Terms of Use

Effective from: 29 Jan 2021

This Terms of Use (the “Terms”) govern the use of the Topbus website and any other website or online service that links to these Terms, including any content, functionality, products, and services offered on or through parcel.easybook.com (collectively, the “Website”). These terms constitute an agreement between you and Topbus (M) Sdn Bhd, a company incorporated in Malaysia ("Topbus", "we" or "us").

By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by this Terms, our Privacy Policy, such other terms, and conditions and/or information that we have published on the Website ( collectively the “Topbus’s Terms and Conditions”).

If you do not agree to Topbus’s Terms and Conditions, you must not access or use or obtain goods, services, or products from this Website.

Content

We may modify, amend, update the content of the Website from time to time. Any reliance on the content of this Website is at your own risk. We shall not be held responsible for the accuracy, completeness of the information on the Website.

Intellectual Property

• All editorial content, information, photographs, illustrations, artwork, and other graphic materials, and names, logos, and trademarks on this Website are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds, or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated whether in whole or in part unless expressly permitted by us and/or our suppliers, as the case may be.
• Nothing contained on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without our written permission. Misuse of any trademarks or any other content displayed on the Website is prohibited.
• We will not hesitate to take legal action against any unauthorised usage of its trademarks, name, or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

Website Usage

• You may use the Website only for lawful purposes and in accordance with this Terms. You agree not to use the Website:
  • In any way that violates any applicable law or regulation;
  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Topbus or users of the Website or expose them to liability.
• You further agree not to: -
  • reproduce, copy, distribute, modify, publish, transmit, display, use, reuse, re-publicize, assign, sublicense, sell, or exploit for any public or commercial purpose, any portion of the Website, use or access to the Website.
  • attempt to change, add to, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on this Website; and/or
  • access or use this Website in any way that could or is intended to damage or impair the Website, or any server or network underlying the Website, or interfere with anyone else's use and enjoyment of the Website;
  • access or use this Website in any way that may in breach of the Topbus’s Terms and Conditions.

Minor

This Website is offered and available to users who are 18 years of age or older. The Website is not intended for any individual that is under 18 years of age. By using this Website, you represent and warrant that you (i) are 18 years of age or older, (ii) are not barred to use the Website under any applicable law, and (iii) are using the Website only for your personal use. If you do not meet these requirements, you must not access or use the Website.

Product, Services, Transaction, and Payment

The Website may contain the products and/or services offered by Topbus or our service providers (“Services”). You are to take note that individual or specific terms and conditions will be imposed on such Services and that you shall from time to time, read such terms and conditions carefully before complete the transaction, including making payment for the Services. Your completion of the payment for the Service shall signify your agreement to abide by the terms and conditions imposed.

Personal Data

Our Privacy Policy sets out how your personal data that you may provide or that we may collect is being processed, in connection with your access or use of this Website. The policy is available on the Website. You accept and agree to the terms set out in the policy and consent to the collection, use, and disclosure of your data following the policy.

Link

• If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party’s websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.
• You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website, you do so at your own risk and this Terms will apply to your use of this Website by linking to it.
• For your convenience, we may include hyperlinks to other websites or content on the Website that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

Security

Some features or functions of the Website may require an user account registered with us. You shall fully be responsible for the password and credentials of the account to prevent any unauthorized access and threats. You shall immediately notify us once you notice any threats and unauthorize access to the account.

Disclaimer & Liability

• This Website, the Services, the information on this Website, any website that is linked to the Website and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this Website and its contents, including concerning any inaccuracies or omissions in this Website, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
• We do not warrant that this Website will always be accessible, uninterrupted, timely, secure, error-free, or free from computer virus or other invasive or damaging code or that this Website will not be affected by any Acts of God or other force majeure events, including the inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. While we may use reasonable efforts to include accurate and up-to-date information on this Website, we make no warranties or representations as to its accuracy, timeliness, or completeness.
• Notwithstanding our efforts to ensure that our Website and/or system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Website, or electronic mail transmitted to and from us, will not be monitored or read by others.
• All such technology is provided "as is" without any warranty. Specifically, and without limitation, we do not warrant that any such technology is virus-free, without defects, compatibility, or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation, or use of any such technology, and the general exclusions and limitations above apply to such downloading, installation, or use by you.
• SAVE TO THE EXTENT AS PERMITTED BY THE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING, ARISES FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE WEBSITE, ANY WEBSITE LINK TO THE WEBSITE, THE CONTENTS OF THE WEBSITE, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Without further prejudice to what is set out in these terms, the maximum liability of Topbus will be limited to the amount that you have paid to Topbus of the relevant transaction.

Indemnification

You agree to defend, indemnify and hold harmless Topbus, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your violation of this Terms or your use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in this Terms or your use of any information obtained from the Website.

Violation of the Term

Topbus shall reserve the rights to withhold, suspend, prohibit, block, terminate your access to the Website, including your user account, if we are of the view that you have or suspected to have breached any of Topbus’s Terms and Conditions as available on the Website. We also reserve our rights to take further legal action against you for the breaches as we deem necessary.

Governing Law & Dispute Resolution

This Website may be accessed from all countries around the world where the local technology permits. As each country has differing laws, by accessing this Website both we and you agree that the laws of Malaysia, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Terms. You accept and agree to submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute or difference arising out of and/or in connection with this Terms.

Amendment and Updates

This Terms may be modified from time to time. Any modifications to this Terms will be effective upon posting. You should, therefore, read this Terms before you enter into any transaction or interaction with us, and expected to check this page frequently so you are aware of any changes that are binding on you. Your continued use of the Website after any modifications to the Terms indicates your acceptance of the modified Terms.

Feedback

You may communicate your feedback, comments, requests for technical support, and other communications relating to the Websites by emailing enquiry@easybook.com.