notice. You agree that ProHighway Travel Sdn Bhd (Co. No. 7755-P) shall not be liable to you or to any third party in any way for any modification suspension or discontinuance of the Travel Products.

Part C Specific Terms And Conditions Applicable For Tours, Transfer And Hotel Products

Introduction.
In addition to Supplier Terms, the following terms and conditions are applicable to the Tours, Transfers and Hotel Products.

1. PAYMENT
Payment may be made by either online or offline settlement mode(s).
You must make payment for the Travel Product IN FULL in the manner specified before your booking/reservation can be confirmed by us.

2. CHANGES TO 2. CURRENCY
You may make payment in Malaysia Ringgit (MYR) which is supported on these Sites. The applicable exchange rates of the supported currencies shall be determined at the sole discretion of ProHighway Travel Sdn Bhd (Co. No. 7755-P) from time to time.

3. BOOKING/RESERVATION REQUESTS
In order for us to process your booking/reservation request, you are required to provide details of your credit card. Submission of your booking/request shall be deemed to be IRREVOCABLE AUTHORIZATION by you for ProHighway Travel Sdn Bhd (Co. No. 7755-P) to book the Travel Product(s) immediately on your behalf and charge your credit card for full payment upon receipt of the Supplier’s confirmation of the availability of your requested Travel Product(s). However, ProHighway Travel Sdn Bhd (Co. No. 7755-P) will not automatically charge your credit card and make a booking/reservation on your behalf where there is a difference in the quoted rates.

Part D Specific Terms and Conditions Applicable for Car Rentals

Introduction.
In addition to the Suppliers’ Terms, the following terms and conditions are applicable for car rentals:

1. DEPOSIT/GUARANTEE
You are not required to pay in full to book/reserve the rental of any of the cars from the Supplier. However, depending on the car selected by you, you may be required to pay a deposit or make a guarantee during the reservation process as follows

2. CHANGES
You can only make changes to your reservation online by canceling your reservation and making a new reservation through ProHighway Travel Sdn Bhd (Co. No. 7755-P)’s reservation system. You agree not to hold ProHighway Travel Sdn Bhd (Co. No. 7755-P) liable in the event you fail to secure previously reserved rental rates and/or rental periods while effecting such new reservation.

3. CANCELLATION
All cancellations are subject to the cancellation policies and regulations stipulated by the specific of Suppliers. You are liable for any additional charges or expenses imposed by the Suppliers in respect of such changes or cancellation. Refunds, if any, shall be made by the Suppliers directly to you based on their own applicable refund policies. You are to contact the relevant Suppliers directly for any queries regarding your refund.



User Agreement last revised 25 February 2009.