Access and Use of the Services
Ownership of Content
This Website, the domain name (playpenang.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by PlayPenang in connection therewith are owned and operated by PlayPenang.
Provision and Accessibility of Services
If you link to this Website, PlayPenang may revoke your rights to so link at any time, at PlayPenang’s sole discretion. PlayPenang reserves the right to require prior written consent before linking to this Website.
Website and Content
Use of the Content
If PlayPenang agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. PlayPenang may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
Intellectual Property Rights
All intellectual property rights subsisting in respect of this Website belong to PlayPenang or have been licensed to PlayPenang for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from PlayPenang or from the copyright holder identified in such Contents copyright notice.
Uploading of Information
Users Representations, Warranties and Undertakings
Use of this Website and the Services
You represent, warrant and undertake to PlayPenang that you will not provide any User Submissions or otherwise use this Website or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without PlayPenang’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of PlayPenang; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, files, or program.
Removal of User Submissions
PlayPenang reserves the right to remove any User Submissions from this Website at any time, for any reason, including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if PlayPenang is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
Responsibility for User Submissions
You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with this Website.
You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to PlayPenang that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this Website and/or the Services; or (b) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website; or (c) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (d) Run maillist, listserv, or any other form of auto-responder, or "spam" on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Website’s infrastructure; or (e) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of this Website; or (f) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
Registration and Security
Opening of the PlayPenang Account 8.1.1 In the course of using the Services, you may be required to open and maintain an account with PlayPenang (“PlayPenang Account”).
Provision of Personal Information
As a condition to using some aspects of the Services, you may be required to register with PlayPenang and select a password and email address (“PlayPenang User ID”). If you are accessing the Services through a Third Party Website or service, PlayPenang may require that your PlayPenang User ID be the same as your user name for such Third Party Website or service.
You represent that you shall not: (a) Select or use as a PlayPenang User ID a name of another person with the intent to impersonate that person; or (b) Use as a PlayPenang User ID a name subject to any rights of a person other than you without appropriate authorization.
PlayPenang reserves the right to refuse registration of or to cancel a PlayPenang Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
Reviews - Further correspondence - Rights to User Content
By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the PlayPenang platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Each account may only submit one review per activity booked once or multiple times within the same calendar month.
By posting a review, you grant PlayPenang the full, perpetual, free, transferable and irrevocable rights to all submitted user content. PlayPenang reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that
you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform;
such content is accurate and not misleading; and
Booking Confirmation, Tickets, Fees and Payment
Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Website is solely for reference only. Actual time required for confirmation may vary.
Purchase and Use of the Tickets
Through this Website, you may purchase entrance tickets from PlayPenang for the Services (“Ticket”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Ticket confirmation number (“Confirmation Number”) and a printable version of your Ticket.
In order to use your Ticket, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your Confirmation Number and/or your printed Ticket. If you are unable to utilise the tickets on time, you can choose to contact us to reschedule visiting date 30 days before redemption date.
An Operator may also require you to provide an identification document bearing your photo in order to use your Ticket. Neither PlayPenang nor the Operator is responsible for lost, destroyed or stolen Ticket or Confirmation Numbers. Tickets will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Ticket in an unlawful manner (e.g., you attempt to use a Ticket for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.
Terms of the Tickets
Tickets are admission tickets to one-time event ('Events'): the date(s) on which a Ticket can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.
Cancelation of Vouchers
You may cancel your Voucher by contacting PlayPenang customer service within the cancellation period (30 days prior to admission date), as stated at the time of purchase on the Website. Cancelation windows vary on a case by case basis. A Voucher canceled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.
The Operator, not PlayPenang, is the offeror of the Services for the Events, to which the Vouchers correspond to, and is solely responsible for accepting or rejecting any Voucher you purchase, as related to all such Services.
Please directly consult with the Operator if you have any enquiries or complaints in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the Website at the time prior to purchase.
If an Event which you have purchased a Voucher for is canceled by the Operator, PlayPenang will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.
PlayPenang reserves the right to require payment of fees or charges for any Services offered by PlayPenang. You shall pay all applicable fees or charges, as described on this Website in connection with such Services selected by you.
Modifications to Charges
PlayPenang reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this Website. Your use, or continued use, of the Services offered by PlayPenang following such notification constitutes your acceptance of any new or revised fees or charges.
PlayPenang’s Rights and Obligations
PlayPenang reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at PlayPenang’s sole discretion.
PlayPenang intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
Whilst the Operators are required to provide PlayPenang with accurate and updated prices of the Services on this Website, PlayPenang cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
The above terms and conditions & return policies are applicable to all PlayPenang users worldwide.
PlayPenang E-Tickets are coupons with a one-time use that will be sent to your designated email address or applied directly to your PlayPenang Account, which may be used in exchange for discounts off future bookings on the PlayPenang Booking Platform.
PlayPenang may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of PlayPenang without PlayPenang’s prior written approval. PlayPenang reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.
Disclaimers and Limitation of Liability
PlayPenang has no special relationship with or fiduciary duty to you for accessing and using this Website and the Content. You acknowledge that PlayPenang has no control over, and no duty to take any action regarding: (a) Which users gain access to this Website; (b) What content you access via this Website; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content.
Services and Comments
You acknowledge and agree that the Operators may offer the Services on this Website, and that suggestions or recommendations may be given by the Operators or Users of this Website. PlayPenang makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through this Website.
Exemption of Liability
These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
This Website, including all content, software, functions, materials and information made available on or accessed through this Website, is provided on an "as is" basis. To the fullest extent permissible by applicable law, PlayPenang makes no representations or warranties of any kind, either express or implied, including but not limited to the content on this Website or the materials, information and functions made accessible through this Website, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
You acknowledge and agree that you will not hold or seek to hold PlayPenang responsible for the content provided by any Operator or third party and you further acknowledge and agree that PlayPenang is not a party to any transaction in relation to the Services provided by any Operator or third party. PlayPenang has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on this Website.
In any event, to the fullest extent permissible by the applicable law, PlayPenang’s liability, and the liability of any member of PlayPenang, to you or any third party in any circumstance arising out of or in connection with this Website is limited to the greater of: (a) The amount of fees you paid to PlayPenang in the twelve months prior to the action giving rise to liability; or (b) Ringgit Malaysia 250.00 in the aggregate for all claims.
Interaction with Third Parties
Links to Third Party Websites
This Website may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by PlayPenang, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by PlayPenang of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
PlayPenang has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, PlayPenang will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold PlayPenang harmless from any and all liability arising from your use of any Third Party Website.
Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that PlayPenang shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that PlayPenang is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release PlayPenang, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
In order to ensure adequate operational support for customers in respect of refunds and cancelations (where applicable), the following PlayPenang entities shall be responsible for transactions conducted in the following currencies:
in respect of transactions in MYR, PlayDestinations Sdn. Bhd.;
in respect of transactions conducted in all other currencies, PlayDestinations Sdn. Bhd.
Termination by PlayPenang
Effects of Termination
Passports, Visas & Insurances
It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
As visa and health requirements are subject to changes without notice, PlayPenang recommends that you verify health and visa requirements with the appropriate consulate prior to departure. 19.1.3 PlayPenang strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.