MOUNTKINABALU.COM does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the site or any content, search or link on it. The site and its content are delivered on an "as-is" and "as-available" basis.
MOUNTKINABALU.COM cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. MOUNTKINABALU.COM disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose.
MOUNTKINABALU.COM will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. MOUNTKINABALU.COM makes no guarantee of any specific result from use of this site.
Limitation of Liability
MOUNTKINABALU.COM assumes no responsibility, and shall not be liable for, any damages 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 MOUNTKINABALU.COM or any third party suppliers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings), howsoever arising including but without limitation (i) any use of the site or content found herein, (ii) any failure or delay, or (iii) the performance or non performance by MOUNTKINABALU.COM or any third party supplier including but not limited to, non performance resulting from bankruptcy, reorganisation, insolvency, dissolution, or liquidation.
If, not withstanding the foregoing, MOUNTKINABALU.COM or any third party supplier should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of MOUNTKINABALU.COM and the third party suppliers shall in no event exceed, in the aggregate, the amount of the original price paid for the holiday or travel service.
Errors and Omissions
MOUNTKINABALU.COM will use best endeavours to correct any errors and omissions as soon as practicable after having been placed on notice of same. For example a price, product, service or other detail displayed or presented on this web-site may result in a price, product, or service or other detail being incorrect. Where this occurs, MOUNTKINABALU.COM reserves the right to cancel any contract with you, without any liability to you.
Governing Law
This Agreement and its performance shall be governed by the laws of Malaysia and subject to the jurisdiction of the High Courts of Malaysia.
Termination
MOUNTKINABALU.COM may terminate your use of this Site and these terms and conditions and / or the provision of any of the Services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not aeffect any right to relief to which MOUNTKINABALU.COM and its third party suppliers may be entitled, at law or in equity.
