The Venuescape Terms of Service and Use
1.0 AGREEMENT TO ACCESS
1.1 Venuescape provides an online platform that connects owners who have venues to rent with customers seeking to rent such venues and/or any other ancillary or related services, which are accessible at http://www.venuescape.my and any other websites through which Venuescape makes its services available (the "Website") and as applications for mobile and other devices ("Application") (collectively, the "Services").
1.3 If you do not agree to these Terms of Service and Use, you have no right to obtain information from or otherwise continue using the Website, Application and/or Services. Failure to use the Website, Application and/or Services in accordance with these Terms of Service and Use may subject you to civil and criminal penalties.
2.1 The following terminology applies to these Terms of Service and Use and any or all agreements:
“Booking Request” means when a request for quotation is made by a Customer through the Website, Application and/or Services and the Venue Owner may decide to confirm or reject the said request.
“Collective Content” means Venue Owner Content and Venuescape Content.
“Confirmed Booking” means when a Venue Owner confirms a Booking Request and the Customer pays the Total Fees or part thereof to Venuescape.
“Content” includes without limitation any text, graphics, images, music, software, audio, video, interactive features, information or other materials.
“Customer”, “you” and “your”, as applicable, means a person who accesses, uses, and/or participates in the Website, Application and Services in any manner whatsoever and accepting the Terms of Service and Use;
“Facilitation Fees” means the fee that Venuescape charges a Venue Owner for the use of the Website, Application and/or Services, which is calculated as a percentage of the applicable Listing Fees. The Facilitation Fees will be displayed to the Venue Owner only when the Venue Owner is asked whether to confirm or reject a booking request from a prospective Customer.
"Listing" means a venue that is listed by a Venue Owner as available for rental through the Website, Application and/or Services.
“Listing Fees” means the amounts that are due and payable by the Customer in exchange of the use of the Listing and it shall already include any Taxes that the Venue Owner determines that he or she has to collect or any other incidental charges save for Security Deposit.
“Miscellaneous Services” means any other services rendered by Venuescape and our partners, affiliates and/or service providers, which is other than the booking of a Listing through the Website, Application and Services.
“Security Deposit” means an amount to be determined by the Venue Owner to be payable to Venuescape to secure the due observance and performance of all the terms, conditions, rules and restrictions associated with such Listing imposed by the Venue Owner.
“Total Fees” means collectively Listing Fees plus Security Deposit, if any.
“Venuescape”, “our”, “we” and “us” means Venuescape Management Sdn. Bhd. (Company No. 1144023-V), a company incorporated in Malaysia under the Companies Act, 1965 having its registered address at DF2-7-01, Level 7, Persoft Tower, 6B, Persiaran Tropicana, 47410 Petaling Jaya, Malaysia.
“Venue Owner” means any individual or company that has created a Listing via the Website, Application and/or Services.
“Venue Owner Content” means all Content created, provided or made available by the Venue Owner including Content posted, uploaded, published, submitted, transmitted or included by the Venue Owner in their Listing or Venue Owner profile.
“Venuescape Content” means all Content created, provided or made available by Venuescape.
Unless the context otherwise requires, words denoting the singular number shall include the plural and vice versa and words denoting natural person shall include corporations and partnerships.
Words denoting the masculine gender shall include the feminine and neuter genders and vice versa.
3.0 DESCRIPTION OF SERVICES AND EVENT MANAGEMENT SERVICES
3.1 You acknowledge that the Services functions as an online platform or marketplace with related technology for Customers and Venue Owners to meet online and arrange for bookings of Listings and to enter into rental agreements or other transactions directly with each other. Venuescape will facilitate and assist the Customers and Venue Owners in respect of the booking and confirmation of any Listing.
3.2 If you have any special requests in relation to and connection with any Listings, you must submit them to Venuescape at the time of booking of your reservation. We will pass along any requests we deem reasonable to the relevant Venue Owners. However, we cannot guarantee and you accept our said qualification herein, that the Venue Owners will fulfil such requests, as the requested services or amenities may not be available. That being the case, Venuescape shall not be liable for any failure to fulfil a special request, or accept a cancelation due to any special request not being met. For the avoidance of doubt, Venuescape does not accept Booking Requests conditioned or contingent on the fulfilment of a special request. We will deem any such booking a “regular” booking with the special request handled in the manner stated herein.
3.3 Venuescape is not a Venue Owner who can own, sell, re-sell, furnish, provide, rent, re-rent, manage and/or control the Listing, and is not a Customer. Unless explicitly specified otherwise in Venuescape’s online platform, Venuescape's responsibilities are limited to:
b. serving as the limited payment collection agent of each Venue Owner for the purposes of accepting payments from Customers on behalf of the Venue Owners.
3.4 Venuescape does not warrant that the descriptions are accurate, complete, reliable, current or error-free and further does not control the condition, legality or suitability of the Listings. To the extent permissible by applicable laws, Venuescape is not responsible for and disclaims any and all liability related to any and all Listings. Accordingly, any bookings will be made or accepted at the Customer’s own risk.
3.5. Venuescape also provides event management services to Customers (“Event Management Services”) and this shall be governed by separate terms and conditions.
4.0 NO ENDORSEMENT
4.1 Venuescape does not endorse any particular Venue Owner or Listing. You understand that the images and videos are intended only to indicate a photographic representation of the Listing at the time the photograph and videos were taken. Images and videos are therefore not an endorsement by Venuescape of any Venue Owner or Listing. Whilst Venuescape may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Venue Owners and Listings, we do not make any representations about, confirm, or endorse any Venues Owner or Listings.
4.2 By accessing or using the Website, Application and/or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of the Venue Owners or other third parties will be limited to a claim against the particular Venue Owner or other third parties who caused you harm. To the extent permissible by applicable law, you agree not to attempt to impose liability on or seek any legal remedy from Venuescape with respect to such actions or omissions. Accordingly, we encourage you to request for a site visit to view the Listing prior to the confirmation of your Booking Request. This limitation shall not apply to any claim by a Customer against Venuescape regarding any remittance of payments received by Venuescape on behalf of a Venue Owner, which instead shall be subject to the limitation described under Section 15 below.
5.0 BOOKING PROCESS AND FINANCIAL TERMS
5.1 The Venue Owner, and not Venuescape, is solely responsible for honouring any Confirmed Bookings and making available any Listings reserved through the Website, Application and/or Services save for Miscellaneous Services. If you, as a Customer, choose to enter into a transaction with a Venue Owner for the booking of a Listing, you agree and understand that you will be required to enter into an agreement with the Venue Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Listing imposed by the Venue Owner. You acknowledge and agree that you, and not Venuescape, will be responsible for performing the obligations of any such agreements, that Venuescape is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Venuescape disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Venuescape is not a party to the agreement between you and the Venue Owner, Venuescape acts as the Venue Owner's payment collection agent for the limited purpose of accepting payments from you on behalf of the Venue Owner.
5.2 Once a Booking Request is made through the Website, Application and/or Services, Venuescape will process your Booking Request by taking into account your requirements and preferences and forward the same together with other relevant information to the Venue Owners. Venuescape will, not later than 48 hours, process and forward the Venue Owner’s response to the Booking Request to the Customers. The Venue Owner’s response will confirm: (a) whether it accepts or rejects the Booking Request, (b) the Total Fees payable and under what terms of payment and (c) as far as possible answer the entire Customers’ queries relating thereto. Venuescape reserves the right to contact the Customer and/or the Venue Owner directly in respect of any Booking Request made through the Website, Application and Services and/or any other related matters.
5.3 A Booking Request is valid until it is a Confirmed Booking or terminated by any of the Parties.
5.4 Upon your full payment of the Total Fees to Venuescape, your payment obligation to the Venue Owner for the Total Fees is extinguished, and Venuescape is responsible for remitting the Total Fees (less the Security Deposit, Facilitation Fees and any Taxes in respect of the Facilitation Fees), in the manner described in these Terms of Service and Use. In the event that Venuescape does not remit any such amounts as described in these Terms of Service and Use, such Customer will have recourse only against Venuescape only.
6.0 SECURITY DEPOSITS
6.1 Venue Owners may choose to include a Security Deposit in their Listings. Each Listing will describe whether a Security Deposit is required for the applicable Listing. If a Security Deposit is included in a Listing for a Confirmed Booking, and a Venue Owner makes a claim against such Security Deposit, Venuescape will, in its capacity as the payment collection agent of the Venue Owner, use its commercially reasonable efforts to charge the Customer in the amount of the Security Deposit, within a reasonable period of time after the Customer returns the Listing to the Venue Owner but prior to the release of the Security Deposit to the Customer. Venuescape will also use its commercially reasonable efforts to address Venue Owner's requests and claims related to the Security Deposit, but Venuescape is not responsible for administering or accepting any claims by Venue Owners related to Security Deposits, and disclaims any and all liability in this regard.
7.0 PRICING INFORMATION
7.1 Venuescape pre-negotiates certain rates with Venue Owners to facilitate the booking on your behalf. The rates displayed on the Website, Application and/or Services or contained in any quotations or invoices reflect our pre-negotiated rates.
7.2 While Venuescape endeavours to provide accurate pricing information regarding the Listings available on the Website, Application and/or Services, we cannot, however, insure against pricing errors or pricing changes. Venuescape reserves the right, at its sole discretion, not to process or to cancel any bookings placed for a Listing whose price was: (a) incorrectly provided as a result of an error or (b) changed by the Venue Owner. If one of the aforesaid events occurs, Venuescape will notify you the correct pricing as soon as possible. For the avoidance of any doubt, Venuescape does not guarantee that it offers the best available rates for Listings available on the Website, Application and/or Services.
8.0 CANCELLATIONS AND REFUNDS
8.1 If, as a Customer, you wish to cancel a Confirmed Booking made through the Website, Application and/or Services, either prior to or after arriving at the Listing, the cancellation policy of the Venue Owner contained in the applicable Listing will apply to such cancellation. Our ability to refund the Total Fees and other amounts charged to you (less the Facilitation Fees and any Taxes in respect of the Facilitation Fees) will depend upon the terms of the applicable cancellation policy. The Facilitation Fee and any Taxes in respect of the Facilitation Fees is non-refundable regardless of the cancellation policy selected by the Venue Owner.
8.2 If a Venue Owner cancels a Confirmed Booking made through the Website, Application and/or Services, (a) Venuescape will refund the Total Fees for such booking to the applicable Customer within a commercially reasonable time of the cancellation, and (b) the Customer will receive an e-mail or other communication from Venuescape containing alternative Listings and other related information. If the Customer requests a booking from one of the alternative Listings and the Venue Owner associated with such alternative Listing confirms the Customer's Booking Request, then the Customer agrees to pay Venuescape the Total Fees relating to the Confirmed Booking for the alternative Listing, in accordance with these Terms of Service and Use. If a Venue Owner has cancelled a Confirmed Booking and you, as a Customer, have not received an e-mail or other communication from Venuescape, please contact Venuescape.
8.3 In certain circumstances including but not limited to the circumstances described in Section 21, Venuescape may decide, in its sole discretion, that it is necessary or desirable to cancel a Confirmed Booking made through the Website, Application and/or Services. Venuescape may, in its sole discretion, decide whether or not to refund the Total Fees in whatever proportions to the Consumer. You agree that Venuescape and the relevant Customer or Venue Owner will not have any liability for such cancellations or refunds.
9.0 OVERSTAYING WITHOUT THE VENUE OWNER'S CONSENT
9.1 Customers agree that a Confirmed Booking is merely a license granted by the Venue Owner to the Customer to enter and use the Listing for the limited duration of the Confirmed Booking and in accordance with the Customer's agreement with the Venue Owner. Customers further agree to leave the Listing no later than the checkout time that the Venue Owner specifies in the Listing or such other time as mutually agreed upon between the Venue Owner and the Customer. If a Customer stays past the agreed upon checkout time without the Venue Owner's consent, the Customer no longer has a license to stay in or use the Listing and the Venue Owner is entitled to make the Customer leave. In addition, Customers agree that the Venue Owner can charge the Customer, for each 24 hour period that the Customer stays over the agreed period without the Venue Owner's consent, an additional fee of two times the average full day fee originally paid by the Customer to cover the inconvenience suffered by the Venue Owner, plus all applicable fees, taxes, and any legal expenses incurred by the Venue Owner to make the Customer leave (collectively, "Additional Sums"). The Customers agree that Venuescape, in its role as limited collection agent for the Venue Owner, shall charge the Customer's credit card or other payment methods it has on file to collect these Additional Sums. In addition, Venuescape may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Customer's credit card or other payment method on file.
10.0 LINKS TO AND FROM OTHER WEBSITES
10.1 Any links to third party websites located in the Website and/or Application are provided for your convenience only. We have not, reviewed each third party website and have no responsibility for such third party websites (including our affiliated sites) or their content. We do not endorse the third party websites (including our affiliated sites) or make representations about them or any material contained in them. If you choose to access a third party website (including our affiliates’ sites) linked to from this website doing so is at your own risk. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware of this when they leave our Website or Application and to read the privacy statements of these other sites. You should evaluate the security and trustworthiness of any other site connected to this Website or Application or accessed through this site yourself, before disclosing any personal information to them. Venuescape will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
10.3 Links to other websites may contain affiliate links. If so, we may receive a commission if you purchase a particular product or take a particular action.
10.4 If you would like to link to the Website, Application and/or Services, you may only do so subject inter alia to the following conditions:
a. you do not in any way imply that we are endorsing any product or services unless this has been specifically agreed with us;
b. you do not misrepresent your relationship with us or present any false information about us;
c. you do not link from a website that is not owned by you; and
d. your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with any applicable laws.
10.5 If you choose to link to our Website, Application and/or Services in breach of Section 10 hereof, you shall fully indemnify and keep us fully indemnified for any and all claims, losses, expenses, costs and/or or damages suffered as a result of your actions.
11. VISITOR CONDUCT
(a) violate any laws, regulations, rules or directive issued by any governmental body or any order of a court; use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape" "crawl" or "spider" any web pages or other services contained in the Website, Application, Services or Collective Content;
(c) use the Website, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms of Service and Use;
(d) copy, store or otherwise access or use any information contained on the Website, Application, Services or Collective Content for purposes not expressly permitted by these Terms of Service and Use;
(e) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(f) interfere with or damage our Website, Application and/or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(g) use our Website, Application and/or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(h) use our Website, Application, Services or Collective Content in connection with the distribution of unsolicited commercial e-mail ("spam") or advertisements unrelated to Listings and Other Services;
(i) "stalk" or harass any other user of our Website, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Customer or Venue Owner;
(j) offer, as a Venue Owner, any Listing that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not put up Listings as a Venue Owner if you are serving in the capacity of a rental agent or listing agent for a third party);
(k) offer, as a Venue Owner, any Listing that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
(l) contact a Venue Owner for any purpose other than asking a question related to a booking, such Venue Owner's Listings;
(m) contact a Customer for any purpose other than asking a question related to a booking or such Customer's use of the Website, Application and/or Services;
(n) recruit or otherwise solicit any Venue Owner to join third-party services or websites that are competitive to Venuescape, without Venuescape’s prior written approval;
(o) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(p) use automated scripts to collect information from or otherwise interact with the Website, Application, Services or Collective Content;
(q) use the Website, Application, Services or Collective Content to find a Venue Owner or Customer and then complete a booking of a Listing independent of the Website, Application and/or Services, in order to circumvent the obligation to pay any Facilitation Fees and other incidental charges to Venuescape or for any other reasons;
(r) as a Venue Owner, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
(s) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
(t) systematically retrieve data or other content from our Website, Application and/or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(u)use, display, mirror or frame the Website, Application, Services or Collective Content, or any individual element within the Website, Application, Services or Collective Content, Venuescape's name, any Venuescape trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Website, Application and/or Services, without Venuescape's express written consent;
(v) access, tamper with, or use non-public areas of the Website, Application and/or Services, Venuescape's computer systems, or the technical delivery systems of Venuescape's providers;
(w) attempt to probe, scan, or test the vulnerability of any Venuescape system or network or breach any security or authentication measures;
(x) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Venuescape or any of Venuescape's providers or any other third party (including another user) to protect the Website, Application, Services or Collective Content;
(y) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Application, Services or Collective Content to send altered, deceptive or false source-identifying information;
(z) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Application, Services or Collective Content;
(aa) advocate, encourage, or assist any third party in doing any of the foregoing;
(bb) accept or make a payment for Listing Fees outside Venuescape. If you do so, you acknowledge and agree that you: (a) would be in breach of these Terms of Service and Use; (b) accept all risks and responsibility for such payment, and (c) hold Venuescape harmless from any liability for such payment.
11.2 Although Venuescape does not have a policy of reviewing any messages, content or information which users of Venuescape may post thereon from time to time, your attention is drawn to the fact that Venuescape fully reserves the right to monitor all postings and to remove or to decline to accept any e-mail or postings from the Website, Application and/or Services if we decide that such postings are in contravention of the law or of this Section herein.
11.3 We will also fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to our Website, Application and/or Services in breach of these Terms of Service and Use.
11.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
11.5 By posting content to the Website, Application and/or Services, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use.
12. LOG FILES
12.1 We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties (save for our partners, affiliates and/or service providers) and is used only within Venuescape on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
14. COPYRIGHT NOTICE
14.1 The copyright and other intellectual property rights in all material on this website are owned by us or our licensors or otherwise licensed to us and must not be reproduced without our prior written consent. The material in the Website, Application and/or Services includes but is not limited to, the design, layout, look, appearance and graphics. Subject to the paragraph below, no part of this and Website, Application and/or Services may be reproduced without our prior written permission.
14.2 You are permitted to use the Website, Application and/or Services for your own personal use and to print and download material from this website provided that you do not modify any content without our consent. You are also free to bookmark and share links directing others to the content on this website. Material on the Website, Application and/or Services must not otherwise be reproduced or republished, either online or offline, without our permission.
14.3 All trademarks, brand names and specific services of Venuescape’s featured on the Website, Application and/or Services are owned exclusively by us.
15.0 LIMITATION OF LIABILITY
15.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website, Application, Services and Collective Content and the Listing or booking of any Listing via the Website, Application and/or Services remains with you. Neither Venuescape nor any other party involved in creating, producing, or delivering the Website, Application, Services and Collective Content will be liable for any cost, claim, liability, expense, demand or damages whatsoever including but not limited to any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms of Service and Use, from the use of or inability to use the Website, Application, Services, or Collective Content, or from your Listing or booking of any Listing via the Website, Application and/or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Venuescape has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
15.2 Without limiting the other provision in this Clause 15, in the event Venuescape is held liable to you for any reason whatsoever, Venuescape’s total liability to you for all losses, damages, and causes of action (in contract, tort including without limitation, negligence, product liability and strict liability, or otherwise) will not be greater than the amount you paid to access or use the Website, Application and/or Services.
16.1 You agree to release, defend, indemnify, and hold Venuescape and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Website, Application, Services, or Collective Content or your violation of these Terms of Service and Use; (b) your (i) booking of a Listing or (ii) creation of a Listing; and (c) the use, condition or rental of a Listing by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Listing.
17. BINDING CONTRACT
17.1 These Terms of Service and Use have been executed and delivered by you and constitute a valid and binding agreement between Venuescape and you, enforceable against you in accordance with their terms.
17.2 By accessing or using the Website, Application and/or Services you represent and warrant that:
- you are 18 or older;
- you have the authority to enter into a binding contract with us and accept these Terms of Service and Use; and
- any registration information that you submit to us is true, accurate and complete.
18. PRIVACY STATEMENT
19. CHANGES TO THE TERMS OF SERVICE AND USE
19.1 Venuescape reserves the right, at its sole discretion, to change the Services or these Terms of Service and Use at any time and the Customer shall be bound to observe and comply with any such changes. Notice of such changes [may] be given to the Customer and/or up-dated in the Website or Application but the changes shall take effect from the date the changes were made. By continuing to access or use the Website, Application and/or Services after we have posted a change on the Website or Application or have provided you with notice of a change, you are indicating your acceptance of these changes and that you agree to be bound by the modified Terms of Service and Use. If such changes are not acceptable to you, your only recourse is to cease using the Website, Application and/or Services.
20.1 If any provision of these Terms of Service and Use or part thereof has been rendered invalid, enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
21. FORCE MAJEURE
21.1 No party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.
22. NO WAIVER
22.1 Venuescape’s failure to insist upon strict performance of any provision of this or any agreement or our failure to exercise any right or remedy to which we are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by Venuescape.
23. GOVERNING LAW AND JURISDICTION
23.1 The parties declare and agree that the Terms of Service and Use contained herein shall be governed and construed in accordance with the laws of the Malaysia and the parties hereby submit to the exclusive jurisdiction of the Malaysian Courts.
24.1 Any notices to be given or other communications to be made to the other party under the terms of these Terms of Service and Use shall be given or made in writing by sending the same by e-mail.