Terms and Conditions of Website Usage
You are reading a legal document which is the agreement between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. We are SCAPTIME CONNECT, registration number (002315153-H) and we are the owner of this website. We are a company with our registered office at Block A-05-04, Sri Camellia Apt, Bandar Puteri Puchong, 47100 Puchong, Selangor, Malaysia(and we refer to ourselves as “SCAPTIME Malaysia”, “we” or “us” or “our” in this document).
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a Purchase/Booking, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online services Purchase/Booking provided on these pages and through the website (the “service”) are owned, operated and provided by Scaptime.com. (“Scaptime.com”, “us”, “we” or “our”) and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
Scope of our Service
Through the website, we (Scaptime.com. and its affiliate (distribution) partners) provide an online platform through which all types of services (for example salon, beauty & spa, F&B, space, sport court ) can advertise their service for Purchase/Booking, and through which visitors to the website can make such Purchase/Booking. By making a Purchase/Booking through Scaptime.com, you enter into a direct (legally binding) contractual relationship with the service provider at which you book. From the point at which you make your Purchase/Booking, we act solely as an intermediary between you and the provider, transmitting the details of your Purchase/Booking to the relevant service provider and sending you a confirmation email for and on behalf of the service provider.
When rendering our services, the information that we disclose is based on the information provided to us by service providers. As such, the service providers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each service provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any service made available.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
Our service is based on commissioning charges. The commissioning charges are charge to service provider once the service was successful Purchased/Booked.
When a Booking transaction is complete: When you go through the procedure for purchase/booking a service, after you have confirmed your acceptance to these terms and conditions and after we have taken payment (by debit card or credit card or whatever) the transaction will be complete only when we email you confirming the transaction (which is our acceptance of the transaction and when a contract for Purchase/Booking is made). We keep a copy of the contract between us. You are welcome to print out these terms and conditions from our Website as a record.
Right to cancel (“cooling off period”): Once we send you the confirmation email, you may cancel the transaction before 7 working days from the day of Purchase/Booking you made. (where a working day is any day that is not a Saturday, Sunday or public holiday in your State or Territory). If you do want to cancel, you must do so by sending us an email to tell us you are cancelling to: customer@SCAPTIME.com. Alternatively, you may write to us. In each case, your cancellation request will only be accepted and processed prior to your Purchase/Booking a service. We also take no responsibility for misdirected cancellation requests, or cancellation requests which are not received within 7 working days from the day of purchase/booking you made.
The Service Provider may cancel your Purchase/Booking prior to in-house booking is full or period of booking not available. Full refund will credit to customer account and customer has the right to Purchase/Booking other service from other Service Provider or transfer/credit to bank, debit or credit card which uses to Purchase/Booking the canceled service.
If you no-show on the Purchase/Booking service period, (pre)paid amount will not refund and the Purchase/Booking of service consider sold/served. You may direct contact Service Provider to re-schedule the Purchase/Booking service and the availability is subject to Service Provider.
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date and period, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your Purchase/Booking and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form.
Ranking and Guest Reviews
The default setting of the ranking of Service Provider on our website is “Recommended” (or any similar wording) (the “Default Ranking”). For your convenience, we also offer other ways to rank the Service Provider. Please note that the Default Ranking is created through a fully automated ranking system (algorithm) and is based on multiple criteria.
The completed guest review may be (a) uploaded onto the relevant property’s information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the accommodations, and (b) (wholly or partly) used and placed by Scaptime.com at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Scaptime.com. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your Purchase/Booking as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the service as made available on our website, (iii) the services rendered or the products offered by the service provider, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the service (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Intellectual property rights
Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by Scaptime.com, its suppliers or providers.
Scaptime.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Scaptime.com. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Malaysia’s law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Malaysia.
The original UK English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the UK English version and any other language version of these terms and conditions, the UK English language version to the extent permitted by law shall apply, prevail and be conclusive. The UK English version is available on our website (by selecting UK English language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.