Terms & Conditions
Gother.com Terms and Conditions
Welcome to Gother.com website or Gother Mobile Application site (collectively referred to as the "Site"). Our Site belongs to and is managed by Search Engine Optimization Co., Ltd. ("we", "us", or "our").
TERMS & CONDITIONS BELOW MUST BE READ BEFORE USING THIS SITE. THE USAGE OF THIS SITE IS DEEMED TO BE ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW.
Please carefully read the below terms and conditions including our Privacy Policy (collectively "Terms") and FAQs before accessing this Site and/or Bookings (all defined below), so that you get acquainted with your rights and obligations. By accessing and/or using this Site, you hereby agree to be legally bound by these Terms. If you do not accept these Terms, please leave the Site and discontinue use of the Site and services immediately, and do not make any Bookings via the Site.
- Site Terms & Conditions
- Terms & Conditions of Online Bookings and
- Terms & Conditions of Online User and My Account.
Please note that we may change, modify, add and delete these Terms at any time without prior notice. The Terms must be read periodically. By continuing to use this Site after such changes to these Terms, visitors, users or Registered Users ("you" or "user") agree and consent to the changes. If you use any of our other services, then your usage is based on the submission to and acceptance of the terms and conditions applicable to such services.
Section A. Site Terms and Conditions
User’s Representation and Warranty: You hereby represent and warrant that:
- You have read and agree to these Terms and our Privacy Policy
- In the case of a user who is an ordinary person, you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Terms
- In the case of a user who is a juristic person, you are authorized to bind the entity (yourself or your company) on whose behalf you are accessing this Site, using the Services or making Bookings and such entity agrees to be bound by these Terms and
- all of the information provided by you to this Site (including, without limitation, personal particulars and contact information) is accurate and complete.
Definitions
- In these Terms, the following terms shall have the respective meanings specified below unless the context otherwise requires:
“Account” means a registered account of a user opened under My Account of the Gother.com Site.
"Buyer" means the user, person or legal entity identified in the Booking as the purchaser.
“Booking” means an online purchase of a Ticket or hotel reservation made by a Buyer via the Site or any other platform of Gother.com for the Tickets in accordance with these Terms.
"Content" means lists and descriptions of services for Bookings, Tickets, etc. and reviews, materials, information, advertisements, text, audio, video, pictures, graphics, blogs, webcasts, podcasts, broadcasts, messages, comments, suggestions, ideas and other content.
"Contract" means the agreement formed by these Terms.
"Credit Card" means one of the credit cards issued by a card company to and rightfully held by the Buyer, for example: VISA, MasterCard, JCB, etc.
"Force Majeure Event" means any event or circumstance the occurrence and the effect of which Gother.com could not reasonably prevent or avoid including:
- natural disaster (floods, earthquakes, storm or other natural disasters), explosion, fire, lightning, hurricanes / typhoons / cyclones, labor strikes, demonstrations,
- war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts, riot or civil disturbance, riot, military action, terrorist action
- embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or any intervention of any governmental or regulatory authority, sanctions, changes in laws or regulations
- epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organization or any governmental authority
- strike, lock-out, work stoppage or other industrial action or trade dispute whether involving employees of Gother.com, Vendors or any other person and
- any default act or omission on the part of Gother.com 's Vendors or sub-contractors or
- airline or hotel bankruptcy or insolvency, and so forth.
“Gother Cash” means the membership loyalty program operated by Gother.com.
"Parties" means Gother.com and you, the user or the Buyer, as the case may be and "Party" means any one of them.
“Services” means our online platform available for the Users to browse different types of Tickets, Bookings and of various Vendors of airlines, tickets/excursions, car hire, travel insurance, tour packages, accommodation and lodging, as well as make a reservation and/or purchase, as provided in Section A, Clause 3.
"Site" means the Gother.com website currently accessible at https://www.Gother.com/.
"Ticket" means a ticket or voucher of Vendors or third parties’ products and services for bus, car rent, plane, flights, tour package, train, show, theatre, sport match, hotel, accommodation, amusement park, museum, tourist attraction, etc., including an insurance policy or any other services advertised on or available at our Site and other online platforms linked from the Site for which Gother.com displays and invites the User to offer for making a Booking in accordance with these Terms.
"Gother.com" means www.Gother.com site, which belongs to and is managed by Search Engine Optimization Co., Ltd.
“User” means the visitor or registered user of this Site.
"User Content" means all Content on this Site or as provided to Gother.com via any online platform which is created, transmitted, posted, or uploaded by a user of the Site
“Vendors” means the third-party providers of services provided by airlines, tickets/excursions, car hire, travel insurance, tour packages, hotels, travel agency and/or any other service provider with Gother.com on this Site
“Vendors Content” means all Content of the Vendors that is made available on or linked via this Site.
- Words using the singular or plural number also include the plural or singular number.
- The headings in these Terms are inserted for convenience only and shall not be construed or interpreted as the intents of as these Terms.
- In these Terms, the following terms shall have the respective meanings specified below unless the context otherwise requires:
Site Services and Reservations
- Through or on the Site, Gother.com may offer one or more of the following Services of an online platform where you can access:
- search engines or tools
- Content to browse different types of Tickets, Bookings of various Vendors of airlines, tickets/excursions, car hire, travel insurance, tour packages, accommodation and lodging
- make online Booking ordering of Tickets, as well as make a reservation and/or purchase on the Site. By placing an order through the Site, you will be able to book and/or purchase the airline ticket, car hire, hotel rooms, event entrance tickets, tourist attraction entrance tickets, tour packages, travel insurance or other services
- our platform to create, upload and publicly make available customer reviews and other content
- My Account and Gother Cash information and
- any other features, content or applications competitions, promotions and surveys that Gother.com may offer or run at the Site from time to time in its sole and absolute discretion.
- Gother Account Registration
User can register for Gother account by email, phone number, and social media account which are Google account, Facebook account, and Apple account. By registering, user are agree to share your data to Gother.
- Travel and Tourist Spot Information
- By displaying particular destinations on our Site and platform, Gother.com does not represent or warrant that travel to such locations is advisable, recommended, or risk-free. In whatsoever circumstances, we shall not be held liable for any damages or losses, any adverse incidents that may result from your travel to such destinations or occur during your trip or your stay. You shall be personally responsible for the selection of travel, travel route and destination, for the entire duration of your trip.
You agree and acknowledge that the accommodations and hotel rooms supplied and any goods and services provided by such accommodations and hotels on the Gother Site and Platform are provided by third parties. As such Gother is strictly not be responsible for any problem that may arise and shall not be liable for any damage or losses, incurred or suffered whatsoever
- You shall be solely responsible to obtain, maintain and have available for presentation, the proper and valid passport, travel permits or foreign entry requirements (including, but not limited to, visas or other travel permits and travel documents, whether for transit or otherwise) applicable to you prior to finalizing your travel arrangements in accordance with the prevailing laws of the country you are traveling from, into, over or transiting in. Gother.com has no obligation and shall not be responsible to notify you of the travel arrangements and permits necessary for you to be able to carry out your travel plans. Gother.com reserves its right to limit its liability in the case of any losses or damages arising out of or in relation to your travel permits.
- By displaying particular destinations on our Site and platform, Gother.com does not represent or warrant that travel to such locations is advisable, recommended, or risk-free. In whatsoever circumstances, we shall not be held liable for any damages or losses, any adverse incidents that may result from your travel to such destinations or occur during your trip or your stay. You shall be personally responsible for the selection of travel, travel route and destination, for the entire duration of your trip.
- Ratings
- Ratings shown on the Site are only provided for the information of users only, and existing ratings are based on information given by third parties such as Vendors, suppliers, users’ review or other review websites. We do not verify the ratings given and are therefore not responsible for the accuracy of the existing rating. We hereby declare denial of any claims, losses or liability with respect to the ratings shown on the Site.
- This Site does not make any representations and should not be construed as making any recommendations or suggestions of the level of service quality or rating of the Vendors listed on the Site. We hereby declare denial of any claims, losses or liability with respect to the quality or status of existing Vendors listed on the Site (who provide airline, hotel or other services). Vendors may be introduced in the form of different classes based on factors including, but not limited to, Buyers’ reviews, ratings or any other factors. The given rating is calculated based on automated algorithms that can be updated and changed as per our discretion.
- Changes in market conditions or circumstances that occur can lead to changes in a short time causing the information provided to be inaccurate or not applicable. In case of any problems, you can contact our customer service for assistance.
- Prices and Promotions: lower prices and/ or promotions may be offered on the Site from time to time, provided that they may involve and require different and specific terms and conditions of Bookings and refund policies.
- We have the right to not accept any user or booking (or in certain cases cancel the booking confirmation) at our sole discretion and for any cause without giving reasons for the rejection/refusal/cancellation. The reasons for rejecting a user or booking or cancelling a booking confirmation may include but are not limited to: breach of these Terms, trade or economic sanctions by global or national authorities, embargo, prohibitions in regulations, fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering, services not being available or no longer being made available by the Vendor, user providing inaccurate, erroneous or misleading information, problems with credit card electronic communications, information or transactions, inappropriate behavior, threats, insults, refusal to provide information, practical impediments, communication difficulties or breakdowns, a Real Mistake (hereinafter described below), history of breaches of these Terms, or being placed on any "black lists" or "watch lists" by governments or international organizations. In case the booking is rejected or cancelled by Gother.com and payment has been made, Gother.com shall reimburse the amount already charged without further charges. We can at any time delete or remove ("Removed") membership of the user of this Site, either temporarily or permanently. Removed Users are prohibited to attempt using the Site in any other name or through other users (hereinafter described in the Fraud Prevention Mechanism condition).
- In a particular case, we may cancel or reject reservations with respect to the "Real Mistake", which does not depend on where the error originated. A Real Mistake is a fault on the Site (for example, in terms of price) which no reasonable person would consider appropriate or to make business sense. The amount charged shall be reimbursed without further charges in such a case.
- Booking Confirmation, Tickets, Vouchers, Fees and Payment
- Booking Confirmation
Certain Services are offered ‘subject to confirmation’ by Gother. Actual time required for confirmation may vary.
- Purchase and Use of the Ticket
(1) Through the Gother Platform, you may purchase Ticket from Gother for the Services offered by the operators in various destinations. Subject to the policy of the relevant operator, you will receive an email confirmation of your purchase that will contain a Ticket confirmation number (“Confirmation Number”) and a printable version of your Voucher.
(2) In order to use your Ticket, you must appear in person at the meeting point designated by the relevant operator on time and present such documents and/or information as may be required by the operator, that may include your Confirmation Number and/or your printed Ticket. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.
(3) An operator may also require you to provide an identification document bearing your photo in order to use your Ticket. Neither Gother nor the operator is responsible for lost, destroyed or stolen Ticket or Confirmation Numbers. Ticket will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Ticket in an unlawful manner (e.g., you attempt to use a Ticket for wine tasting when you are under the legal age to do so), the respective operator may refuse to accept your Ticket and no refunds will be granted.
- Terms of the Ticket
(1) The Terms of Use for each Ticket may vary amongst operators and any restrictions that apply to the use of such Ticket, including but not limited to, a minimum age requirement, will be conveyed to you at the time of purchase on the Gother Platform
(2) Ticket are admission tickets to one-time events (“Events”): the date(s) on which a Ticket can be used will be stated on the Ticket. If you do not use your Vouchers on or by the date(s) noted on such Ticket, except as expressly set forth therein, no refunds will be granted.
- Cancelation of Ticket
(1) Subject to the applicable terms and conditions of your Ticket as specified by Gother, you may cancel your Ticket by contacting Gother customer service within the cancelation period, as stated at the time of purchase on the Gother Platform. If your Ticket is entitled to be refunded, the refund (in the applicable amount), will be made through the original payment method you used to purchase such Ticket.
(2) The operator, not Gother, is the offeror of the Services for the relevant events to which the Tickets correspond to and the operator is solely responsible for accepting or rejecting any Ticket you purchase, as related to all such Services.
(3) Please directly consult with the operator if you have any enquiries or complaints in respect of the Service you received in connection with your Ticket. Except as expressly set forth herein, all fees paid for Tickets are non-refundable. Prices quoted for Tickets are in the currency stated on the Gother Platform at the time prior to purchase.
(4) If an Event which you have purchased a Ticket for is canceled by the operator, Gother will notify you as soon as reasonably practicable and, if the Ticket is refundable, Gother will process a refund through the original payment method you used to purchase such Ticket in the refundable amount.
- Assistance
If you attempt to use a Ticket in accordance with this Terms of Use and the additional terms and conditions applicable to such Ticket and you are unable to do so (due to the fault of the operator or otherwise), please contact Gother at cs@gother.com, and Gother will try to liaise with the Operator for an appropriate remedy.
- Additional Charges
Gother reserves the right to require payment of fees or charges for any Services offered by Gother. You agree to pay all applicable fees or charges, as described on the Gother Platform in connection with such Services selected by you.
- Modifications to Charges
Gother reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on the Gother Platform. Your use, or continued use, of the Services offered by Gother following such notification constitutes your acceptance of any new or revised fees or charges.
- Gother’s Rights and Obligations
(1) Gother reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such determination is at Gother’s sole discretion.
(2) Gother intends to offer or procure the operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
(3) Whilst the operators are required to provide Gother with accurate and updated prices of the Services on the Gother Platform, Gother cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
- Booking Confirmation
- Although we will use our expertise with caution in provision of the services, we do not verify, and do not guarantee, that all information provided is accurate, complete, correct or the latest available, and we are not responsible for any errors (including placement and typing errors), obstruction (either because of temporary and/or partial, damage, repair or improvement to the site or otherwise), inaccurate, misleading or false information or non-delivery of information.
- Through or on the Site, Gother.com may offer one or more of the following Services of an online platform where you can access:
Site & Content Use and Usage Limitations
- User, in using the Services of our Site, is granted with the limited right (“Limited Use”) to access and use the Site to the extent expressly permitted by these Terms.
- To use the Content for your personal and non-commercial purpose, User may:
- retrieve and display Gother.com Content on any compatible device owned by you
- print a single copy of individual articles on paper and
- store such articles in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
- User shall not use the Site and/or any Content, either directly or indirectly, for commercial purposes or for any purposes other than personal use except for a specific circumstance with a prior written consent of Gother.com or unless expressly and specifically permitted otherwise in these Terms or for any unlawful purposes or do any acts that violate the Terms. In addition (but not limited to), User shall not:
- access, monitor, copy, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, resell, trade, exploit or perform any similar act, using technology, software, or any program either manually or automatically, whether directly on and to or indirectly via another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), to and in connection with:
(1) any Services, Tickets and Bookings including information, software, products, and etc
(2) the Site (including, but not limited to, the booking path)
(3) any Gother.com Content and Content of Vendors or any third party or
(4) any User Content of any other User, except with a prior written consent of Gother.com and the owner of such specific User Content
- use the Site in any manner or perform any action that imposes or may impose an unreasonable burden on our Site or Site infrastructure or which could damage, disable, obstruct, or interfere with the use of the Site or other users of computer equipment, or cause damage, disruption or limit the functionality of the software, hardware or telecommunications equipment
- gain unauthorized access or perform unauthorized modification to the Site or other related website, other accounts, computer systems, networks connected to the Site through hacking, password theft or other similar matters
- send a message, information, materials or announcement to or through the Site, or transmit or provide links thereto that violates any law, regulation, or rules, or which can support unlawful or criminal activities
- send a message, information, materials or announcement to or through the Site, or transmit or provide links thereto that defame, slander or intimidate any person, manipulate or falsify information with the aim to disguise the origin of statements provided, or being fake news, fake information or lies
- send a message, information, materials or announcement to or through the Site, or transmit or provide links thereto that may infringe upon any person’s intellectual property or other rights of a particular, including, but not limited to, copyrights, patents, trademarks, trade secrets, confidential information or publications
- obtain or attempt to obtain any materials or information by ways that are not intentionally supplied by the site (including, but not limited to, other destinations provided by this Site). This includes but is not limited to, obtaining or collecting information about others such as email addresses
- engage in fraudulent acts or actions that aim to manipulate a search engine results page (“SERP”) or perform search engine optimization (“SEO”). SEO practices considered unethical or that constitute "spamdexing" include, but are not limited to, cloaking, metadata, title tags, content scraping, link schemes, google bomb, search keywords, hidden text or hidden links, link schemes, comments containing spam and other matters
- seek, create, search for, use or send automated agents or other forms of technology to collect or obtain information from this Site, or otherwise interact with this Site
- decompile, reverse engineer or otherwise attempt to discover the source code of any Gother.com Content available on the Site or through a Service
- use the Site or the Content for unlawful or unauthorized activity and
- do any other action which may adversely affect or result in damage to the Site, Gother.com or its affiliates and employees, or Gother.com’s reputation.
- access, monitor, copy, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, resell, trade, exploit or perform any similar act, using technology, software, or any program either manually or automatically, whether directly on and to or indirectly via another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), to and in connection with:
- In using our Site, User hereby agrees to undertake the following online conduct:
- to comply with these Terms, and such other notices or guidelines that may be posted on the Site by Gother.com from time to time
- not to use any Services, product or Content for any unlawful purpose, and shall comply with all applicable laws and regulations, including, without limitation, intellectual property law
- not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming and
- not to use the Account of another User, whether with or without the owner’s permission.
- Gother Account Deletion
User can request the deletion of their Gother account. By requesting account deletion, all booking information user has made will also be deleted. We will delete your account within 15 days after receiving account deletion request to provide enough time for you to save any information in your account that you may wish to save.
Intellectual Property Rights
- The copyright, patents, trademarks, registered designs and all intellectual property rights in the Site, domain name(s), Services, and all Gother.com Content, information and materials including, without limitation, the copyright in software, text, data, graphics, images, sounds, videos, trademarks, logos, icons, html codes and other codes on this website, and the compilation of all User Content, are owned by and shall vest in and remain with Gother.com (“copyrighted work”). Gother.com reserves and retains all rights in Gother.com’s copyrighted work, and they are prohibited to be published, modified, copied, reproduced, duplicated or altered in any way outside the area of this Site without the express written permission of Gother.com.
- The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Gother.com or other third parties, and all rights to the Marks are expressly reserved by Gother.com or relevant third parties. User is not permitted to use any Marks without the prior written consent of Gother.com or such third party. The name of Gother.com or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without a prior written permission of Gother.com or the other third parties, as the case may be.
- The domain name on which the Site is hosted on is the sole property of Gother.com and you may not use or otherwise adopt a similar name for your own use.
- Nothing in these Terms or any grant of written permission for a specific circumstance shall be construed as granting you a license, an assignment or any rights, implied or otherwise, to use, possess, distribute or modify any of Gother.com’s Intellectual Property rights. Unless specified otherwise, and expressly permitted by copyright laws, you may not copy, reproduce, redistribute, retransmit, publish, or otherwise commercially exploit any downloads you make from the Site without the permission of the owner of the intellectual property rights. Even if you obtain the necessary permission, you are forbidden to make changes or deletions. You hereby accept and agree that downloading any Intellectual Property does not grant you any rights over them.
- Other product and company names contained on the Site, including names, trademarks, marks, service marks, logos, symbols, or other designs may be owned or licensed for use by third parties. Use of third party’s intellectual property rights on the Site is not considered a recommendation or sponsorship for the Site by third parties.
- Unless specified otherwise, the software required for the provision of services, the software available for use on this Site, and Intellectual Property Rights in the Content on the Site are owned by Gother.com, its affiliated or associated companies, licensors, suppliers and content providers. Gother.com shall not be responsible for intellectual property owned by third parties or for infringement of intellectual property rights owned by third parties.
- Gother.com, in making the Site, preparing the source code and performing software support, has also used some open-source software from third parties through the GNU General Public Licence (“GPL”), the intellectual property rights of any source code and performing software support prepared by Gother.com and the open source software are belonged to Gother.com and the relevant third party respectively.
- Gother.com reserves the right to bring a civil claim for the full amount of damages or losses suffered from any infringement of the intellectual property rights. These violations to the intellectual property rights may also constitute criminal offences.
Linked Sites (Third Parties Sites and Content)
- We may upload automated search results or provide links to other sites ("Linked Sites") maintained by other parties that may be of relevance and interest to Users. We may also provide opportunities for third parties to deliver, load, transmit or otherwise make available any Content, information, data, text, images, sound, graphics, video, messages, reviews, or other materials through this Site. Gother.com has not reviewed and has no control over the Linked Sites, source, and the Content and we do not make any endorsement or recommendation and are not responsible for the origin of the Linked Sites, and are not responsible for the content or privacy or other activities on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
Privacy
- Gother.com values users’ confidentiality. Gother.com will endeavor to comply with the requirements of relevant data protection legislation when performing its obligations under these Terms.
- Please do not submit any personal information or data without first reading our Privacy Policy which sets out rights and obligations of Gother.com and the User in relation to privacy.
Disclaimers & Limitations
- The Gother.com Content and Services are displayed and provided for informative purposes on basis of 'as is' and 'as available' only without warranties of any kind either express or implied. To the fullest extent permissible under the applicable law, Gother.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Gother.com does not warrant that the functions contained in or access to the Site, Services, Gother.com Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Gother.com Content or the Servers or Linked Sites are free of viruses or other harmful components, or that the download, installation or use of any Gother.com Content in or with any Computer will not affect the functionality or performance of the Computer. Gother.com does not warrant or make any representations regarding the use or the results of the use of the Gother.com Content, the Services, the Site or the applications in terms of their correctness, accuracy, completeness, reliability, or otherwise. User agrees not to hold Gother.com liable for the loss of or any damages incur to the User that is due to any circumstances beyond the reasonable control of Gother.com.
- The data and information made available on the Site is of a general nature and does not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party or Vendors named on or linked to from these pages is at your sole risk and responsibility. Gother.com does not sponsor, endorse or promote any financial products, services or information.
- User acknowledge that it is not Gother.com 's policy to exercise editorial control over, and to review, edit or amend any data, information, materials, or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that Gother.com does not endorse and shall not be responsible for any such Content.
- User acknowledges and agrees that Gother.com does not endorse or recommend and has no control over services and products of Vendors and third parties, and Gother.com hereby expressly disclaims all liabilities and responsibilities arising in relation to any Vendors and third parties’ services and products whether available or advertised via the Site or on Linked Sites.
- User agrees that all statements, offers, information, opinions, materials, User Content, and services and products of Vendors and third parties, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Gother.com shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
- User acknowledges and agrees that some Services may enable other users to upload their User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Terms, contain viruses or cause you damage. While we will remove any such User Content brought to our notice, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
- User also acknowledges and agrees that:
- Gother.com shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, Services or Products without assigning any reason
- access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, Gother.com shall not be liable for any loss, liability or damage which may be incurred as a result
- Gother.com will try with every effort to ensure the security and safety of our system but we cannot warrant that: (i) the functions, services, and securities features provided in this Site will be uninterrupted or free from error (ii) errors or failures will be repaired or (iii) the Site or the server provide the Services that are free from viruses, malware or harmful components. User assumes the risks and the entire cost of all necessary virus and malware protection and etc., servicing, repair, or correction, including any defect, problem or damage in any Computer
- Gother.com does not warrant the accuracy, authenticity, integrity or quality of the Linked Sites, third parties’ Content, or Content available to and from the Site, including, but not limited to, warrant that they are free from source material that is malicious, incident or controversial and
- In purchasing or ordering a Booking, you shall voluntarily assume your risk and responsibilities in obtaining a valid travel permits and documents. Gother.com does not warrant that you will be granted with a valid travel permits applicable to you and your travel. We do not have any responsibility to notify you or indemnify you in the event that you suffer losses or damages relating to your lack of a valid visa, travel permits, passport, including, but not limited to, refusal of entry upon your departure or arrival.
- In no event shall Gother.com be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Gother.com Content, User Content, Services, products, services or products of Vendors or third parties, any Computers, the Site, or any other website. In the event that it is provable that the fault is attributable to Gother.com and you have terminated the purchase of Bookings at least 3 days prior to the event or the trip or prior to the period otherwise specified in the service conditions by the Vendors, the relevant hotel or service provider of the relevant Ticket, whichever is longer, you agree that Gother.com 's aggregate liability to you for any and all causes of action in relation to the Gother.com Content, Services, Site, and the Bookings, shall not exceed the sum of the amount that you have already paid which will be refunded to your bank account or your credit card if the payment was made by your credit card.
- Without prejudice to what is set out in these Terms, under no circumstances, including, but not limited to, negligence, Gother.com shall not be liable for any direct or indirect, special, consequential, or incidental damages or other economic loss that result from the use of, or the inability to use, the Gother.com Content, Services, products, products or services of Vendors or third parties, Site, or any other Linked Sites, even if Gother.com or a Gother.com authorized representative has been advised of, or should have foreseen, the possibility of such loss or damages.
Indemnification
- Without prejudice to User’s liabilities and obligations for the any losses and damages under Section B and Section C, you hereby agree to indemnify and hold harmless Gother.com and its employees, affiliates, staff and partners, from and against any and all claims, demands, actions, proceedings, liabilities, damages, including, without limitation, legal costs on a full indemnity basis, awards, losses and/or expenses, due to or arising out of:
- your use of the Site or any Service
- your connection to the Site, your access or Content that is given or provided through this Site
- your breach or violation of any terms and conditions of these Terms or any rights or obligations
- your violation of any rights of another person or entity
- your breach of any statutory requirement, duty or law
- a result of actions or claims of third parties, legal authorities, Vendors, or third party’s service providers against Gother.com, in connection with your action and/or
- any act or omission by you, whether negligent, unlawful or otherwise.
- Without prejudice to User’s liabilities and obligations for the any losses and damages under Section B and Section C, you hereby agree to indemnify and hold harmless Gother.com and its employees, affiliates, staff and partners, from and against any and all claims, demands, actions, proceedings, liabilities, damages, including, without limitation, legal costs on a full indemnity basis, awards, losses and/or expenses, due to or arising out of:
Waiver
- No waiver of any rights or remedies by Gother.com shall be effective unless made in writing and signed by an authorized representative of Gother.com.
- A failure by Gother.com to exercise or enforce any rights conferred upon it by these Terms shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
- A failure by Gother.com to enforce any provision of these Terms at any time shall not be construed as a waiver of each it’s rights to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.
Force Majeure
- Gother.com shall not be liable for any non-performance or violation of these Terms, such as for transaction failure, restricted access to the Site, or any damage or harm to users caused by any Force Majeure Events.
- Gother.com shall not be responsible for any damages or losses caused by any means to any party if Gother.com cannot process your order because of a Force Majeure Event.
Dispute Resolution and Termination
- In the event of a dispute arising out of or in connection with these Terms, both Parties shall first discuss in good faith to reach an amicably resolution within sixty (60) days from the date of the notice of dispute.
- In the event of any termination of any binding orders, Bookings, reservations, Tickets, Services, or My Account, you remain bound by the obligations in these Terms, including, but not limited to, the warranties, indemnification, waiver and limitation of liabilities that you may have separately agreed to.
- You agree that Gother.com has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without giving any reason. Gother.com shall not be liable to you or any third party for any termination or suspension of your access to the Site.
Governing Law & Jurisdiction
- These Terms shall be construed in accordance with, and governed by, the laws of the Kingdom of Thailand.
- You hereby agree to submit to the non-exclusive jurisdiction of the Thailand courts.
- This Site is owned and operated by a Thai entity in Thailand. Gother.com makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Notification of Infringement
- Gother.com reserves the right to investigate notices of copyright, trademark and other intellectual property infringement in respect of Gother.com Content and other information on the Site ("Infringing Content") and take appropriate action in accordance with the laws of Thailand. If there is evidence of infringement of your intellectual property rights on this Site, please notify us in writing and provide the information below:
(1) Name and address of the sender
(2) In case the sender is not the owner of the intellectual property rights in connection with the Infringing Content, please include the name and address of the owner of the intellectual property rights
(3) In case the sender’s address is not in Thailand, the sender shall provide a temporary address in Thailand
(4) Sender’s telephone number, facsimile (if any) and electronic mail address
(5) Sufficient details so as to prove the existence of intellectual property rights violations, including online addresses of electronic copies
(6) A statement that the sender in good faith recognizes the violations as identified as the Infringing Content and a request to remove or disable access to the electronic copy or version of Infringing Content
(7) A statement that the information provided in the notice is accurate
(8) A statement that the sender (a) is the owner or exclusive holder of the intellectual property rights that are being infringed or (b) has the legal authority to act on the owner or exclusive holder's behalf and
(9) A statement that the sender subjects to the laws of Thailand and that all claims, disputes, controversies or differences arising out of intellectual property rights infringement shall first be mutually discussed and negotiated in good faith to amicably settle between the parties and it shall be subject to the jurisdiction of Thai court.
- The letter must be signed by the sender and delivered physically and via email to
“Search Engine Optimization Co., Ltd.”, at the following address: 2525 FYI Center Building, 2nd Floor Unit 12, 2/1201-2/1202 Rama 4 Road, Khlong Toei Sub-District, Khlong Toei District, Bangkok, Thailand 10110.
Email address: cs@gother.com
- Gother.com will review and handle the letter notifying of the Infringing Content in accordance with the laws of Thailand and will in response thereto remove the Infringing Content from the Site. In return, you agree that you shall first give Gother.com the notice in the manner as stated above and the sufficient opportunity to remove the Infringing Content, and you shall not take any legal action or exercise any legal remedy you may have against Gother.com in respect of any Infringing Content, unless thereafter Gother.com refuses or fails to remove the Infringing Content within a reasonable time. Where we remove the Infringing Content in response to your notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Content appearing on the Site prior to such removal by us.
- You acknowledge and agree that Gother.com has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third parties’ sites.
- Gother.com reserves the right to investigate notices of copyright, trademark and other intellectual property infringement in respect of Gother.com Content and other information on the Site ("Infringing Content") and take appropriate action in accordance with the laws of Thailand. If there is evidence of infringement of your intellectual property rights on this Site, please notify us in writing and provide the information below:
General Provisions
- These Terms shall constitute the entire agreement and understanding between you and Gother.com on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and Gother.com concerning the subject matter thereof.
- To clarify, Gother.com does not manage or control the Vendors.
- If you use the Site for or on behalf of a third party (“principal-buyer”), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. When using the Site for or on behalf of a principal-buyer, you agree to indemnify and hold Gother.com harmless from and against any and all liabilities, losses, damages, suits and claims including legal fees, arising from or connected to the breach of these Terms or negligence by you and/or the principal-buyer.
- These Terms are drawn up in the English language. Any translation into another language is for convenience and information purposes only. In case of conflict between the English language version and any such translation, the English language version shall prevail. Headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of these Terms.
- In the event that any provision is determined to be void, unenforceable or invalid, under any law that is applicable hereto or by any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The invalid provision shall be replaced by a provision approximating as much as possible the original wording and intent.
- You may not assign or transfer your rights or obligations under these Terms, without our prior written consent.
- Except where expressly stated, nothing in these Terms is intended to grant to any third party any right to enforce any term or to confer on any third party any benefits under these Terms.
- Notices given to us pursuant to these Terms shall be deemed sufficiently given if they are in writing and forwarded by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified).
- We reserve the right to amend or repeal the Terms (or parts thereof) in our sole discretion. We may amend the Terms at any time by posting a variation on the Site. The latest version of the Terms will supersede all previous versions. Any use of the Services after the amendment of these Terms will be deemed to be acceptance of the amended Terms by you. If you do not agree to the amended Terms, you have the right to close your Account and/or cease using the Site and Services.
- Gother.com reserves the right to change, modify, suspend or discontinue the whole or any portion of the Site, Services or products at any time. In doing so, Gother.com has sole and full discretion to change, postpone, discontinue or stop this Site and/or part of the Site, including Services or products that are made available in this Site, and/ or usage of this Site, or part thereof, at any time for any reason without prior notification to you. We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
- If you have any questions or concerns about these Terms or on the Site, please email us at cs@gother.com .
Section B. Gother Terms & Conditions of Online Bookings (“Booking Terms”)
Buyer and Application of Booking Terms
- You must be at least eighteen (18) years old to use the Site, make a Booking order, Booking and reservation and have full legal capacity to make the transaction (or have authorization from your legal guardian).
- You acknowledge and agree that to make a Booking and to access and use certain services of this Site, you will be registered as a member in My Account.
- These Terms shall govern the Bookings of Tickets listed on, accessed, and made by the Buyer at this Site and/or online platforms of Gother.com, provided that where the Buyer has to signed a separate purchase agreement with Gother.com or subject to the separate and specific terms and conditions of the Vendors, the terms and conditions of the separate agreement and/or the Vendors’ terms and conditions shall govern and apply.
- By making a Booking and/or ordering the Tickets and/or accepting delivery of the electronic Tickets, the Buyer agrees to be bound by and accepts these Terms.
- Any third party who is not the Buyer of the Contract shall have no right under the Contracts to enforce any term of the Contract and this Bookings Terms. For the avoidance of doubt, nothing in this Clause shall affect the rights of any Buyer’s assignee or transferee of the Contract, regardless of any permission.
- The user agrees and warrants that it is ordering Bookings for its own use only and not for re-sale or merchant purposes.
- By placing an order through this Site, you hereby represent and warrant that you are not subject to any prohibitions or restrictions by any sanctions program, or subject to any penalties under any anti-money laundering regime.
User’s Orders
- User shall indicate the Tickets/Bookings it wishes to order and the quantity required, at the price and availability provided on the Site, by placing a Booking order on the designated online form at the Site and providing to Gother.com all necessary and required information. You can use the site to place orders and you hereby warrant and agree that you will not submit false reservation requests. You hereby declare to ensure that the payment information you provide is accurate. You also agree and warrant that you provide an accurate email and mailing address as well as other details of your contact information.
- All Booking orders made by the user for one or more Ticket (s) shall be deemed to be an offer made by the user to purchase such Tickets/Bookings upon the terms and conditions of these Terms and for the selected Tickets and quantities set out in the Booking order. All Booking orders shall be subject to acceptance by Gother.com.
- Subject to our reservation to refuse the Booking for reasons set forth herein, Gother.com may accept a Booking order by providing a Booking confirmation via email.
- Gother.com has the full and absolute rights to:
- decline to accept or reject the Buyer's Booking order in whole or in part without giving any reason or
- delay or defer acceptance of any Booking order in whole or in part due to check and confirmation of Vendors’ services unavailability, price and charges, or for any other reason. For the avoidance of doubt, no Booking shall come into existence unless and until the Booking order has been accepted by Gother.com in the manner set out herein. Processing of Credit Card payment or transfer of money into our bank account for a Booking order shall not in itself constitute acceptance of the Booking order by Gother.com, provided that where a Booking order is rejected by Gother.com, any payment made for such Booking order shall be returned or refunded by Gother.com.
- In the event of any special requests (for example: rooms easily accessible by wheelchair, change of name, change of date, adding “frequent flyer” points or equivalent), the user can insert the request when making a booking on the Site or contact the Vendor directly (as applicable). The request will be addressed at the Vendor’s and Gother.com’s discretion, based on availability and other factors.
- User’s verification on final confirmation of the Booking orders.
- User acknowledges that each price listed on the Site is only available with certain conditions and these prices may change depending on the availability of Booking/Ticket, length of Booking and/or other factors. Available prices can include additional taxes and other charges, but in certain circumstances it may not include taxes and service charges.
- User agrees that they are responsible for verifying the total cost to be paid and other terms and details when the confirmation email is sent. The user must verify the Booking through the email received to confirm the Booking or the Booking history.
- User can cancel the Booking before the final confirmation is done. Prices shown are detailed so that users can see the amount to be paid, any additional costs due to the use of credit cards or inter-bank fees charged for the shipping fees will be charged to the user. If there is a discrepancy in the amount paid, Gother.com will provide an email notification of the amount to be paid by the user. If the event that the user cancels the booking before paying in full any existing shortcomings, Gother.com has sole discretion whether to refund the amount paid or refund an amount reduced by the costs incurred by Gother.com as a result of non-payment of the cost of these shortcomings by users in accordance with procedures prescribed by Gother.com. If the user has any doubt about the service, the user can contact Gother.com customer service (during customer service operational hours).
- For any cancellations other than the reason above, Gother.com will work with you to refund amounts already paid by you, reduced by the costs incurred by Gother.com, e.g. inter-bank transfer fees. Refunds may not be immediate depending on your initial mode of payment. You can contact Gother.com customer service for further details on the estimated duration for receiving your refund and we will assist you as practical as we can.
- Cancellation of order, Booking or Reservation
- By making an order, Booking or reservation through the Site, you accept and agree to the terms and conditions of relevant Vendors, including policies regarding cancellation and/or absence, or your specific requests which may be given to the Vendors. Gother.com is not responsible for any violation of these terms and conditions which are agreed on between the Vendor and the user, or which are based on the user’s specific requests, so please read the Vendors’ terms and conditions carefully.
- Regarding refunds, Gother.com may be able to withhold or take part of the amount paid to reimburse the costs that have been incurred in connection with the cancellation.
- Flight Refund & Cancellation
- Should you purchase a roundtrip ticket for the same airlines under the same booking Passenger Name Record (PNR). The ticket must be used in full as partial use of the ticket may cause the other flight ticket segment to be invalid or non-refundable. Gother will not be held responsible for such event.
- Your bookings are subject to airlines or our suppliers’ terms and conditions. The example of issues are fare policy, baggage policy. Please refer to airlines or our suppliers website for related issues.
Hotel Reservations and Additional Charges from Hotels.
Before making a Booking and/or hotel reservation, user acknowledges that:
- All prices for hotel reservations provided through our Site (the "Hotel Price") are based on your selections, such as for the requested period of stay and number of guests, unless otherwise specified. Hotel room reservation rates are quoted per room and per night. You are responsible for verifying whether your selection and any additional requests or services are reflected in the price displayed on the Site (such as the Hotel Information provided before the final booking confirmation) and/ or in the email confirmation. Breakfast is usually not included, unless otherwise stated.
- Hotel resort fees and other mandatory costs and local taxes, tourist, or occupancy charges (if any) will be paid by you, and are usually not taken into account in the Hotel Price unless otherwise stated. You are responsible for verifying any explanations or policies provided by the hotel on the Site.
- Insurance of any kind is not included in the rate, unless otherwise stated.
- The standard hotel room reservation is for one or two guests, depending on the hotel an additional charge will usually be required for an extra bed. The hotel can refuse to accept additional guests if not notified in advance.
- Some hotels may charge you a resort fee, but may require additional charges (or the like) to use certain services. The resort fee is usually not included in the Hotel Price more details will be included in the hotel’s description on the Site. You may also be charged directly by the hotel for products and services including but not limited to: energy surcharge, baggage handling fees, the cost of delivery of newspapers, in-room security costs, travel/tour fees, or the cost for cleaning the rooms under extraordinary circumstances. This practice of additional hotel charges is beyond Gother.com’s control.
- Optional incidental expenses and personal consumption charges (such as those incurred during the Hotel stay) are not usually included in the Hotel Price. Such charges include, but are not limited to, parking fees, in-room minibar charges, telephone charges, room service, food and beverage costs, special (gala) dinner costs, movie rentals / movies-on-demand, and Internet usage costs. During certain peak holiday seasons, some hotels may make their special dinners compulsory (such as for the New Year, Christmas, Chinese New Year and other events). Such charges are not included in the room rate, but will be displayed on the booking form. Please refer to more details listed under "Hotel Information", "Requirements Booking", "Cancellation Policy" or similar headings on the Site. If you are unsure whether or not a charge is included in the tariff, please contact our customer service team to clarify
- Certain hotels may add fees for transport or transfer to and from the airport. This is a common practice for travelling between islands (such as the Maldives), in order to reach the hotel. Such transportation is always governed by the hotel, and is offered by or on behalf of the hotel, which is responsible for the transportation service. Gother.com does not arrange any transport and is not responsible for such transport service. You agree that Gother.com is not responsible for the quality, safety, frequency or service level of the transportation services, and for any loss or damage that may result from the use of such transportation services.
- In some jurisdictions, hotels may be required by law to directly collect occupancy tax or local city tax from guests. Government authorities may also declare additional taxes and may require the hotel to collect such taxes directly. You agree to pay any and all of such taxes/costs to the hotel directly upon checkout, unless otherwise specified. If you have any questions, please contact Gother.com Customer Service regarding any additional costs that may be included in the Hotel Price.
Payment Details and Procedures
- Payments shall be made in the full amount and currency as stated. Depending on the type of Products, the amount payable may include or exclude additional fees such as bank fees, payment gateway fees or any other charges to and by Gother.com.
- Gother.com does not collect taxes or levies related to the services of Vendors or third party’s service providers. If a hotel or city destination charges taxes, those taxes are the responsibility of the user.
- For all forms of reservations, you must make payment within the specified time limit. If the payment is not made, then Gother.com reserves the right to cancel all reservations.
- Payment methods include but are not limited to bank transfer and credit card. For payment by bank transfer, you must provide the bank transfer receipt as proof of payment of reservations listed in the Gother.com confirmation email. You must follow the procedures contained in the confirmation email.
- For other payment methods such as credit card, you must follow the procedures stated by Gother.com and/or the relevant payment service provider.
- After you make full payment, Gother.com will place the order and issue a reservation code, which will be accompanied by:
- Booking Code
- Customer Name
- Number Booking
- Booking Details
- Phone Number / Extension.
- Gother.com shall not be held responsible or liable for any cancelled issuing of e-tickets caused by inaccurate transfer amounts, or exceeding the time limit for transfers. For real-time interbank transfers, you must use an ATM. After completing the inter-bank transfer, please confirm your payment by filling in the payment confirmation form.
- Price and Promotions
- Gother may offer lower prices and/or promotions from time to time. Please note that these may involve different conditions and requirements as it relates to booking and refund policies.
- If there is any promotion provided directly by a Vendor, then the rights and authority over the promotion will be fully under that Vendor’s separate terms and conditions and will not apply to the reservation conducted through Gother.
- Discount Tickets
Gother Discount Tickets are vouchers with a one-time use and will not be returned and if used, will be sent to your designated email address or applied directly to your Gother Account, which may be used in exchange for discounts of future bookings on the Gother Booking Platform. For the avoidance of doubt, once you have used the Gother Discount Tickets on the Gother Booking Platform, such Gother Coupons will not be returned or refunded under any circumstances.
- Abuse of Discounts
In the event where Gother discovers that the Gother Discount Tickets were earned in a fraudulent manner, in a manner that violates these Terms of Use or in a manner otherwise not intended by Gother, Gother reserves the right to do any or all of the following: (a) Termination of your Gother Account with immediate effect or (b) Cancelation of all Gother's Discount Ticket as previously accrued or (c) Refusal of the provision of the Services to you or (d) Any other measures as deemed appropriate by Gother at its sole discretion.
Payment by Credit Card
- For payment of Bookings placed through this Site by credit card, your credit card will be billed by Gother.com for the full price at the time of booking and confirmation of the booking (any refund that may be given will depend on the conditions of the existing reservations). You must check the booking details thoroughly each time before you make a reservation. Gother.com will process any refund, as applicable, within a reasonable period. For certain reservations, you may have to pay the Vendor directly. To safeguard and encrypt your credit card information when in transit to us, we use encryption technology such as Transport Layer Security (“TLS”) or Secure Sockets Layer (“SSL”) to ensure the integrity of your information.
- In the case of credit card fraud or unauthorized use of your credit card by a third party, you must contact your bank or card issuer immediately after realizing such unauthorized use. In such a case, Gother.com takes no responsibility over any case of credit card fraud or unauthorized use of your credit card by a third party, regardless of whether such fraud or unauthorized use was carried out through Gother.com services (including, but not limited to, Gother.com’s application). Gother.com is not obliged to make refunds or repayments to you as a result of such fraud. As part of our goodwill, we may provide a form of compensation to you subject to review and approval by us. You shall only be eligible to request compensation if such reservations have been made through our secure servers and the fraud or unauthorized use of your credit card is a result of our default or negligence and through no fault of your own while using the secure server. We accept no liability of the fraud or unauthorized use of your credit card if it was done through applications or servers other than our own or if it is as a result of a fault or negligence of your own. If you suspect any unauthorized reservations or fraud committed on Gother.com, you must contact our Customer Service team immediately.
- You must use a credit or debit card that you own, issued in your name, and make sure that there are sufficient funds to cover the transaction costs. Any fees incurred by you for authorizing a transaction that results in an over-drawing of your account are not the responsibility of Gother.com.
- You shall ensure that the details you provide to us are completely accurate. Gother.com reserves the right to not accept certain credit cards. Gother.com can add or remove other payment methods at our sole discretion. In certain cases, we may require additional information or verification to validate and confirm the booking, as described in more detail on the Site. Reservations are not confirmed until you have received a confirmation email with an e-ticket or voucher and there is the possibility that the Vendor can implement fraud examination mechanisms during the booking process. If fraud occurs or is determined to occur, then the booking will be void. Gother.com shall not bear any responsibility for such cancellations by the Vendor. If you choose not to submit additional information, reservations will not be completed and will be voided.
- Gother.com reserves the right to exercise its lawful remedies if a dispute or issue arises over credit card payments, or if it does not receive full payment for a Booking on Order. In particular, but without limitation to any other remedies, if the credit card company or the paying bank rejects or reverses payment for a Booking order, Gother.com may at its sole discretion:
- reject such Booking order, or suspend or cancel the Booking with the Vendors or the third service providers of such Booking or
- claim against the user/Buyer for the full price of the Booking order or Booking.
Book Now, Pay Later Option
Before you make a Booking, our Site will notify you of the different payment options that are available for your selection for that Booking. Although in most cases, Bookings shall be payable in full upon selection and confirmation of your Booking (“Pay Now Option”), in certain cases, subject to Gother’s then applicable terms and conditions, you may have the option to pay Gother for your Booking at a later date (“Book Now, Pay Later Option”) or paying the Travel Supplier directly (“Pay at Hotel”).To the extent your Booking includes the reservation of accommodation, you may have the option to select the Book Now, Pay Later Option.
- Book Now, Pay Later Option
- Notwithstanding other applicable provisions in these T&C regarding payment being required upon your Booking being made, under the Book Now, Pay Later Option, you will only be required to make payment of the Booking on the date which will be at such future time as indicated in the corresponding confirmation email sent by Gother to the email designated by you (the “Actual Charge Date”) and you hereby agree to authorize Gother or any other Gother group company to charge your Credit Card on such Actual Charge Date and
- Gother will need to retain your Credit Card details from the time the Booking is submitted, in order to charge the Credit Card with the balance at the time when the Booking amount becomes payable as provided in the Book Now, Pay Later Option.
- Pricing and Surcharges
Currency
Gother.com provides you with the option to select the currency in which you are charged and the currency displayed to you on Gother.com. Details on prices, currency options and currency-related charges are as follows:
- Definitions:
“Card Currency” means the currency of your credit card, debit card, digital wallet or other payment method accepted by Gother.com used by you to pay for your booking.
“Charge Currency” means the currency you are charged for your booking,
“Display Currency” means the currency of the prices displayed on Gother.com. You may select your preferred Display Currency from the options provided on Gother.com.
“Product Currency” means the currency of the Tickets, Bookings or other products prices determined by Vendors and offered through Gother.com. The Product Currency is the currency in the territory where the Ticket, Booking or other product is located or provided.
“Open Exchange Rate” means the applicable exchange rate referenced by Gother.com on the applicable day.
The price charged to you will be charged in the selected Charge Currency.
- Book Now, Pay later
Notwithstanding any other provisions of this T&C requiring payment to be made simultaneously with your Booking, if you select the Book Now, Pay Later option, you will be entitled to make payment of the Booking only upon such date in the future as stated in the confirmation email sent by Gother.com to the email designated by you (“Actual Charge Date”). As a result of your selection of the option to Book Now, Pay Later, you hereby authorize Gother or any Gother group company to charge your credit card on the Actual Charge Date.
- Increase in the amount charged due to currency selection:
If you make a booking using ‘Book Now, Pay Later’, prices are subject to adjustment due to currency exchange rates on the date of booking and the date of charge based on:
(1) Display Currency. If your Charge Currency is different from your Display Currency and
(2) Product Currency. If your Charge Currency is different from the Product Currency
All ‘Book Now, Pay Later prices are subject to 3% surcharge
- Definitions:
- Book Now, Pay Later Option
Section C. Terms & Conditions of Online User and My Account
Account ID, Password, Account Information
- For My Account registration purposes and process:
- We will collect and process your personal information, such as your name, electronic mail (e-mail) address, date of birth and your mobile phone number when you make order.
- You shall provide us with accurate, complete, and up-to-date information and proof of identity when we request. Failure to do so shall constitute a breach of these User Account Terms, which may result in the restriction, suspension or immediate termination of your Account and the order.
- You agree that your Account is for your sole, personal use (or that of the entity on whose behalf you are entering into these User Account Terms). You hereby agree:
- not to share with or allow others to use your Account
- not to assign or otherwise transfer your Account to any other person or entity
- to maintain and safeguard the security and confidentiality of your account ID and password and
- to promptly notify us if you no longer have control over your account and of any known or suspected unauthorised use(s) of your Account (e.g., your account is hacked in any way or your phone is stolen), or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password, in order that we can properly assist you to temporarily block and/or inactivate your account.
- You shall be bound by and responsible for, and Gother.com shall be entitled to rely on, all communications transmitted through the use of your Account ID and Password, and all such communications shall be deemed to be communications made and issued by you.
- In the event of any unauthorized use of your account resulting from disclosure of your password in any way whatsoever or any improper authorized use of your Account contrary to the above, you acknowledge and agree that you shall be bound by and responsible to such improper use of your account or identity, order(s), booking(s) received from your Account. For the avoidance of doubt, such improper use of your account by you or others shall still be considered as a valid order or booking and we will process such order(s) or booking(s) and you hereby agree to reimburse and render harmless to Gother.com of any loss or damage arising from the improper use of your Account ID and Password.
- You shall be solely responsible for all User content, messages, and all online activity at the Site transmitted or conducted through the use of your Account ID and Password. You hereby agree to reimburse and render harmless to Gother.com of all responsibility and liability for loss, damage, cost, expenses, or liabilities arising as a result of or in connection with your User content and/or the negligent, wrongful, unauthorised or fraudulent use of your Account ID and Password.
- By providing the information requested for your registration of Account, you hereby consent to Gother.com's use and disclosure of the User and Account information for the purposes set out in our Privacy Policy.
- For My Account registration purposes and process:
Membership Loyalty Program
- By registering an Account with Gother.com, you will automatically be a member of our loyalty program named “Gother Cash” operated by Gother.com.
- As a member of Gother Cash, you will gain access to the points, promotions, discounts, features, or other benefits offered by Gother.com and/or third-party merchants as made available from time to time in the Application. For avoidance of any doubt, we may from time to time change, remove, or make unavailable part or whole points, promotions, discounts, features, or other benefits offered by us.
Account holder and User Obligations
- You represent and warrant that you have read and agree to be bound by all of our Terms.
- You hereby agree and undertake:
- to treat all users and community of users with respect and civility
- not to annoy, harass, threaten, offend, insult, abuse, defame, infringe, or injure any other users, or commit any unlawful or tortious acts against other users or third party
- not to spam, mail bomb, send viruses, spyware, malware, worms or other damaging material to other users, or act in any manner that adversely affects the use of the Services by other users
- not to harvest or otherwise collect information about users, including email addresses of the others on, from and via our Site.
- Any infringement, fraudulent, abusive, or otherwise illegal activity, or any breach of the Terms, shall be a ground for banning your use of the Site and Services and/or terminating your Account and you may be reported to the competent authorities.
- You agree to indemnify and hold Gother.com, and its subsidiaries, affiliates, staffs, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities, penalties, and expenses, including without limited to legal fees, damages on a full indemnity basis, awards, losses and/or expenses, due to or arising out of:
- any User Content posted by you
- your use of any Site and Services
- your breach of warranty, or breach of any terms and conditions of the Terms or
- your misrepresentation, fraudulent acts, tortious acts, breach of contract, or violation of any rights of another person or entity.
Suspension and Termination of Account
- You agree that Gother.com has the right, at its sole and absolute discretion and without a prior notice and for any cause without giving any reason:
- to temporarily block, delete, terminate, suspend or inactivate your Account and any and all related information and files in your Account and/or
- to restrict, suspend, or terminate your access to all or any part of the Services.
- The reasons for taking any action against the User’s Account are for example, but are not limited to:
- breach of these Terms or if Gother.com believes that you have been using the Account for unlawful and/or undesirable activities.
- prohibitions in regulations
- fraud or theft (or indication or suspicion of fraud or theft)
- suspicion of criminal activity
- suspicious ordering
- user providing inaccurate, erroneous or misleading information
- inappropriate behavior, threats, or insults
- refusal to provide information
- practical impediments
- communication difficulties or breakdowns
- User is listed on any “black lists” or “watch lists” by governments or international organizations or
- your Account has been inactive for a period of six (6) months or more.
- You agree that Gother.com shall have no liability or responsibility for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account and/or accessing to the Services.
- If your Account is suspended or terminated at any time due to any reason, you shall still liable to pay for the Service, Order and/or Booking you have made and Gother.com has processed thereof with the Vendor before your Account is suspended or terminated.
- You agree that Gother.com has the right, at its sole and absolute discretion and without a prior notice and for any cause without giving any reason:
User’s Review and Rights to User Content
- In submitting, uploading, reviewing or publishing on the Site or through Gother.com, you agree:
- not to provide, post, share, upload, disseminate in whatsoever manner, any User Content that is inaccurate, misleading, libelous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law or the proprietary or other rights of any third party
- not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortious acts against other users
- not to provide, post, share, upload, disseminate in whatsoever manner, any User Content that solicits funds, or includes programs that contain viruses, Trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer or
- not to provide any improper works of the third party without owners' permission, any links to third party websites or use any third-party trademarks, or any content which relates to intellectual property rights of the other parties.
- By completing a Booking, you hereby agree to receive electronic mail(s) containing an invitation to provide reviews or content reviews with respect to the selection of Vendors. Gother.com has sole discretion whether your review will appear on the site. Gother.com can display the review, which may contain comments, level of service and your name as you have indicated in your review.
- In providing a review, you agree to ensure that:
(1) you own and control all of the rights to the reviews that you provide to the site
(2) the content of the review is accurate and contains no misrepresentations and
(3) the use or performance or transmission of the content of the review does not violate the Terms or applicable laws and regulations, you are not violating any third party’s rights, and you are not causing injury to any party.
- You must bear all responsibility for the content of the reviews that you provide or submit.
- Content review provided to Gother.com will be deemed to not contain confidential information and Gother.com shall have no obligation to treat the content review as confidential information. Without limiting the provisions contained in the Terms, Gother.com has sole discretion to use the content review as deemed appropriate, including but not limited to removing, cutting, modifying, or otherwise editing the review. Gother.com shall have no obligation to pay for the content that you submit in a review, including but not limited to content review that has been changed, eliminated or cut. Gother.com shall have no obligation to provide or include or mention authors or other third parties.
- In any case, you hereby agree that with respect to the content of the reviews:
(1) You do not require any attribution or identification on any derivative works. You hereby waive all rights and agree not to claim any rights in the Content of your review and
(2) You consent that all content of reviews submitted to Gother.com may be used by Gother.com and its employees, successors, and transfer recipients in any way, at any time. This includes but is not limited to publishing, modification, and reproduction of the review either in its entirety or in partial form.
- In providing a review, you agree to ensure that:
- User must exercise respect when participating in any community feature on the Site which permits you to upload or submit User Content.
- If, at any time you provide, upload or post User Content to the Site you automatically agree:
- to grant Gother.com, its affiliates, subsidiaries and subcontractors of a non-exclusive, free of charge, irrevocable, perpetual and worldwide rights to use including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast and to sub-grant the right to use the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers
- to represent and warrant that:
(1) all User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party and the use by Gother.com and other users for the purposes and in the manner set out in this Terms, and the hosting of the User Content on the Servers by Gother.com will not be deemed infringement of any intellectual property or other rights of any third party
(2) none of the User Content are proprietary or confidential and
(3) none of the User Content are the works of the third party, nor will they expose Gother.com to any civil or criminal proceedings in any part of the world.
- Gother.com may monitor the User Content and Review, but is not obliged to do so. Gother.com at all times retains the sole discretion without giving any reason whatsoever, to remove or decline to accept any User Content from the Site or which is the subject of any dispute with any third party.
- You agree to indemnify and hold Gother.com, and its subsidiaries, affiliates, staffs, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities, penalties, and expenses, including, without limited to, legal fees, damages on a full indemnity basis, awards, losses and/or expenses, due to or arising out of any User Content you submit, post to or transmit through the Site or Services.
- The copyright and intellectual property rights in all User Content which belong to you prior to uploading on this Site shall be retained by you, subject to the rights granted by you under these Terms and subject to Gother.com's rights in the compilation of all User Content.
- In submitting, uploading, reviewing or publishing on the Site or through Gother.com, you agree:
Use of Services:
Services are subject to all terms and conditions of
Gother.com Terms and Conditions or the execution of a separate contract between Gother.com or Vendor and yourself.Fees:
The initial registration of Account ID and Password and Gother Cash with the Site is free. Gother.com at its sole and absolute discretion, may at any time in the future impose a fee or vary any fee for any Account and membership loyalty program registration and maintenance by notifying you.
Written Evidence:
You hereby acknowledge and agree that your use, access, order, booking of the Services or the Site, your Account, your User Content though the Site in electronic format, are the written documents, and you shall not dispute or challenge the validity, admissibility or enforceability thereof on the grounds that it is not signed nor it is not an original or written document.