Last Updated: 21st April 2022
Welcome, on your journey to being Native. Thank you for choosing Native as part of your destination. Below is written, our Terms of Services.
The phrase Terms of Services (“Terms”) refers to a legally binding agreement between you and Native Discovery. These terms govern the right to use the website and other product offerings provided by Native Discovery. The phrases “Native Discovery”, “we”, and “us” used in these conditions refer to the Native Discovery entity with whom you are contracting. The phrase “Accommodation”, “Stays”, “Stay Product” refer to the bookable overnight product on the Native Discovery website.
The Native Discovery website offers an online platform where users (“Users” and “Members”) can search for, book, or contact us. Native Discovery offers a list of tour products and stay products for users to book. You are not required to register an account to book a product, however, we recommend that users create an account to ease future transactions and allow us to track your transaction history. Native Discovery is a marketing platform that connects customers to hosts in indigenous communities for tours and accommodations. The Terms of Services is maintained together with our “Privacy Policy”, which describes the collection of data, and our Payment Terms, which govern any payment service provided to Users by the Native Discovery payment entity “SecurePay”.
1. Our Values
Community Led.
All our ventures are hosted and led by our community partners. We encourage them to take ownership towards every venture that we explore together by supporting them in becoming independent business operators that is able to lead their own initiatives.
Inclusivity.
Native takes a co-creation approach towards all our ventures and gives our Orang Asli partners as much autonomy as possible by including them in all our decision-making processes. Cultivating a healthy partnership between Native and our community partners.
Empowerment.
Our approach is to not only empower our community partners but to also build empowering narratives around the Orang Asli by empowering our guests with firsthand knowledge of the invaluable role our community partners play in nurturing our land and preserving a treasure trove of traditional skills.
2. Our Approach.
Discovering Malaysia the Native Way
Co-creating community-based tourism ventures with indigenous communities in Peninsular Malaysia (the Orang Asli) to boost livelihoods and enable cultural discovery.
1. Searching and booking on Native Discovery website.
1.1 Searching. You can search for a tour or stay by using the search bar on the website. Criteria’s for searching include Location, Experiences, and Groups. Location include all states of Malaysia which tour product is available. Experiences include Cooking, Craft, Hiking, and Stay. Groups include Group and Individual. Search results are based on availability of product in the specified criteria. Relevance of search results are then sorted based on product listing settings by us.
1.2 Booking. Users who make a booking agree to pay all charges for your charges. This includes any service fee, taxes, and any other item identified during checkout collectively accumulating to the “Total Price”. When you receive your booking, a contract is immediately created between you and us. In addition to these terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand all the rules, standards, policies, and requirements prior to making a booking.
1.3 Booking Stays. The term “Booking Stays” is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
1.4 Booking Tours. A tour or other service reservation entitles you to participate in, attend, or use our service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use our service. Except where expressly authorized, you may not allow any person to join our service unless they are included as an additional guest during the booking process.
2. Cancellations, Travel Issues, Refund Policy and Booking Modifications.
2.1 Cancellations, Travel Issues, and Refund Policy. In general, if user cancels a purchased product, no monetary refund will be given back to the user. The setting up of each tour product requires monetary commitment on behalf of us, thus a no refund policy is stated.
2.2 Booking Modifications. Users and us are responsible for any booking modifications we agree to make via direct Native Discovery customer service to make on their behalf (“Booking Modifications”), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
3. Your Responsibilities and Assumption of Risk.
3.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Stay Product or Tour Product. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you or your guest(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Tour Product or Stay Product, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Native Discovery Platform, including your stay at any Stay Product, participation in any Tour Product, use of any other Host Service, or any other interaction you have with other users whether in person or online. This means it is your responsibility to investigate our services to determine whether it is suitable for you. For example, Tour Product may carry the risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Tour Products.
5. Reviews. After a tour product or stay product is used, users will be sent a feedback form. In the feedback form, users are asked to review the product based on personal experience. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our policies. Reviews are not verified by Native Discovery for accuracy and may be incorrect or misleading.
6. Content. After a tour product or stay product is used, users will be sent a feedback form. In the feedback form, we will provide a link to share users photos, stories, experiences, and thoughts. By providing Content, in whatever form and through whatever means, you grant Native Discovery a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Native Discovery pays for the creation of Content or facilitates its creation, we may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Native Discovery the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must be non-discriminatory which prohibits, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Native Discovery may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Native Discovery does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
7. Fees. Native Discovery may charge fees (and applicable Taxes) to users for the right to use the Native Discovery Platform. Except as otherwise provided on the Native Discovery Platform, service fees are non-refundable. Native Discovery reserves the right to change the service fees at any time, and will provide users notice of any fee changes before they become effective. If an update of fee policy, it will not effect any bookings made prior to the update.
8. Native Discovery Platform Rules.
You agree to follow these rules, and to not break or circumvent these events.
Acting with Integrity.
Throughout the process of using the Native Discovery Platform and services, users are expected to be honest and truthful in your conduct. Do not lie, misrepresent something or someone, or pretend to be someone you are not.
Do not scrape, hack, reverse engineer, compromise or impair the Native Discovery Platform. Do not use bots, crawlers, scrapers, or any automated means to source data or any other content that does not belong to you on the Native Discovery Platform. Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Native Discovery Platform. Do not commit any actions on the Native Discovery Platform that can effect the performance or proper function of the Native Discovery Platform.
Only use the Native Discovery Platform the way it was intended to be used, as authorized by these Terms or any other legally binding agreements with Native Discovery.
The use of users personal information shall only be used to facilitate the authorization of transactions on the Native Discovery Platform.
Do not use the Native Discovery Platform’s messaging communication tool to promote personal advertising.
You may use the content provided on the Native Discovery Platform for its intended purpose only. Any content downloaded from the website is limited in its copyright restrictions.
Do not require or encourage Users to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Booking, unless authorized by Native Discovery.
Do not engage in any practices that are intended to manipulate our search algorithm.
Do not book a tour product or stay product unless you intend to use the product purchased.
Do not use, copy, display, mirror or frame the Native Discovery Platform, any Content, any Native Discovery branding, or any page layout or design without our consent.
Honour your legal obligations.
Understand and follow the laws that apply to you, including privacy, data protection, reserve land, and export laws.
If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
Read and understand all our legal terms, policies, and standards that apply to you.
Do not host any events unauthorized by Native Discovery that cause an exceeding in the permitted number of users allowed during a tour product or stay product.
Do not use the Native Discovery logo, trademark, branding content, without permission of Native Discovery.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Native Discovery branding.
Do not offer or solicit prostitution or participate in or facilitate human trafficking.
8.1 Reporting Violations. If you think that a user is deliberately causing harm to themselves or others around them, you should immediately take steps to contact the relevant authorities such as the police, ambulance, or government authorities relevant; before contacting Native Discovery. If you reported an issue to local authorities, Native Discovery may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
8.2 Reporting Violations. If users find any content on the Native Discovery Platform that infringes on copyright agreements, users shall contact Native Discovery, so that proper amendments can be made.
9. Termination, Suspension, and Measures.
9.1 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Native Discovery may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Native Discovery may also terminate this agreement immediately and without notice and stop providing access to the Native Discovery Platform if you breach these Terms, you violate our legal terms, or policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Native Discovery, its Users, or third party entities. If your account has been inactive for more than two years, we may terminate your account without prior notice.
9.2 Suspension. Native Discovery reserves the right to suspend your account if you violate our legal terms, or policies, you violate applicable laws, or we reasonably believe suspension is necessary to protect Native Discovery, its Users, or third party entities. Native Discovery will notify users of suspension via email or using any other contact information you have provided for your account. Native Discovery reserves the right to suspend your account on these terms for a up to 60 days’.
9.3 Legal Mandates
Native Discovery may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.
9.4 Effects of Termination.
Under the condition that there is a termination by Native Discovery, a full refund shall be issued to you. Conditions of termination may include, limitations with weather conditions, limitations with guides, or any unforeseen circumstance brought on by entities other than us.
10. Modification.
Native Discovery may modify these Terms at any time. We will make material changes to these Terms, we will post an update regarding our changes in our Blog Page on the Native Discovery website. We will also notice you of changes via email at least (7) a week before it is made. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Native Discovery Platform will constitute acceptance of the revised Terms.
11. Resolving Complaints and Damage Claims.
If Native Discovery provides valid evidence that you or your guest(s) damaged real or personal property, or real or personal property that Native Discovery is responsible for, including consequential damages, (“Damage Claim”), Native Discovery will contact you for resolution. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is valid and you are responsible for the Damage Claim, Native Discovery can collect the amount of the Damage Claim from you. You agree that Native Discovery may seek to recover from you under any insurance policies you maintain and that Native Discovery may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information that Native Discovery requests, execute documents, and take further reasonable action, in connection with Damage Claims, Native Discovery complaints, claims under insurance policies, or other claims related to your provision or use of our services.
12. Native Discovery’s Role.
We offer you the right to use a platform that enables users to publish, offer, search for, and book our services. While we work hard to ensure our users have great experiences using Airbnb, we do not and cannot control the conduct of other users on the Native Discovery Platform. You acknowledge that Native Discovery has the right, but does not have any obligation, to monitor the use of the Native Discovery Platform and verify information provided by our users. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Native Discovery Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Users acknowledge and agree that Native Discovery administers its Legal Terms and Policies, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Users agree to cooperate with and assist Native Discovery in good faith, and to provide Native Discovery with such information and take such actions as may be reasonably requested by Native Discovery with respect to any investigation undertaken by Native Discovery regarding the use or abuse of the Native Discovery Platform.
13. User Accounts.
In order to access and use many features of the Native Discovery Platform, you must create a user account. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Native Discovery Platform under the laws of Malaysia. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Native Discovery if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
14. Disclaimer of Warranties.
We provide the Native Discovery Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Users, Host, Guides, Native Discovery Service,Listing or third party; (ii) we do not warrant the performance or non-interruption of the Native Discovery Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Users (if any) will identify past misconduct or prevent future misconduct. Any references to a User being “verified” (or similar language) indicate only that the User or Native Discovery has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
15. Limitations on Liability.
15.1 Native Discovery Liability. Neither Native Discovery (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Native Discovery Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products, stays or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Native Discovery Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Native Discovery Platform, or (iv) publishing or booking of a Product, including the provision or use of Native Discovery Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Native Discovery has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Users under these Terms, in no event will Native Discovery’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Users, or your use of or inability to use the Native Discovery Platform, any Content, or any Native Discovery Service. These limitations of liability and damages are fundamental elements of the agreement between you and Native Discovery. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
15.2 Accommodation Liability. Users who do not comply with Accommodation rules will be liable for any incidental, special, exemplary or consequential damages, including accommodation infrastructure damage, theft, and loss of possession. Under the circumstance that the accommodation property is damaged, Native Discovery reserves the right to assess the cost of repairs, post-stay, and seek payment with the user.
15.3 Liability in regards to parking. Neither Native Discovery or its affiliates will be liable for the custody of any vehicle belonging to the User when participating in a tour, stay, or product.
16. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Native Discovery’s option), indemnify, and hold Native Discovery including all other affiliates, and their personnel; harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product) or our Legal Terms, Policies or Standards, (ii) your improper use of the Native Discovery Platform, (iii) your interaction with any Users, stay at an Accommodation, participation in a Tour or other Native Discovery Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. By agreeing to these Terms, Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic (including the COVID-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy.
For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.
17. Arbitration, Resolution, and Dispute.
All Arbitration, Resolution and Dispute that take place between you and Native Discovery shall be done in accordance with the applicable laws governing Malaysia. As an individual consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Native Discovery’s place of business in Malaysia. If Native Discovery wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Malaysian courts.
18. Miscellaneous.
18.1 Understanding of Terms. Excluding the case whereby these terms are supplemented by updated Terms, Policies, Standards, or Product Specific Regulations, these Terms refer to an agreement between Native Discovery and you pertaining to the use of Native Discovery Platform and Services, that supersedes any and all other prior oral or written agreements. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Native Discovery. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
18.2 Notice. The term Notice refers to communication made between you and Native Discovery. Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement, will be provided electronically and given by Native Discovery via email, Native Discovery Platform notification, messaging service (SMS), or any other contact method we enable and you provide to us.
18.3 No Waiver. Native Discovery’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
18.4 Assignment. The phrase Assignment, refers to the transfer of a product or service purchased by a User. You may not assign any rights or obligations without Native Discovery’s prior written consent. Native Discovery hereby holds the right to permit or disallow assignment arrangements. In accordance to Section 2.1 above, no monetary refund will be given to you if Assignment is rejected by Native Discovery.
18.5 Third-Party Services. The Native Discovery Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Native Discovery is not responsible for any Third-Party Services. The links and resources provided by Third-Party Services is not an endorsement by Native Discovery.
19. Contact Us
If you have any questions or suggestions regarding Native Discovery and our Services, Terms, Policies, or Standards, do email us at info@discovernative.org
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