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Terms of Use

Acceptable Use Policy / Website Disclaimer

Introduction

Thank you for visiting Cataferry’s website (www.Cataferry.com). This Website is owned and operated by Cataferry.

Your use of this Website and/or *Other Services or Applications for Online Booking is subject to your agreeing to be bound by and to comply with this Acceptable Use Policy (“Policy”). If you do not agree with the Policy you should exit from this Website and/or Other Services or Applications for Online Booking instantly.

In the event of conflict between the Policies the latter shall prevail. We reserve the right to amend, modify, add, delete and make corrections to this Policy and any of the Specific Terms of Use at any time, effective upon posting. You agree to review these Policy and Specific Terms of Use periodically to be aware of such modifications.
 

Copyright / Trademarks

This Website and Other Services or Applications for Online Booking and the contents, including ferry schedules, routes, fares, text, graphics, button icons, audio and video clips, digital downloads, data compilations, logos and information regarding the status of Cataferry ferries, etc. are proprietary to Cataferry or its content suppliers. You may use this Website and the contents only for personal and non-commercial purposes subject to applicable copyright laws.

All trademarks, trade names, service marks (whether registered or unregistered) and logos in this Website are owned by Cataferry or their respective owners and must not be used or modified in any way without obtaining the prior written consent of Cataferry.

This Website and Other Services or Applications for Online Booking and the products, technology and processes contained may be the subject of other intellectual property rights owned by Cataferry or by third parties. No license is granted in respect of such intellectual property rights other than as set out in this Policy. Your use of this Website and/or Other Services or Applications for Online Booking must not in any way infringe the intellectual property rights of any person.
 

Content

By using this Website, and/or Other Services or Applications for Online Booking or any particular Service including the posting of content and commentary in the other public communication forums hosted on this Website, you agree that you will not upload, post or otherwise transmit or make available any content (including text links, communications, software, images, sounds, data or other information) that is not consistent with the permissible uses outlined in this Policy or the relevant Specific Terms of Use, including, but not limited to the following:

  • False, inaccurate, misleading, unlawful, harmful, threatening, abusive, tortuous, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually oriented/suggestive/explicit, obscene, racially or ethnically offensive or otherwise objectionable.
  • Violates any laws, third party rights, or infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • Constitutes advertising or promotion, junk mail, spamming, chain letters or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Cataferry in its sole discretion.
  • Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage or limit the functioning of any software or hardware.
  • Provides any non-public information about Cataferry or any other company or person without the proper authorization to do so. This includes providing the names, addresses and extension numbers of Cataferry employees and any of the users or participants of the Services.
  • Intentionally interferes with the operation of any of the Services included in this Website and/or Other Services or Applications for Online Booking without limitation, mail or ‘post’ bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks.
  • Impersonates any person or entity, including Cataferry employees or forges any TCP-IP packet header, email header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
  • Attacks or insults another.
  • Suggests or encourages illegal activity.
 

Email, Fax and Other Forms of Electronic Communication

When you have requested for the itinerary or other ferry-related documents to be sent to you by email, fax or other forms of electronic communication (including mobile messages), failure to receive it does not constitute an unsuccessful booking. A booking is deemed successful and complete after payment has been made and confirmed. In the event of any dispute, the booking in the Cataferry database is the primary record of carriage, and will prevail.

Cataferry is not responsible for the delivery of any electronic communication. If you have any queries regarding your booking, please click here to submit an online feedback form, Check & Change function or your travel agent.
 

Links

This Website and Other Services or Applications for Online Booking may contain links to websites maintained by third parties (“External Sites”). These External Sites are provided for user’s reference and convenience only. Cataferry does not operate, control or endorse in any respect such External Sites or their content. Users assume sole responsibility for use of these External Sites and are therefore, advised to examine the terms and conditions of those External Sites carefully.

You must not link to this Website and/or Other Services or Applications for Online Booking without obtaining the prior written approval of Cataferry. Use of any automated screen capture or screen scraping technologies to obtain information from this site without the prior written approval of Cataferry is an infringement of Cataferry’ s intellectual property rights.
 

Security

When you book ferries or access your Member Login information, a secure server is used. Secure Server Layer (SSL) encrypts the information you send through this Website and/or Other Services or Applications for Online Booking. Although Cataferry would use its best endeavor to ensure security, Cataferry makes no warranty in respect of the strength or effectiveness of that encryption and Cataferry is not and shall not be held responsible for events arising from unauthorized access of the information you provide.
 

Disclaimer

The content on this Website and Other Services or Applications for Online Booking are provided on an “as is” and “as available” basis. You therefore agree that you use this Website and/or Other Services or Applications for Online Booking and the services provided at your sole risk. Cataferry, its officers, directors, employees, partners and suppliers disclaim:

  • All warranties or representations of any kind regarding this Website and/or Other Services or Applications for Online Booking, its operations or the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any information, content or material included herein.
  • To the fullest extent permitted by applicable laws, all conditions and warranties, express and implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose or non-infringement;
  • all liability to you or anyone else for any direct, indirect, special, consequential or punitive loss or damage (including without limitation loss of revenue, loss of goodwill, loss of reputation and loss of, or damage to, data), incurred or suffered in connection with the use or inability to use this Website and/or Other Services or Applications for Online Booking whether based in contract, tort or otherwise even if we are informed of their possibility;
  • All liability to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website and/or Other Services or Applications for Online Booking or an external site. You must take your own precautions to ensure that whatever you select for use from this Website and/or Other Services or Applications for Online Booking is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
 

Our Privacy Policy

We regard your privacy as important. For more detailed information on how we collect and process your personal information, please refer to our Privacy Policy.
 

Governing Law and Venue

This Website and Other Services or Applications for Online Booking is created and controlled by Cataferry in Malaysia and you therefore, agree that this Policy and the Specific Terms of Use, if applicable shall accordingly be governed by the laws of Malaysia and you further agree to submit to the exclusive jurisdiction of the Malaysia courts.
 

Miscellaneous

If any provision of this Policy is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall be enforced. You may not assign or transfer any of your rights or obligations under this Policy or Privacy Policy. Headings are for reference purposes only and do not limit the scope or extent of such section. Cataferry’s failure to act with respect to a breach by you or others does not waive Cataferry’s right to act with respect to subsequent or similar breaches.

Cataferry does not guarantee it will take action against all breaches of the provisions of this Policy. This Policy set forth the entire understanding and agreement between you and Cataferry with respect to its subject matter.

Cataferry may terminate your use of this Website and/or Other Services or Applications for Online Booking or any of the Services at any time for any reason or no reason, with or without notice. This Policy, if applicable shall continue to govern all use of this Website and Other Services or Applications for Online Booking and the particular Service notwithstanding any termination, suspension, or cancellation.
 

License

You grant to Cataferry and its designees a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, and royalty free license to use all or any part of any ideas, expression of ideas, inventions, or other materials you submit, including, without limitation, feedback, comments, documents, suggestions and/or proposals (collectively, ‘Contributions’) without restrictions, notice and compensation to you or any third party.

The license shall include, without limitation, the irrevocable right to rerecord or modify any audio tracks or visual images you provide, reproduce, prepare derivative works, combine with other works, alter, translate, distribute, download, link to or from, transmit, advertise, market, make, have made, display, perform, and/or license the Contributions or any part or parts thereof, and all rights therein, in the name of Cataferry, or its designees throughout the world in perpetuity in any and all media now or hereafter known.

You agree that Contributions you submit are:

  • Original and accurate and
  • Your submission of them and their use as allowed by these Specific Terms of Use do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including but not limited to any right of publicity, right of privacy, right against defamation, liable or slander, or any other proprietary right.
You acknowledge and agree that the relationship between you and Cataferry is not a confidential, fiduciary, or other special relationship. We shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the Contributions you submit. To the extent Cataferry’s Privacy Policy is inconsistent with the provisions of this paragraph; these Specific Terms of Use supersede the Privacy Policy.
 

Cancellation

You understand and agree that the cancellation of your registration is your sole right and remedy with respect to any dispute whatsoever with Cataferry arising out. You can cancel your Cataferry member registration by contacting Cataferry here.

If your registration and/or ability to use the website is terminated or suspended, you may not register to join the website again without our express written permission.