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Terms And Conditions

Packist.com

Terms and Conditions

A. Recitals

I. Thank you for choosing Packist.com as your preferred travel and tours online service provider.

II. The terms and conditions contained within these ‘Terms and Conditions’ are applicable to all products and services listed, described, detailed and published under Packist.com website.

III. Thank you for browsing our Packist.com website products and services (“Services”). All e-platform services here are provided by Beautiful World Tours & Travel Sdn. Bhd. (243717-W), other sanctioned providers and Merchants. Beautiful World Tours and Travel Sdn Bhd, having the registered office at V02-10-03, Sunway Velocity V Office 2, Lingkaran SV, Jalan Peel, 55100 Kuala Lumpur, Malaysia, is the sole owner of its online services operating under the style of Packist.com.

IV. By using our Services, you are agreeing to these terms. Please read them carefully.

V. Our Services are very diverse and extensive. There may be additional terms or product requirements (for example, age requirements) that are applied, these additional terms or product requirements will become an integral part of your agreement with us when you purchase those Services.

VI. Business Days shall mean the day (other than Saturday, Sunday, and a public holiday) on which financial institutions licensed under the Financial Services Act 2013 are open for business in Kuala Lumpur, Malaysia.

1. Using our Services

1.1 You must follow any policies made available to you within the Services.

1.2 You agree that you shall refrain from misusing or abusing our Services and Packist.com e-platform. Misuse or abuse of Packist.com Services and e-platform includes, but is not limited to:

  1. use of Packist.com website in a way that unreasonably interferes with the availability of our Services to other users;  
  2. attempt to access Packist.com website using a method other than the interface and the instructions that has been provided;
  3. using the account of any other Packist.com member, without express permission of the ultimate account holder;
  4. using Packist.com website by making any speculative, false or fraudulent booking/reservation in anticipation of demand;
  5. using or booking any Packist.com Services without being the age of majority in the laws of your jurisdiction or residence;
  6. copying, reproducing, uploading, posting, displaying, republishing, distributing, transmitting any part of the Content, in any form, whether in English or translated into any other language, or in its original or derivative form, without prior written, express consent of Packist.com;
  7. violating any laws, including any applicable export and re-export control laws and regulations;
  8. posting or transmitting on Packist website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or otherwise profane material, or posting or transmitting any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or any other purpose that is unlawful or prohibited by this agreement;
  9. placing any false or misleading information on Packist.com website;
  10. uploading or transmitting to Packist.com website or use any device, software or routine that contains or possess the risk of containing viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal working operation of Packist.com website, or appropriate the Packist.com website or any supporting system, or take any action that imposes any disproportionate or unreasonable load on our software, infrastructure of our Website, computer or other IT equipment, or that infringes upon the rights of any other third party.

1.3 Using our Services does not give you any ownership of any intellectual property rights in our Services. You may not use content from our Services unless you obtain prior permission or evidenced written consent from its owner or is otherwise permitted by law. Nothing in these terms shall grant you any right to use any trademarks, patent rights or logos for branding Service provisions.

1.4 In connection with your use of these Services, we may send you, from time to time, service announcements, digital marketing materials, administrative messages, update information, and other information which are relevant. You may choose to opt out of some of those communications.

2. Online Purchase/Booking

2.1 Whilst all efforts are made to ensure the accuracy of product description, specifications, and pricing, there may be occasions where errors may occur. Should such a situation occur, Packist.com or travel agency cannot accept your order and will reserve the right to refund you accordingly if those purchases were to be inadvertently accepted. In the event of such an error, you will be contacted with a full explanation and/or a corrected offer, where applicable. Packist.com shall not be responsible for any content errors that are derived from any unforeseen circumstances. You also acknowledge and agree that we cannot, and are not obliged to, check the accuracy of information provided by any third party.

2.2 Services made available on Packist.com website is subject to conditions imposed by providers or Merchants, these include but is not limited to, any tariffs, conditions on carriage, international conventions and arrangements, and federal government regulations. Providers or Merchants that furnish products or services through Packist.com website are independent contractors, not agents or employees of Packist.com.

2.3 All tour package bookings received in Packist.com will be processed by travel agencies over a certain period of time and are subject to confirmation.

2.4 We do not warrant that those product descriptions or other content are accurate, completely reliable, current or free of error. Prices and availability of such items are subjected to changes without prior notice to you.

2.5 Packist.com, and its providers and Merchants are entitled at their sole discretion, for any reason or purpose, to refuse and/or decline to accept any booking or reservation placed through the Packist.com website.

2.6 All products, services or packages posted as a part of Packist.com Services and are subject to their terms and conditions and the availability determined by Packist.com providers and Merchants. Packist.com does not independently verify the accuracy and quality of the information and do not guarantee its accuracy, completeness or adequacy. Packist.com shall not be responsible or liable for:

  1. any form of overbooking, misinformation or mishandling of any booking/reservation or booking by the provider or the Merchant; or
  2. Mishandling, non-delivery of any Service by the provider or Merchant;
  3. Any damage or loss to your personal property or any personal injury sustained or caused in the course of taking up any Service and/or the purchasing process of any Service.

2.7 You are required to submit your credit card details correctly and accurately, including but not limited to, your name on the credit card, the issuing bank and such other authentication mark required by the Packist.com website in regards to booking or purchasing any of its Services. Packist .com reserves the right to, in its own discretion, reject or not honour your reservation, notwithstanding that the amount is charged for your purchase on your credit card, if any of the card details provided by you upon your booking or purchase is erroneous, incomplete or if fraud is suspected.

2.8 Once you have made your payment for your booking or purchase, you shall receive, via electronic mail via the email address provided by you, a Booking Summary and your Payment Details. You must ensure that all the details contained in it are correct, accurate and complete. If for any reason whatsoever you do not receive such Booking Summary and your Payment Details from us upon the submission of your booking or purchase request, you are solely responsible to immediately check the status of your booking or purchase accordingly.

2.9 You are responsible for your travel planning and any bookings or reservations in accordance with the Travel Itinerary and Schedule, as necessary. Packist.com, its providers and Merchants shall not be held liable nor entertain a refund of any nature should you book or reserve a any Service that is not suitable. Unless otherwise stated, all bookings or reservations are, under every circumstance, non-exchangeable and non-transferable.

2.10 You agree and acknowledge that Packist.com shall not be liable for any damages or consequential direct or indirect loss caused by any reason for which was not within the control of Packist.com or arising out of unforeseen circumstances.

2.11 IMPORTANT NOTICE: In the unlikely event that that the rates are wrongly publish and the error has been detected, Packist.com reserves the right to cancel the relevant booking even after any confirmation has been made, within 7 Business Days from the booking time or the confirmation time, whichever is later. Packist.com will, to its best endeavours, fully refund the amount paid and would not be held responsible for any damage or consequential direct or indirect loss deriving from the error. Confirmed bookings that surpasses the 7 Business Days (confirmation date and time) will be, to the best of Packist.com endeavours, honored.

2.12 Kindly take note of the refund policy provided, styled as ‘Refund and Cancellation Policy’, should you intend to cancel your purchases from this website. Subject to the relevant Service terms and conditions, you may be refunded fully, partially, wholly non-refundable or, where applicable, substituted with another product of similar value and of the agreed period of travel.

2.13 You acknowledge and agree that Packist.com shall not be held liable for any damage or consequential direct or indirect loss deriving from your dealings with any purchases made with the providers to, Merchants to, or any other advertisers on Packist.com website.

2.14 The tour fares quoted in Packist.com are subject to change with or without prior notice due, for example, ground arrangement, overseas travel agent charges, currency fluctuations etc,. In the event where the any variations in price to reflect any currency exchange level movement. Once any booking has been made, the currency exchange rate for that booking is fixed at the value as of the booking creation date, notwithstanding further items being added to the booking at a later date.

2.15 Other attached terms and conditions imposed by agencies such as transportation carrier by air, sea or land providers will also be construed as part of the agreed conditions, implied or expressed when you are purchasing a tour and transportation packaged therein. Any amendments or change of conditions by transportation companies affecting you will have no bearing whatsoever on this platform as a facilitator. You are obliged to seek remedies directly, where applicable. You may also refer to International Air Transport Association (IATA) guidelines on matters concerning you and your transporter.

2.16 Cancellation fee may apply in relation to each hotel or service provider and their own cancellation policies. In the event that a hotel or service provider should charge a cancellation fee, this charge shall become payable by you.

2.17 Other matters affecting your rights and the terms of these Services shall be governed by, and construed in accordance with Malaysian law. You irrevocably agree that the courts of Malaysia shall have the exclusive jurisdiction to resolve any dispute which may arise out of, under, or in connection with these terms, representations or any legal relationship arising by such terms.

2.18 For the exclusive benefit and sole discretion of Packist.com, Packist.com retains the right to bring any proceedings as to the dispute subject matter in the courts of the country of your domiciliation, the jurisdiction of the courts of Malaysia, or, where applicable, the location where these terms are entered into during the course of your trade, profession or country of principal place of business.

3. Your Packist Account

3.1 You may need to sign up in order to use some of our Services for the purpose of making online purchases or transactions or to gain rewards, incentives, participate in our online contest where applicable.

3.2 To protect your Account, you are advised to keep your password confidential. You are responsible for maintaining the secrecy of your account details including your User ID and your password. You are also responsible for all activities under your account on Packist.com website. If you have any reason to suspect that your account has been compromised or is being used by unknown parties, please report any unauthorised usage to enquiry@packist.com.

3.3 Packist.com shall act as an intermediary platform for Packist.com members to purchase online travel and tours related products at the price, determined by Packist.com (whether bilaterally or unilaterally), on an AS-IS basis following, as far as possible, the details of the products or services as displayed by various registered travel and tour companies that are carefully vetted and selected for the purpose of protecting and benefitting members of this platform.

3.4 In the event there are disputes over purchases between members and travel agents over products bought or sold, Packist.com shall not be responsible over such matters whatsoever, however, if the disputes require the necessary intervention of Packist.com, any decision made by Packist.com in a just and equitable manner, shall be deemed final and conclusive.

3.5 Any aggrieved party may resort to further appeal by appointing arbitrators or seek legal recourse. Packist.com and its body corporate shall not be a named respondent or be held liable for such alternative dispute resolutions or any relating legal action whatsoever.

3.6 Packist.com, in its sole discretion, may, at any time and without prior notice or liability, terminate your Packist.com account or restrict your access to all or any portion of our website, even if such access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue and halt all operational usage of Packist.com website. You must also destroy any copy you have made of any portion of the Packist.com website. Accessing the Packist.com website after such termination of Packist.com account, suspension, or discontinuation shall constitute an act of trespass. Packist.com shall not be responsible for any liability in regards to any direct or indirect consequential loss and damage for such suspension or termination.

4. Privacy and Copyright Protection

4.1 Packist.com and the body corporate take cognizance in protecting your privacy whilst using our Services. By using our Services, you hereby allow Packist.com to use such data in accordance with the privacy laws, regulations, amendments, supplementals and policies such as Personal Data and Protection Act  which may be made available by law in your domicile country of use, including agreeing to receive periodical newsletter, text message, email communications, including marketing communications relating to our products and nature of business, information, offers and services from Packist.com. You may exercise the options to unsubscribe to our periodicals and emails on the deals and promotions held by us on a seasonal basis.

4.2 We view copyright and trademark violations as a serious matter and will act necessary to protect owners from such and will terminate seriously or repeat offenders from using this platform.

4.3 If you think somebody is violating your copyrights, trademarks, logos, please notify us. You can find information about submitting notices to enquiry@packist.com.

4.4 You hereby agree to hold Packist.com and its body corporate free from all liability and culpability deriving from such violations by users

5. Your Content in our Services

5.1 Some of our Services allow you to upload, submit, store, send or receive content. In the event where you submit, store or send any content belonging to you, you shall retain ownership of any intellectual property rights that you hold in that content.

5.2 When you upload, submit, store, send or receive content to or through our Services, you give Packist.com a worldwide license to use, host, store, reproduce, modify, create derivative works (such as creation of any material resulting from translations, adaptations or other appropriate changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute, in any capacity, whether digital or not, such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and in order to develop new ones. This license irrevocably continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. It is your responsibility to ensure that you possess the necessary, relevant rights to grant us this license for any content that you submit, store or send to our Services.

5.3 Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs in the event where your content is sent, received, and when it is stored.

5.4 Upon signing up with us as a member, we may have the right to display, publish your Profile photo, and actions you take on Packist.com or any other third party applications connected to your Account (such as ratings, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts.

5.5 You can find more information about how Packist.com use or store content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to and of notifying you.

6. About Software in our Services

6.1 When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may allow, at your discretion, for adjustments to your automatic update settings.

6.2 Packist.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease wholly, or of any part of our Services or any Packist.com proprietary software. You must also refrain from any attempts to reverse engineer or attempt to extract the source code of that software, unless permitted by law or you have obtained prior written consent and any action taken is in accordance with and complete compliance of such laws and agreements thereto.

6.3 Some software used to enable our Services may be offered under an open source license that we will make relevantly available to you. There may be provisions in the open source license that expressly override some of these terms, in the event of such conflict, the terms of the open source license shall take precedence.

7. Our Warranties and Disclaimers

7.1 We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise in relation to our Services.

7.2 Other than as expressly provided, to the maximum extent permitted by law, we exclude all warranties regarding Packist.com website and any services provided by us.

7.3 For example, we don’t make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. we provide the services “AS-IS”.

7.4 Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. to the furthest extent permitted by law, we exclude all warranties not expressly provided by Packist.com.

8. Liability for our Services

8.1 When permitted by law, Packist.com and Packist.com's suppliers and distributors, will not be responsible for lost of  profits, revenues, or data, financial losses or indirect, special, consequential loss, economic loss, exemplary, or punitive damages.

8.2 To the extent permitted by law, the total liability of packist.com and its body corporate, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, under our sole and conclusive discretion we may elect to resolve such claims or dispute by instead resupplying the service, so far as possible and if applicable.  

8.3 In all cases, Packist.com and its providers and Merchants, shall not be liable for any loss or damage that is not reasonably foreseeable.

9. General Terms

9.1 All aspects of Packist.com website may be subject to change, supplements, deletions, updates, discontinuations, suspension, or modification from time to time, and without prior notice to you. We make no commitment to update any information contained on this Packist.com website. You agree that Packist.com shall not be liable to you for any delay or other damages, consequential direct or indirect loss that might result from such modification, suspension, or discontinuance. At our sole discretion, we may also, from time to time, change or impose fees on certain services, or establish or change general practices and limits concerning certain services.

9.2 Itineraries and Travel Schedules on Packist.com Services are all subject to change according to the local environment and other conditions that are an act of God, or otherwise out of the control of Packist.com and their providers and Merchants. Flight Timing and Travel Schedules are not guaranteed and do not form any part of the contract. All Flight Timings and Travel Itineraries are subject to change at the request of any relevant Aviation or Government Authorities. This is to cater for the Packist.com customers safety, security and other factors. Neither Packist.com nor their providers and Merchants concerned shall accept any liability for reasons of flight cancellations, delays or diversions that is not within their control.

9.3 We may modify terms of this agreement or any additional terms that apply to a Service to, for example, inter alia, in order to reflect changes to the law or changes to our Services. You should look at the terms regularly. You agree that Packist.com shall not be liable to you for any modifications of the terms of this agreement. Changes will not apply retroactively and will become effective not earlier than fourteen days after any modifications or additional terms are posted.

9.4 We will to our commercially reasonable endeavours keep Packist.com website available at all times, subject to scheduled downtime maintenance, unscheduled maintenance, and system outages. We cannot promise that access to Packist.com website shall be available or uninterrupted at all times. You agree that Packist.com shall not be liable for any damage or, consequential direct or indirect loss that is derived from such interruption, delay or downtime.

9.5 We will to our commercially reasonable endeavour attempt to exclude viruses from Packist website. But, we cannot ensure that Packist.com website shall be free of viruses or other destruction software. We assume no responsibility for any damage to your computer equipment or other property that may result from using Packist.com website or downloading anything thereto.

9.6 If there is a conflict between these terms and the additional terms, the additional terms shall supercede the former for that conflict.

9.7 These terms control the relationship between Packist.com and you, and shall be read in conjunction with all applicable terms and conditions attached to the relevant product or service and the Travel Experiences, and Activities & Day Tours Refund and Cancellation Policy. This agreement does not create any third party beneficiary rights.

9.8 If you do not comply with these terms, and we don’t take immediate action, unless expressed by written notification, Packist.com is not deemed to have implied any waiver of its rights (including but not limited to, any legal action taken in the future).In the event where any particular term is not enforceable, all remaining terms are unaffected.

9.9 You agree that, subject to the applicable law, any use of Packist.com website and its content therein shall be at your sole risk. In the event where any action is filed or commenced by any third party against Packist.com is as a result of damage or consequential direct or indirect loss deriving from: (a) your breach, whether in action or omission, of these Terms or the documents made part of these Terms by reference; (b) your violation of any law or the rights of a third party; or (c) your use of our Site, you agree to defend and indemnify Packist.com and any provider or Merchant, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including but not limited to, reasonable legal and accounting fees, in excess of the liability described above.

9.10 Unless expressly determined in the contrary all rights and terms of these Services shall be governed by, and construed in accordance with Malaysian law. You irrevocably agree that the courts of Malaysia shall have the exclusive jurisdiction to resolve any dispute which may arise out of, under, or in connection with these terms, representations or any legal relationship arising by such terms.

9.11 For the exclusive benefit and sole discretion of Packist.com, Packist.com retains the right to bring any proceedings as to the dispute subject matter in the courts of the country of your domiciliation, or, where applicable, the location where these terms are entered into during the course of your trade, profession or country of principal place of business.

10. Cash Vouchers or Vouchers (‘Cash Vouchers’) Terms and Conditions

10.1 Cash Vouchers are valid for use only on Packist.com website.

10.2 Cash Vouchers are valid only for selected packages at the sole discretion of Packist.com.

10.3 Cash Vouchers are limited to one time usage for each customer.

10.4 Cash Vouchers are not valid with the usage of other promotion codes and shall not apply to promotional tour packages and accommodation packages.

10.5 Cash Vouchers shall not apply discounts or reduction on tour package surcharges such as tipping, extra night extensions and / or other charges not covered in the itinerary.

10.6 Cash Vouchers are not redeemable, exchangeable or refundable for cash or cash equivalence.

10.7 By using Cash Voucher, you consent to:

(i) these Cash Voucher Terms and Conditions printed or listed on the website or email from Packist.com where this Cash Voucher was offered;

(ii) the Terms and Conditions applicable to any of the Services purchased and any additional terms relating to those Services; and

(iii) any applicable laws and regulations in the jurisdiction of Malaysia.

11. Travel Visa Terms and Conditions

11.1 These terms and conditions, together with our Privacy Policy and any other relevant service Terms and Conditions, as well as any relevant supplementals attached and brought to your attention before you submit your application, form the basis of your contract with Beautiful World Tours & Travel Sdn Bhd, (243717-W) (KKKP2455), a company incorporated in Malaysia with its registered office at  VO2-10-03, Sunway Velocity V Office 2, Lingkaran SV, Jalan Peel, 55100, Kuala Lumpur, operating its online business via the website of www.packist.com, hereafter “the Company”, “we”, “us”, “our”. Please read these carefully as they set out our respective rights and obligations, and all travel visa services offered and accepted are subject to these terms and conditions.

 11.2 References to “you” and “your” include all persons named and specified as applicant on the visa application and for whom the visa application is to be made (“the User”). References to “Embassy” include embassies, consulates, High Commissions and Passport offices, as well as any third-party visa application agents. In these terms and conditions, unless the context otherwise requires, words in the singular shall include the plural and vice versa.

11.3 By instructing the Company to undertake services on your behalf, the User is deemed to have accepted these terms and conditions.

11.4 The services offered by the Company consists of but is not limited to the processing of visa applications and/or other documents for Users for the purposes of travel and tourism (including business use) (“Offered Service”).

11.5 The Company does not and does not have any intention to, in any manner, provide or produce advisory services.

11.6 ‘Necessary Information’ means the information required from a User to allow the Company to complete an online application for a Visa, such information may include, but is not limited to, the Users name, address, holiday destination, and any other information which the Company or Embassy considers necessary for the purposes of processing the User’s visa application. The Service Charge per visa application is required to cover the cost of providing the offered Service; payment of the Service Charge must be made by way of Cash, Cheque, Credit, Debit card or via the payment function provided on our Website, as approved by the Company. The Company will request payment of the Service Charge upon instruction by the User. Embassy fees and the availability of services are subject to change by the Embassy without prior notice to the Company, the User shall bear all costs for any such fees or any additional fee, or any damages caused by changes made by the relevant Embassy thereto; the Company shall in no way be made liable for the aforementioned costs, fees and liabilities.

11.7 Upon submitting the Application form with all Necessary Information and making payment of the Service Charge, a contract will be formed between the User and the Company; such contract is subject to and governed by these Terms and Conditions. Because we begin preparing your visa application and perform the offered Service upon receipt of your Application, once the contract has been created no refund is available, regardless of whether the visa application is successful or not. The Company shall be in no way liable for any damages, fees or charges incurred by any unsuccessful visa application. Any additional fees or charges incurred by the Embassy shall be payable to the Company by the Customer, held for the benefit of the Embassy.

11.8 The process and requirements of visas varies from Country to Country. The processing of a visa is subject to the individual processing times set by each Embassy, the processing time quoted by the Company refers only to completion of the Offered Service. Embassies can also extend the processing time both generally and on individual applications at their discretion and with no prior notice to the Company. Fees and services may differ between the time the visa application order has been placed and the application has completed. The Company cannot be held liable for any delays experienced during the application process or any increases in fees resulting in any delay or any circumstance of the ordinary course of the application, except for where such a delay and/or increase is a result of our negligence. The User is under the obligation to pay any increase in such fees.

11.9 The Company reserves the sole discretion and right to select the most appropriate services available given the time constraints or other requirements specified by the User. The Company will not be held responsible for taking any steps which the Company considers as reasonable in fulfilling the instructions of the User (whether express or implied) and/or in the best interests of the User, and the User will be wholly responsible for any charges incurred for such services. The Company reserves the right to retain any and all visa application documents, including passports, until payment of all requested fees has been made in full by the User.

11.10 Liability and Limitations -

A) By instructing the Company for the provision of the Offered Service, the User accepts all requirements, restrictions and limitations of liability set out in all documentation forming the contract between the parties. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse the Company in relation to any fines or other damages which are incurred as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. The Company cannot be held liable for any decision made by an Embassy with regards to a User’s visa application, and the User acknowledges and accepts that the Company has no involvement in or control over the decision making process of the Embassy. The Company cannot accept any responsibility or be held liable for the actions of any Embassy in delaying or not issuing visas or any other failure or error on the part of the Embassy for any reason whatsoever nor can the Company be held liable for any expenses or delays incurred as a result.

B) The Company cannot be held liable for any of the following: a) incomplete applications forms; b) incorrectly or falsely completed applications forms; c) inaccurate or incomplete supporting documentation d) damaged documentation, including but not limited to damaged passports, photographs or application forms. The User is under an obligation to provide correct and accurate information to the Company and the Company cannot be held liable for any costs, fines, fees or damages incurred by failure from the User to do so.

 C) You are responsible for making yourself aware of any official warnings or notices in regard to the safety, requirements and entry of the countries and areas in which you will be travelling and to make your decisions accordingly. The Company is not responsible and holds no liability of any damages or loss caused by a failure of becoming aware of official warnings gazetted by the relevant country. Third party delivery companies are subject to their own terms and conditions. The Company cannot be held liable for any delay or failure on behalf of a third party delivery company in delivering the completed application to the User, for whatsoever reason.

 D) Should the Company accept liability for the failure to obtain a requested visa, or return a requested visa to the User in a timely manner, the user’s sole and exclusive remedy against the Company for damages is the return of any, in whole or in part, Service Charge actually paid by the User to the Company, minus any Embassy fees or third party delivery charges. Any claims for damages must be made to the Company, in writing, within 30 days of the notice of the refused visa application or return of delayed visa. We are not liable for any damage, loss or expense on the basis of the information provided by you concerning your visa application prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you (consequential losses); or (b) any business losses. We will not accept any responsibility for services or facilities which do not form part of our agreement with you. We do not exclude liability for any cause of action, loss or damage prohibited by Malaysian law.

11.11 Events Outside our Control

 A) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an ‘Event Outside Our Control’.

 B) An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

 C) If an Event Outside Our Control takes place that affects the performance of the Company obligations under these terms:

 (i) We will contact you as soon as reasonably possible to notify you; and

 (ii) Our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

11.12 Website.

 A) The User’s use of the Website and or the Offered Service is on the strict understanding that the Website and or the Offered Service is not engaged in rendering any sort of immigration or visa-related advice and should not be relied upon when making any related travel or relevant decisions. The information contained within the Website and/or the Offered Service is provided without warranties expressed or implied relating to the accuracy,  fitness for purpose, compatibility or security of any components of the Website and or the Offered Service. The Company does not guarantee uninterrupted availability of the Website and or the Offered Service.

 B) The Company endeavours to ensure that all the information and prices displayed on the Website are accurate, however occasionally changes and errors may occur and the Company reserves the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the Offered Service that you wish to book before submitting your Application form.

11.13 Complaints

 A) We will make all reasonable endeavours to ensure your visa application goes smoothly. However, in the rare event that you are not happy with the service you have received and wish to make a complaint, we request that you notify the Company of your complaint in writing as soon as possible, but in any event within 28 days of being notified of the outcome of your visa application. Please note, we are only able to deal with complaints received from the specific visa applicant. We will be unable to deal with any complaints received from individuals other than the visa applicant, except in cases where the applicant is a minor or is unable to pursue a complaint as a result of a disability.

 B) Complaints should be marked for the attention of: Customer Service at the Company. We will endeavour to acknowledge receipt of your complaint within 14 days of receiving your written complaint and respond fully to your complaint within 28 days of receipt. Should we not be able to respond to you within these time periods, we will advise and notify of this to you accordingly. It is a condition of our acceptance of liability under these conditions that you notify any claim to the Company strictly in accordance with the complaints procedure set out in these conditions. It may affect your rights under this contract if you fail to do so.

11.14 Data Protection- We process your personal data in accordance with the practices set out in our Privacy Policy, a copy of which can be found at: https://www.packist.com/privacy-policy.

11.15 Severance- If any (singular or plural) provision of these Terms and Conditions is held to be invalid or unenforceable, such provision(s) shall be struck out and the remaining provisions shall remain in force. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to remain in effect.

11.16 Law and Jurisdiction These Terms and Conditions and any agreement to which they apply are governed in all respects by Malaysian law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract, the Visa Application or the Offered Services shall be dealt with and have the exclusive jurisdiction of the Courts of Malaysia.