Last Update - 5 September 2019
1. GENERAL / INTRODUCTION
d) If you are a resident of the European Union (“EU”), please see Appendix A for additional information regarding Ormond Group Hotels’ use of your Personal Information.
3. INFORMATION COLLECTION AND USE
b) We may collect other data which do not generally reveal your specific identity or do not directly relate to you or a Third Party as an individual (“Other Data”). To the extent Other Data reveals your specific identity or relates to you or a Third Party as an individual, we will treat such Other Data as Personal Information. Other Data includes without limitation, a catalogue of the site pages you visited, number of visits to our Website, browser and device data, app usage data, data collected through cookies (see the COOKIES section below), pixel tags and other technologies, demographic data and other data provided by you and aggregated data.
c) If you are using a mobile device when browsing our Website or make any bookings through our Website or mobile Apps, we may collect your IP address or other device identifier, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and other portable device information.
d) When you log into our hotel’s WiFi or have your WiFi settings switched on in any of our Ormond Group Hotels or where you are using a mobile device whilst in our Ormond Group Hotels with its WiFi capability switched on or during your access to our free WiFi, we may additionally collect your phone operating system details, MAC address and location data whilst you are within any of our Ormond Group Hotels or immediately within its perimeters. If you do not want us to track your device or use your information in this way, please turn off the WiFi capability on your phone or other electronic device within your settings.
e) You are responsible for ensuring that the Personal Information you provide us is accurate, complete and not misleading and that such Personal Information is kept up to date.
f) We may collect Personal Information in one or more of the following circumstances or for one or more of the following purposes:
(i) to process your booking and for other operational and administrative purposes, including without limitation, processing bills and payments, travel notification, manage your account;
(ii) to complete your reservation and stay, for example, to process your payment, ensure that your room is available and provide you with customer related service;
(iii) to provide you or someone else you know customer support and services. In the case where the Personal Information is provided to us in your application for a role with any member of the Ormond Group, to assess your suitability of employment with us, performing the contract of service, personnel administration, training and management purposes, purposes related to a benefit provided to you as an employee of a member of the Ormond Group, performing such other contract as may have been entered between you and us and such other purposes as may be related to the foregoing;
(iv) to undertake various activities that are required by law and to comply with legal and regulatory obligations, including financial reporting requirements imposed by government regulators and our auditors;
(v) for the establishment, exercise or defence of legal claims or proceedings;
(vi) for administrative, operational, marketing, planning, product or service development, troubleshooting and research requirements;
(vii) to send you information on products and services, and special or promotional offers, newsletters, customer survey forms, market research and questionnaires;
(viii) as part of a program you have joined (e.g. loyalty program) or purchase you have made to offer and manage your participation in the loyalty program, send you offers, or promotions and information about your account status and activities;
(ix) for data analysis, audits, security and fraud monitoring and prevention (including with the use of closed-circuit television (CCTV), card keys and other security systems), developing new goods and services, enhancing, improving or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities;
(x) to resolve disputes or enforcement of our terms and conditions available at our Website (if any) or any of our Ormond Group Hotels; and
(xi) for any purpose made known to you at the time at the time of collection of your Personal Information (collectively referred to as “Purposes“).
g) At any time you may opt-out of receiving marketing communications from us by contacting us (see the CONTACTING US section below) and we will ensure that your name is removed from our mailing list.
h) We use general, aggregated information to generate statistics and measure site activity to improve the usefulness of customer visits. Such information does not include Personal Information.
i) We may disclose your information:
(i) to our related companies, affiliates, advisors, contractors, vendors or service providers, licensees, auditors, banks, business partners for the purposes of operation and maintenance of our Website or our business, for cross-promotional purposes and to otherwise provide customer support and services to you;
(ii) to owners and operators of our franchised hotels or our business partners and investors;
(iii) to other third parties with whom we have commercial relationships, for marketing, advertising and related purposes, unless you have indicated that you do not wish for us to disclose to such third parties for marketing and advertising purposes;
(iv) to social media websites;
(v) to a third party in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the Ormond Group Hotels’ business, assets or stock (including any bankruptcy or similar proceedings);
(vi) to permit us to pursue available remedies or limit the damages that we may sustain in a court of law; and
(vii) as required or authorised under law or provided in co-operation with any governmental authority.
j) If you fail to provide us with Personal Information stated in paragraph 3(a) above, we may not be able to perform and/or carry out any of the Purposes.
4. SENSITIVE INFORMATION
The term “sensitive information” refers to information related to your racial or ethnic origin, political opinions, religious or philosophical beliefs, traded union membership, physical or mental health, sexual orientation, genetic information, criminal background and any biometric data used for the purpose of unique identification. In some jurisdictions, mobile phone numbers, location data, and information contained on identity documents also are considered sensitive information.
We do not generally process sensitive information unless you explicitly consent to the processing of your sensitive information or unless we are required to do so pursuant to applicable laws or regulations. We may use health data provided by you to serve you better and meet your particular needs (for example, the provisions of disability access).
5. TO PREVENT FRAUD
We share your financial information including your credit, debit card or other payment information with third parties to ensure that your payment is safe and that your details are not being used fraudulently. This data sharing enables us to conduct fraud analysis which ensures that genuine and accurate payment details are provided to us for any purchase. We may share your Personal Information with credit agencies if you are requesting credit.
6. MARKETING AND PROMOTIONAL COMMUNICATIONS
a) We may use the Personal Information provided to send you information on products and services, and special or promotional offers offered by any member of the Ormond Group, newsletters or customer survey forms and questionnaires via SMS, post and email unless you have indicated that you do not wish to receive such materials.
b) You may opt out of receiving any communications from us at any time by clicking on the “unsubscribe link” on the relevant email communications or contact us with your request (see the CONTACTING US section below).
7. SECURITY OF YOUR PERSONAL INFORMATION
a) We will take reasonable steps to protect any Personal Information we receive from you via our Website from misuse and loss and from unauthorised access, modification or disclosure. We may hold your Personal Information in either electronic or hard copy form or retain third parties to hold that information on our behalf. Where required by applicable laws, Personal Information will be destroyed or de-identified when no longer needed.
b) By providing us with Personal Information or using our services or our Website, you consent to the transfer, storage and processing of Personal Information to where our servers, central database and system facilities are located and/or operated, which may be outside your country of domicile or the location where you access our Website to provide Personal Information, and which may include, among others, Malaysia, Singapore, Australia the United States and the United Kingdom.
c) However, as the Website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us and you do so at your own risk.
8. LINKS TO OTHER WEBSITES
a) Our Website may contain links to websites operated by third parties (“Third Party Websites”). We are not responsible for the privacy practices or the content of Third Party Websites. Third Party Websites are responsible for informing you about their own privacy practices.
9. ACCESS, CORRECTION AND WITHDRAWAL
a) You may request access to any Personal Information we hold about you or any Third Party whose Personal Information you had provided at any time by contacting us (see the CONTACTING US section below). Where we hold information that you are entitled to access, we will endeavour to provide you with suitable means of accessing it (e.g. by emailing or mailing it to you).
b) If you believe that Personal Information we hold about you is incorrect, incomplete or inaccurate, then you may request an amendment of it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the Personal Information stating that you disagree with it.
c) In accordance with the Malaysian Personal Data Protection Act 2010, and to the extent not limited by any other applicable law, we may:
(i) charge a fee for processing your request for access or correction to the Personal Information; and
(ii) refuse to comply with your request for access or correction to the Personal Information and give you a reason for our refusal.
d) You may withdraw or limit your consent to the processing of Personal Information we hold about you or any Third Party whose Personal Information you had provided (save for information necessarily retained by us to comply with legal and regulatory requirements or if there are valid grounds under the law to do so, such as legal claims etc.), from our database or require us to cease processing all or part of your Personal Information, at any time by submitting a notice in writing to our officer located at the address below (see the CONTACTING US section below). Please note that after deleting your Personal Information, we may not be able to provide the same level of servicing to you as we will not be aware of your preferences.
10. PERSONAL INFORMATION FROM CHILDREN
We do not knowingly collect Personal Information from individuals under 18 years of age. As a parent or legal guardian, please do not allow your children to submit Personal Information without your permission.
(i) maintain your session and required details when you browse our Website or during registration or the booking process (session cookie);
(ii) collect website usage data for statistical/analytics purposes (analytics cookie); and
(iii) direct you to the correct landing page based on your geo-location (geo-targeting cookie).
b) You may instruct your browser, by changing its setting, to stop accepting cookies or to prompt you before accepting a cookie from the websites that you visit. Note that our Website will not function properly if the cookie setting is disabled.
Please refer to our cookies policy for a description and the purpose of the different types of cookies and other technologies that may be used by the Ormond Group.
12. CONTACTING US
Name: Ms. Cymantha Sothiar
Designation: Manager, Central Reservations Office
PDPA Compliance Department
Ground Floor, Bangunan ECM Libra
No 8 Jalan Damansara Endah
50490 Kuala Lumpur
ADDITIONAL PROVISIONS APPLICABLE TO EU RESIDENTS AND THE PROCESSING OF THEIR PERSONAL INFORMATION PURSUANT TO THE GENERAL DATA PROTECTION REGULATION (EU) 2016/679 (“GDPR”)
This Appendix A highlights certain rights that EU residents may have in relation to the processing of your Personal Information pursuant to the GDPR.
1. WHY DO WE PROCESS YOUR PERSONAL INFORMATION?
We may process your Personal Information in order to:
a) Provide our hotel services to you – When you make a reservation with us, we will process your Personal Information , including without limitation, your full name, gender, postal and email address, telephone number, date and place of birth, nationality, passport number and visa or other government issued identification information (including obtaining scanned copies of passport/visa during check-in time), contact information, payment and credit card information, booking and travel information, and other information that will be relevant in order for us to complete your reservation/booking request, sending you reservation confirmations, registering you for memberships (where applicable), customising our hotel services and facilities to your preferences (including access to our WiFi), earning and redeeming loyalty points/rewards (where applicable), and keeping proper records of your transactions with us.
b) Provide our marketing and promotional items to you – We may send you information and updates on our hotels including hotels owned and/or managed by any member of our Ormond Group, including the latest newsletters, promotions or deals, competitions, responses to your inquiries, updates on our website, or changes to our terms and conditions and policies.
c) Enhance the provision of our services – From time to time, we may perform market researches in the form of surveys in order to find out about your hotel experiences, your thoughts on our products and services and how we can improve and further develop our services to better serve our guests. We may also perform analytics and/profiling, advertising campaigns and even promotional activities in relation to our products and services.
d) Work with third parties to provide our services to you – We may also process your Personal Information when we work with third parties including but not limited to, travel agents, group travel organisations, airline operators, credit card companies, third party loyalty programs or any other parties that may be involved in the process of making your travel arrangements.
e) Maintain your safety and security – When you stay with us, we may require your Personal Information for identification and verification purposes especially in the implementation of our security systems in our hotels or facilities.
g) Please note that we will only process your Personal Information on one or more of the following legal principles:
i. that you have provided your consent;
ii. the processing of your data is necessary for the performance of your instructions to us;
iii. to comply with our legal obligations (i.e. to keep tax records);
iv. the processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms.
2. HOW LONG WILL WE RETAIN YOUR PERSONAL INFORMATION?
We will retain your Personal Information for the duration that shall be necessary to achieve the purpose for which such information was collected, which shall usually be during the duration of our contractual relationship and for any period thereafter as permitted by applicable laws (i.e. until you have withdrawn your consent for us to retain your Personal Information).
3. WHAT RIGHTS DO YOU HAVE?
a) Access, Correction and Erasure: You have the right to ask us to confirm whether we are processing your Personal Information, obtain a copy of your Personal Information from us, receive information on how your Personal Information is being processed, request for updates or corrections on your Personal Information, and also the right to request for erasure/deletion of your Personal Information.
b) Right to object to the processing of your Personal Information: You have the right to request for us to cease processing your information for direct marketing purposes, including profiling. We will no longer process your Personal Information unless we are able to demonstrate compelling legitimate grounds for the processing which overrides your interests, rights and freedoms for the establishment, exercise or defence of legal claims.
c) Right to restrict the processing of your data: You have the right to request for us to restrict the processing of your Personal Information, (i) while we are in the process of verifying the accuracy of your data and subsequently updating your Personal Information; (ii) where the processing is unlawful and you oppose the erasure of your data and request to restrict the processing of the data instead; (iii) where we no longer require your data, but you may require for us to retain the same for the establishment, exercise or defence of legal claims; or (iv) where you have submitted an objection to processing pending the verification whether our legitimate grounds override your interests, rights and freedom.
d) Right not be subjected to automated individual decision-making, including profiling: With your consent, we are able to process your Personal Information and make automated decisions, including profiling, in order to be able to offer certain benefits based on your characteristics. However, you have a right to request for human intervention and can request for us to not subject your data to automated decision-making/profiling.
e) Right to data portability: You have a right to request for us to provide your Personal Information(which we obtained based on your consent) to a third party in a structured, commonly used and machine-readable format.
f) Right to withdraw your consent: You are entitled to withdraw your consent to any processing that we conduct on your Personal Information.
4. TRANSFER OF YOUR PERSONAL DATA
As we are active internationally, we may transfer your Personal Information abroad if required for the purposes as highlighted above at paragraph 1 of this Appendix A. When we make such transfers, we will ensure that we provide appropriate safeguards in accordance with the GDPR.
(b) If you have any concerns with our personal data policies or the exercise of your rights, you may contact us at email@example.com or the supervisory authority in the Member State of your residence
GENERAL TERMS & CONDITIONS
BY USING OUR SERVICES OR MAKING A BOOKING FOR A STAY AT AN ORMOND GROUP HOTEL OR BY STAYING AT ANY ORMOND GROUP HOTEL YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE YOU PROCEED WITH THE USE OF OUR SERVICES OR YOUR BOOKING.
Your contract is with OMT Hotels Sdn Bhd (formerly known as Tune Hotels Sdn Bhd) (Company No. 717756-M), ECML Hotels Sdn Bhd (Company No. 1236565-X), OHG Services Sdn Bhd (formerly known as TP Sepang Sdn Bhd) (Company No. 946411-T) (as applicable) including their respective franchisees, associates, related companies, subsidiaries and affiliates who operate hotels under the Tune Hotels, Ormond and/or MoMo’s brand (“Hotel”) and its employees, officers, agents, suppliers and vendors (collectively referred to as “Ormond Group Hotels”, “Ormond Group”, “we”, “our” and “us”).
In these Terms and Conditions, the use of the words “you” or “guest(s)/Guest(s)” means any and all persons for whom a Hotel room is booked.
For Hotel bookings and stays in the United Kingdom, please refer to our terms and conditions for the respective jurisdictions.
Our Services are not directed toward children under 18 years of age nor does Ormond Group knowingly collect information from children under 18. If you are under 18, please do not submit any personal information to us.
Bookings for the Hotel may be made online at the relevant Website.
Depending on the type of booking, full payment may be required at the time of booking. We accept payment by Visa or Mastercard credit/debit cards, Paypal, Alipay or online bank transfers for most of our Hotels. The available payment options are displayed during the booking process on our Website. A payment processing fee may apply.
For the payment transactions from our Website handled and processed by Notel Management Sdn Bhd (formerly known as Tune Management Sdn Bhd) for and on behalf of the Ormond Hotel Group, Notel Management Sdn Bhd will assist the Ormond Hotel Group with customer support for issues related to payments such as dispute management, refunds, cancellations and returns if applicable. The Terms and Conditions for payment of such transactions shall be governed by and construed in accordance with the laws of Malaysia without reference to Malaysia conflict of laws rules, and any dispute shall exclusively be submitted to the competent courts in Malaysia.
Once your booking has been successfully completed, a confirmation in respect of each room booked will be sent to the email address provided by you in your registered account (“Booking Confirmation”). If you do not receive your Booking Confirmation(s) within twenty-four (24) hours from the time of booking, please contact us at firstname.lastname@example.org
You MUST produce your Booking Confirmation(s) upon check-in at the Hotel, together with your original valid photo identification document (national registration identity card, passport, driver’s licence or other identification card or document as the Hotel may require).
The ‘Guest’ named in the Booking Confirmation must be the person staying at the Hotel otherwise we reserve the right not to allow the relevant person who is checking in to proceed with his or her stay at the Hotel.
Bookings that have been made and paid with a credit card within five (5) days prior to the check-in date will require presentation of the credit card used for payment of the booking during or post check-in. We reserve the right to require for the same credit card that has been used to make the booking for purposes of any payments to be made during check-in. Failure to do so may delay your check-in process.
At all times during the booking process, you will be advised to ensure the accuracy of your booking details (guest details, stay dates, room types, room rates, number of guest(s)). Ormond Group will not be responsible or liable for errors in booking details. We will not be under the obligation to refund or modify the booking should you fail to give us reasonable notice of any error in the booking details prior to the check-in date.
Bookings are accepted subject to room availability.
Room rates shown on our Website are charged on a per room per night basis, and depending on the room package which is being offered on our Website, the rates stated in our Website may be inclusive or exclusive of meals and add-ons.
Our prices are based on a ‘dynamic pricing’ model and are set by individual Hotels depending on their booking patters, and will therefore fluctuate depending on supply and demand. The price of your reservation will be confirmed at the time of booking and shall not be amended in case of rate fluctuation between the date you booked your stay and your arrival.
Room rates may or may not include service tax or service charge, (as applicable) and/or other similar charges or tax subject to the requirements of the country or location where the Hotel is located. These will be charged at the prevailing rates and are payable in the currency country where the Hotel is located.
Room rates and details are correct at the time of publication and are subject to change without notice.
We reserve the right to correct errors in both advertised and confirmed prices. We will do as soon as we become aware of the error.
TOURISM TAX (TTX)
Pursuant with the Tourism Tax Act 2017, a charge of RM 10.00 per room per night Tourism Tax (TTx) will be levied on tourist(s) and non-resident guest(s). Malaysian citizens and permanent residents with MyPR cards are exempted from the payment of TTx. TTx will be collected at check-in and is payable by cash or credit card. TTx is excluded from room rates.
NO SMOKING POLICY
Ormond Group is committed to providing a smoke-free environment in all our Hotel premises and practices a strict NO SMOKING policy in all our Hotel premises (“Non Smoking Policy”).
Smoking is prohibited in any part of the Hotel premises including but not limited to Hotel rooms, except in any smoking area(s) designated by Ormond Group (if any). Failure to comply with this policy shall entitle us to terminate your booking and stay at the Hotel at our sole discretion and you must leave the Hotel immediately without compensation or reimbursement. You shall be liable for any costs, loss or damage to the Hotel room, premises or property, or incurred by Hotel guests or third party, arising from your failure to comply with this policy and Ormond Group reserves the right to charge you for any such costs, loss or damaged incurred by Ormond Group or any hotel guests or third party.
You may not bring the following into our Hotels:
- pets (except for registered guide dogs) or livestock;
- pillows, bed sheets, duvets or other items of bedding; and
- any electrical appliances and/or equipment for heating and/or cooking purposes.
We reserve the right to remove and/or confiscate any of the above items found in any Hotel room immediately without notice to you and to charge you for any costs incurred for taking such action or for any loss or damage caused to the Hotel room, premises or property or to any Hotel guests or third party as a result of your failure to comply with this policy.
We further reserves the right to ask you to leave the Hotel and remove your belongings from the room immediately if we shall, in our sole opinion, deem that you have used the Hotel room in an irresponsible manner or in a manner that will compromise the safety of, or cause damage and/or harm to the Hotel room, the Hotel premises, the other Hotel guests, our staff or any other persons or the reputation of Ormond Group, without any compensation and/or any reimbursement to you.
CHECK-IN AND CHECK-OUT
All Hotels operate a strict check-in and check-out policy, the times of which vary from Hotel-to-Hotel.
Booked rooms will be held for check-in until 9.00 am the following day of the scheduled check-in date, after which the booking will be deemed cancelled upon no-show and Ormond Group shall be entitled to release the booked room(s) for the remaining stay dates to other guests. In the case of bookings made for day-use room, you are required to check-in no later than one (1) prior to the stipulated check-out time for day-use room. As for nightly rooms, you are required to check- in no later than 9 a.m. of the following day of your stipulated check-in date. No refunds will be provided for any cancelled booking.
A refundable key card deposit may be required upon check-in at certain Hotels to cover loss or damage of the key card issued.
If you decide to check-out before you’re due to, we will not be able to refund the cost of the remainder of your reservation which you have not used, or be liable for any associated costs you may incur.
CHANGES AND NON-REFUNDABLE POLICY
Payments made for bookings (including Add-Ons, if any) are strictly non-refundable.
Change of Guest name on your booking is allowed if made three (3) full days or more before check-in date subject to a fee.
Whilst we will try to assist you to make any changes to your confirmed reservations, we regret amendment requests cannot always be met. Where an amendment can be made, you will be liable for payment of any additional costs incurred by us.
Unless stated otherwise by us when bookings are made, all bookings cannot be amended, modified or cancelled except for change of Guest name. Any booking cancellation or failure to arrive on the scheduled check-in date will be treated as a no-show in respect of a booking and will result in the total payment under that Booking Confirmation (including any applicable tax paid) non-refundable and will be forfeited.
Unless otherwise expressly stated, no changes or cancellation will be allowed for promotional bookings. Please read the terms and conditions of the relevant promotion carefully, which terms of promotion shall apply to the booking and shall be binding on you.
If you have any special request, you must advise us at the time of making your reservation. Although we will endeavour to pass any reasonable request on to the relevant Hotel, we regret neither the Ormond Group nor the Hotel concerned can guarantee any request will be met unless we have written to you with specific confirmation that it will. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
Luggage storage is available only for guests currently staying with the Hotel to store their luggage or other personal belongings before check-in or after check-out, at the Hotel’s option.
Each item of luggage will be tagged with a luggage identification tag and may only be retrieved by the bearer of the tag. If the tag cannot be produced during collection, we may nevertheless allow the luggage to be collected if the person claiming it can establish, to our satisfaction, his/her right or authority to collect the luggage and Ormond Group shall not be liable for any loss or damage for releasing the luggage accordingly. Each piece of luggage must weigh no more than 30kgs and may not exceed 28″ x 22″ x 14″ in size.
Should your luggage or item remain unclaimed upon expiry of the maximum storage period allowed, Ormond Group/the Hotel reserves the absolute right and discretion to either continue storing the luggage (luggage storage charges shall continue to apply and you shall be liable for such charges) or to dispose of the luggage or item without any liability to you.
Your use of the Hotel’s luggage storage facilities is at your own risk. We will not be responsible for loss of or damage to the luggage, the contents therein or your personal belongings (including any valuables, even if we have been advised) during storage or during the disposal process however caused and you hereby release Ormond Group from any liability in respect thereof.
You are liable for any damage howsoever caused to the allocated room(s) or to the Hotel premises or property caused by you or any persons in your party (whether or not staying at the Hotel) during your stay. Ormond Group reserves the right to retain your credit card and/or debit card details and charge or debit such amounts as it shall in its sole discretion deem fit on the said card(s) to compensate or make good the loss, damage, costs or expenses incurred or suffered by Ormond Group as a result of the aforesaid.
Ormond Group reserves the right at any time to terminate your stay or that of any member of your party due to misconduct, where justified in our reasonable opinion. No refunds will be given and the Hotel nor the Ormond Group shall be under any obligation whatsoever to pay compensation or meet any costs or expenses you may incur as a result of your stay being terminated.
Regardless, Ormond Group further reserves the right to commence legal proceedings against you without notice.
RIGHT TO REFUSE ACCOMMODATION
Ormond Group reserves the right to refuse accommodation to you or any person(s) without any notice and terminate any booking without being liable for any refund or compensation for the following reasons:
- the booking has been paid through fraudulent means;
- the booking has been altered by anyone other than Ormond Group or Ormond Group’s authorised agent or has been tampered with or the Booking Confirmation has been defaced (in which case Ormond Group reserves the right to retain such booking documentation);
- the person checking in is not or cannot prove that he/she is the person named in the Booking Confirmation; and
- as permitted under the provisions of these Terms and Conditions.
WiFi Terms and Conditions
By using our WiFi, you acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology.
Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your device.
Accordingly, you agree that the owner and/or provider of the WiFi is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.
Use of our WiFi is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behaviour is detected, including heavy consumption of bandwidth, we reserve the right to permanently disconnect the offending device from the WiFi network.
You must not use our WiFi to access internet services, or send or receive e-mails, which:
- are defamatory, threatening, intimidatory or which could be classed as harassment;
- contain obscene, profane or abusive language or material;
- contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
- contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
- contain material which infringe third party’s rights (including intellectual property rights);
- in our reasonable opinion may adversely affect the manner in which we carry out our business; or
- are otherwise unlawful or inappropriate.
The above are representative examples only and do not comprise a comprehensive list of illegal or unacceptable uses of our Wifi.
We recommend that you do not use the WiFi service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
You must not use the WiFi to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United Kingdom or in any state throughout the world.
LIMITATION OF LIABILITY
Ormond Group is responsible for providing the room(s) stated in the Booking Confirmation(s) and according to these Terms and Conditions. We do not accept any liability for failure to provide the services contracted or any of them due to circumstances beyond our control.
Without affecting any statutory consumer rights or other laws that cannot be lawfully excluded or limited, Ormond Group will not be liable for loss of any kind whatsoever arising out of, caused by, attributable to or resulting from your booking, use of our Services or stay at the relevant Hotel.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our WiFi, our Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, any of our Services; or
- use of or reliance on any content displayed on our Website.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content on our website, or on any website linked to it.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any service by us to you.
When staying at any of our Hotel, you may choose to participate in any tour or programme or activity organised by our agents and/or partners (together the “Programme”). Please note that such Programmes may have inherent risks to health and safety and by agreeing to participate in any such Programme, you agree to accept such risk and release Ormond Group from any associated liabilities or eventualities arising, relating or in connection to the Programme booked during your stay at an Ormond Group Hotel or through the Website.
Ormond Group will not be responsible for any loss or damage of property left in Guest’s room and/or the Hotel property at all times. Guests are advised to obtain insurance to cover curtailment, and loss of luggage, personal effects, damages, personal injury and money/valuable belongings.
To the extent permitted by law, Ormond Group do not accept any liability arising out of any occurrences beyond its control including but not limited to acts of terrorism, acts of God, flood, war, strikes, riot, theft, delay, cancellation, civil disaster, government regulations or changes in itinerary or schedule (collectively, “Force Majeure”).
NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN, IN NO EVENT SHALL ORMOND GROUP OR THEIR RESPECTIVE AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO THE SERVICES OR THESE TERMS & CONDITIONS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES..
PRIVACY & DATA PROTECTION
You may visit our Website without revealing any personal information about yourself. However, in order to provide you with the requested information or other services e.g. booking, you may need to provide us with your personal information. Your privacy and trust are important to us.
- maintain your session and required details when you browse the Ormond Group Website, during account registration and during the booking process (session cookie)
- collect website usage data for statistical/analytics purposes (analytics cookie)
- direct you to the correct landing page based on your geo-location (geo-targeting cookie)
Please refer to our Cookies Policy , for a description and the purpose of the different types of cookies and other technologies that may be used by the Ormond Group.
COPYRIGHT & TRADE MARKS
Our Website including the booking and other applications, text, graphics, designs, audio and video clips, hotel and destination information and all other content thereon are the exclusive properties of Ormond Group and/or its content suppliers.
You may use our Services and its content solely for personal, non-commercial and private use subject always to applicable copyright laws.
All trademarks, trade names, service marks and all other marks, whether registered or unregistered, on the Website are owned by or licensed to Ormond Group and their respective owners and may not be used, reproduced or modified without the prior written approval of Ormond Group.
You hereby irrevocably agree to indemnify and keep us indemnified against all liabilities, claims, losses and expenses, including any legal fees that may be incurred by us in connection with or arising from (1) your use or misuse of our Services and the services provided herein; or (2) your breach of these terms and conditions howsoever occasioned; or (3) any intellectual property right or proprietary right infringement claim made by a third party against us in connection with your use of this Site.
The Services provided and all content thereon are supplied “as is” and “as available”. Ormond Group provides no guarantee, representations or warranties of any kind, either express or implied, regarding the website and content. You are solely responsible for your use thereof.
While we will make every effort to ensure that the information on the Website is accurate and published in good faith, to the extent permitted by the law, Ormond Group does not warrant or represent the accuracy of the information displayed and disclaims to the maximum extent permitted by law all warranties expressed or implied by statute, custom or usage.
Ormond Group will not be liable for any direct, indirect, consequential, punitive losses or damage (including without limitation loss of revenue, loss of goodwill, loss of reputation and loss of, or damage to data), arising out of the use the Services or the use thereof or any services purchased from our Website, or any errors, inaccuracies or omissions in the services or content provided howsoever caused.
We do not guarantee that our Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, including the server on which our website is stored or any server, computer or database connected to our website. You must not attack our Services via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
The various linked sites on our Website allows for further link-up and interaction between Guests and the said sites for promotions and other interactive mediums. The inclusion of all website links on our Website does not imply endorsement by us of such linked sites, or any association with their operations. These sites are outside the control of Ormond Group. We will not be responsible for the content on the linked sites or your use thereof.
Any disputes arising out of or related to our Services or these terms & conditions or your contract with Ormond Group shall be handled individually without any class action and is governed by the laws of the country where the Hotel you booked your stay with is located and any disputes shall be settled in the courts of that country.
All other matters concerning or relating to the use of the Services shall be governed by the laws of Malaysia and the Malaysian courts shall have exclusive jurisdiction therein.
CHANGES TO THE THESE TERMS & CONDITIONS
Ormond Group reserves the right to cancel, amend or vary the arrangements and content featured on our Website and/or change, amend, vary or add to these Terms and Conditions at any time without prior notice. Your continued use of our Services will constitute your acceptance of any such cancellation, amendment, or variation.
CONFLICT BETWEEN ENGLISH TEXT AND OTHER LANGUAGE TEXT
If there is any conflict or discrepancy between the English text of these Terms and Conditions and any translation thereof into any other language, the English text shall prevail.
Name: Ms Cymantha Sothiar
Designation: Manager, Central Reservations Office
PDPA Compliance Department
Ground Floor, Bangunan ECM Libra
No. 8 Jalan Damansara Endah
50490 Kuala Lumpur
Phone: 03-2082 5651
What are Cookies and what do they do?
Cookies alone cannot be used to disclose your individual identity to us, though in some cases we may tie Ormond Group and third-party Cookies to personal information you have provided to us or that we have otherwise obtained from you.
Cookies used on the site.
We may use several different Cookies on the Sites, a brief explanation of the Cookies that may be used are set out below:
Essential Cookies are necessary for the proper operation of our Sites, and to enable you to navigate around it and to use its services and features. Disabling or blocking these Cookies may negatively impact your use and the security of our Sites during your visit.
Functional Cookies are used to provide you with the best user experience. These cookies are, amongst other things, used to save your language preference or booking information and could be used to remind you about reservations that you have started to make, thus saving you time if you want to complete your reservation at a later stage.
Session Cookies are only temporarily stored during your browsing session and are deleted from your device when you close your browser. We use these Cookies to understand your use of the Sites (e.g. which links you have used, how long you have stayed on the page and which pages you have visited) to deliver improvements to the user experience.
Persistent Cookies are saved on your device for a period of time or until you delete them. These Cookies are saved on your device so that they are available for your next visit, this allows us to keep a more accurate account of how often you visit the Sites, how often you return, how your use of the Sites may vary over time and the effectiveness of our advertising efforts.
Advertising Cookies allows us and other advertisers to show you the most relevant products, offers and advertisements on the Site and third-party sites, or through emails or other message platforms. These Cookies select advertisements that are based on your interest, including those expressed or inferred by visits to our Sites and other websites, online services and apps. These Cookies may also be used to limit the times you see an advertisement.
Advertising Cookies also includes Social Plug-In Cookies which are usually set by social networking provides to enable smooth and seamless sharing of content from the Sites with members and non-members of social media networks such as Facebook, Twitter, Youtube and Pinterest.
Analytics Cookies serves to give us aggregated information about your use of the Sites and allows us to use such information to monitor site performance, count page visits, spot technical errors, see how users reach our Sites and measure the effectiveness of advertising.
Other Technologies allows us and third parties to know how you interact with the Sites, advertisements and to our emails and may be used to collect non-personal information or aggregate information. The information obtained and collected may be used to enhance your experience and understand traffic patterns.
Data collected informs personalised content such as advertisements.
The data collected by Cookies may be used (on the basis of our legitimate interests) to provide personalised promotional offers to you. For example we may do this in order to send you relevant offers and promotions by email (where you permit us to do so) We may also use this data to provide you with personalised promotional offers on selected partner websites (for example, you might see an advertisement for our products on a partner site such as Facebook and Google).
We also share some of your information with marketing service and ad technology providers and digital marketing networks, such as Facebook, Google and Adobe, to present advertisements that might interest you. For example, we may transfer information about you to such providers. The providers may then recognise your devices and send you interest-based content and advertisements. We may send the providers information such as your name, email, device ID, or other identifier in encrypted form and they may process your information in hashed form. These providers may collect additional information from you, such as your IP address and your browser or operating system. Information may be combined with information from other companies in data sharing cooperatives, who may place or recognise their own unique Cookie on your browser. These Cookies may contain demographic or other data.
What are first and third party Cookies?
Cookies can be sent by different parties.
If the Cookies comes from our site it is a first party cookie. If it comes from another site, such as our marketing services or ad technology providers or business partners, it is a third party cookie, specifically chosen by us to provide a service, such as a more personalised visit.
The third party cookies we use include those provided by Facebook, Google and Adobe.
Do I Have to Accept Cookies?
You may reject Cookies. However, site and app functions will be affected. Cookies help our Sites to work properly and personalise your experience. You’ll be able to browse the Sites without them but some standard functionality, preferences and certain features will not work.
By accepting them, you allow us to improve your experience and remember information about you, which can personalise your experience.
To withdraw consent, you can reject or delete Cookies. Please see the Managing Your Cookies section below on how you can adjust your browser settings.
By browsing or using our Sites you agree that we and the selected third parties in this notice can use (as described in this notice) data collected by the Cookies you allow. If you do not agree, you can withdraw your consent by setting your browser to reject Cookies, see below.
Managing your Cookies
There are several ways to manage Cookies. You can:
- Set your browser to prevent Cookies from being accepted. More information should be in your browser’s “help” menu. How to adjust your browser will depend on which browser you’re using.
- Set some browsers to send you an alert when a website is trying to place a Cookie on your browser.
- Block Cookies by activating the setting on your browser to refuse all or some Cookies. However, if you use your browser settings to block all Cookies including Essential Cookies, site access and features can be limited or not available.
- Use an ad blocker to block any of the tools specifically or individually, including Google Analytics.
- Delete Cookies stored in your browser by “clearing cookies”. This will only delete Cookies already stored. It won’t prevent new ones being accepted unless you change the acceptance settings. Also, clearing your Cookies on one browser of one device does not automatically clear them on another. You need to clear all browsers on all devices, independently.
- Refuse specific Cookies, by using that Cookies opt out process, in the table at the end of this notice.
We are not responsible for the content or Cookies from external websites. If you follow a link from our website to a third party site, they will have their own privacy and cookie notice.