Last Updated: 22nd September 2023
Thank you for embarking on your journey with Native Discovery. We sincerely appreciate your choice to make us a part of your travel experience. Presented below are our Terms of Service, a document that outlines the rules and agreements governing your interaction with Native Discovery.
1. Introduction
The term “Terms of Service” (“Terms”) denotes a legally binding agreement established between you and Native Discovery. These terms govern the use of our website and other related products and services offered by Native Discovery. Throughout this document, the terms “Native Discovery,” “we,” and “us” refer to the specific Native Discovery entity with which you are engaging. The phrases “Accommodation,” “Stays,” and “Stay Product” pertain to the bookable overnight offerings available on the Native Discovery website.
2. The Native Discovery Platform
Native Discovery operates an online platform that allows users (“Users” and “Members”) to explore, reserve, and communicate with us. Our platform offers an array of tour products and stay options for users to book. While registration is not mandatory for booking a product, we encourage users to create an account. Doing so enhances the ease of future transactions and enables us to maintain a record of your transaction history.
3. Connecting You to Unique Experiences
Native Discovery functions as a marketing platform, bridging customers with hosts in indigenous communities. Our offerings encompass a wide range of cultural tours and accommodations designed to provide you with authentic and enriching experiences. It’s important to note that these Terms of Service work in conjunction with our “Privacy Policy,” which details our data collection practices, and our “Payment Terms,” governing any payment services facilitated by our 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.
User Terms
1. Searching and Booking on the Native Discovery Website
1.1 Searching for Tours and Stays
When using the Native Discovery website, you have the capability to search for and book tours and stays in a straightforward manner. Our search functionality simplifies the process:
1.1.1 Criteria for Searching
1.1.2 Search Results
The search results that you obtain are directly related to the availability of products that match your specified criteria. These results are then further organized based on product listing settings configured by us to enhance their relevance and usefulness.
1.2 Booking
When you make a booking on Native Discovery, you enter into a contractual agreement with us, whereby you commit to paying all associated charges. These charges encompass various components, including but not limited to service fees, taxes, and any other items clearly outlined during the checkout process. Collectively, these charges form what we refer to as the “Total Price.”
1.2.1 Contractual Agreement
Upon confirming your booking, a legally binding contract is promptly established between you and Native Discovery. This contract encompasses not only these Terms but also the terms of the specific reservation you’ve chosen to make. These additional reservation terms may encompass crucial details such as the cancellation policy and other rules, standards, policies, or requirements that pertain to the particular Listing. It is of utmost importance that you thoroughly read and comprehend all of these rules, standards, policies, and requirements before proceeding with your booking.
By doing so, you take responsibility for understanding and abiding by the terms that apply to your reservation. Native Discovery encourages a transparent and informed approach to ensure that both hosts and guests have a seamless and enjoyable experience.
1.3 Booking Stays
When you make a booking for a stay through Native Discovery, you are granted a limited license. This license permits you to enter, occupy, and utilize the selected Accommodation for the duration of your stay.
1.3.1 Host’s Right of Entry
Please be aware that the Host maintains the right to re-enter the Accommodation during your stay under certain circumstances:
1.3.2 Overstay Policy. If, for any reason, you remain in the Accommodation beyond the specified checkout time, it is important to understand that the Host reserves the right to request your departure in a manner consistent with applicable laws. This may involve the imposition of reasonable overstay penalties in accordance with our policies and relevant legal provisions.
1.3.3 Maximum Guest Limit
Furthermore, it is imperative that you adhere to the maximum number of allowed Guests as specified in the listing and the terms of your reservation. Exceeding this limit may result in additional charges or actions taken in accordance with our policies.
This revised section provides a more concise and precise explanation of the terms associated with booking stays, the Host’s right of entry, the overstay policy, and the importance of adhering to maximum guest limits.
1.4 Booking Tours
When you make a reservation for a tour or another type of service through Native Discovery, you secure the right to participate in, attend, or utilize the specified service. It’s essential to understand and adhere to the following guidelines:
1.4.1 Participant Requirements
You bear the responsibility of ensuring that both yourself and any individuals you invite to join the experience meet all minimum age, proficiency, fitness, or other specified requirements. These prerequisites are crucial for your safety and the quality of your experience.
1.4.2 Medical and Physical Conditions
If you have any medical or physical conditions, or if you are aware of any other circumstances that could potentially affect your ability to fully participate, attend, or use the service, it is your obligation to inform the Host. Open and honest communication ensures that necessary accommodations or adjustments can be made to facilitate your experience.
1.4.3 Additional Guests
Unless expressly authorized, you are not permitted to allow any individual to join the service unless they have been officially included as an additional guest during the booking process. This helps maintain transparency and ensures that all participants are accounted for and accommodated appropriately.
By adhering to these guidelines, you can help create a safe and enjoyable experience for yourself and all other participants. Your cooperation in meeting these requirements is essential for the smooth execution of the service.
2. Cancellations, Travel Issues, Refund Policy and Booking Modifications.
2.1 Cancellations, Travel Issues, and Refund Policy
Native Discovery practices a strict no-refund policy. Tours and pre-booked experiences will continue on unless there are unavoidable acts of God, or if we(Native Discovery) deem it unsafe to continue.
2.1.1 Cancellations
If you, as a user, find it necessary to cancel a purchased product, it’s important to note that, in general, we do not offer monetary refunds. The reason for this policy is the financial commitment required to set up each tour product. We invest resources and effort to ensure your booking can be fulfilled, and this commitment is made from the moment you make a reservation.
2.1.2 Travel Issues
While we strive to provide seamless travel experiences, we acknowledge that unexpected travel issues can arise. In such cases, we recommend reaching out to us promptly to discuss your situation. While our standard policy may not permit monetary refunds, we are committed to assisting you in finding alternative solutions or rebooking options whenever possible.
2.1.3 Exceptional Circumstances
There may be exceptional circumstances where a refund or alternative arrangement could be considered. These situations will be assessed on a case-by-case basis, and any decisions will be made at our discretion.
We encourage open communication and understanding, and we are here to support you through any travel-related challenges you may encounter. Our primary goal is to ensure that you have a positive and fulfilling experience with Native Discovery.
2.2 Booking Modifications
At Native Discovery, we understand that travel plans can sometimes evolve. Therefore, we provide flexibility for making modifications to your bookings. Please note the following important details regarding booking modifications:
2.2.1 Responsibility
Both users and Native Discovery share responsibility for any Booking Modifications that are agreed upon through direct Native Discovery customer service. A Booking Modification refers to changes made to your booking, such as alterations to the dates, accommodations, or other trip details.
2.2.2 Additional Costs
When requesting a Booking Modification, users agree to pay any additional amounts, fees, or taxes that may be associated with the changes. These costs are determined based on the nature of the modification and will be communicated to users during the modification process.
We are committed to assisting you in making necessary modifications to your booking to accommodate your evolving travel plans. Please reach out to our customer service team for assistance with Booking Modifications.
3. Your Responsibilities and Assumption of Risk.
3.1 Your Responsibilities
As a valued member of the Native Discovery community, you bear certain responsibilities to ensure a positive and respectful experience for yourself, your fellow travelers, and our hosts. Your responsibilities encompass the following key areas:
3.1.1 Care of Accommodations.
You are entrusted with the responsibility of leaving the Accommodation (and any related personal property) in the same condition as when you arrived. This includes ensuring the property is clean and undamaged.
3.1.2 Damage Liability
You accept full responsibility for any reasonable Damage Claim amounts that may arise due to damage caused by you or any guest you invite to access an Accommodation.
3.1.3 Ethical Conduct
Throughout your interactions with Native Discovery, our hosts, and fellow travelers, we expect you to demonstrate integrity, respect, and adherence to all applicable laws and regulations.
3.1.4 Minors
If you are booking for a minor or bringing a minor to a Tour or Stay Product, you must have the legal authority to act on behalf of the minor. In such cases, you assume sole responsibility for the supervision and well-being of the minor during the experience.
We encourage you to embrace these responsibilities as a means of fostering a harmonious and enjoyable environment for everyone involved. Your adherence to these guidelines is integral to the success of our community and the meaningful connections we aim to create.
4. 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
At Native Discovery, we value your input and insights. After using a Tour Product or Stay Product, you will receive a feedback form, inviting you to share your thoughts based on your personal experience. When providing feedback, please consider the following guidelines:
5.1 Accuracy and Respect
Your Review should accurately reflect your experience, offering constructive feedback to benefit our community. We kindly request that your Review refrain from containing discriminatory, offensive, defamatory, or any language that contravenes our policies. We believe in fostering a respectful and inclusive environment for all our users.
5.2 Unverified Nature
Please note that Reviews are not subject to verification by Native Discovery for factual accuracy. As such, they may occasionally contain inaccuracies or be unintentionally misleading. We encourage our community members to exercise their judgment and consider multiple perspectives when reading Reviews.
By adhering to these guidelines, you contribute to the authenticity and helpfulness of our user-generated content. Your Reviews play an essential role in enhancing the Native Discovery experience for all. We appreciate your commitment to maintaining a positive and informative platform for fellow travelers and hosts alike.
6. Content
We believe in the power of shared experiences, stories, and visuals to enrich our community. After using a Tour Product or Stay Product, we encourage users to provide valuable insights and content, such as photos, narratives, experiences, and reflections, through our feedback form. Your contributions enhance our platform’s collective knowledge and inspiration.
By providing Content in any form and through any means, you grant Native Discovery an extensive set of rights to ensure the continued growth and improvement of our platform:
If your Content contains personal information, our Privacy Policy outlines how we handle such data. In cases where Native Discovery incurs expenses for creating or facilitating Content, we may assume ownership, with corresponding terms or disclosures indicating this arrangement.
You bear full responsibility for all Content you provide and warrant either ownership or proper authorization to grant Native Discovery the aforementioned rights. Furthermore, you are accountable and liable if your Content violates or infringes upon the intellectual property or privacy rights of any third party.
To maintain a respectful and inclusive environment, your Content must adhere to our non-discriminatory policy. This means refraining from posting discriminatory, obscene, harassing, deceptive, violent, or illegal content
7. Fees
At Native Discovery, we may impose fees (including applicable Taxes) on users for accessing and using our platform. It’s important to note that service fees are typically non-refundable unless stated otherwise on the Native Discovery Platform.
We believe in transparent communication, which extends to our fee structure. Therefore, Native Discovery reserves the right to modify service fees as needed. We commit to notifying users about any upcoming fee adjustments before they come into effect. Please be aware that such changes will not retroactively affect bookings made prior to the update.
Our goal is to provide a fair and sustainable platform for our community, where everyone can benefit from the remarkable experiences and opportunities it offers. Your understanding of our fee policy helps us maintain and improve the services we provide to you. Thank you for being a valued part of the Native Discovery journey.
8. Native Discovery Platform Rules
At Native Discovery, we foster a respectful and honest community, and we expect all users to adhere to these rules:
Acting with Integrity
Honoring Legal Obligations
8.1 Reporting Violations
Your safety and the safety of others are of utmost importance. If you believe that a user’s actions are causing harm to themselves or others, please take the following steps:
Please note that, except as required by applicable law, Native Discovery is not obligated to take specific actions in response to any report. While we take user safety seriously, the immediate response to emergencies is best handled by the appropriate authorities.
8.2 Reporting Copyright Violations
If you come across any content on the Native Discovery Platform that appears to infringe upon copyright agreements, please take the following steps:
We take copyright violations seriously and will work diligently to address any such issues. Your assistance in reporting copyright concerns is greatly appreciated, as it helps maintain the integrity of our platform.
9. Termination, Suspension, and Measures.
9.1 Termination
Native Discovery reserves the right to terminate this agreement and your account under specific circumstances, outlined as follows:
Termination of this agreement does not relieve you of your obligations and responsibilities under these Terms, which will continue to be binding even after termination.
9.2 Legal Mandates
Native Discovery reserves the right to take actions that it deems reasonably necessary to adhere to applicable laws or in response to orders or requests from a court, law enforcement, or other administrative agencies or governmental bodies. This includes, but is not limited to, providing necessary information or taking specific actions as required by law or mandated by authorized authorities.
10. Modification
Native Discovery reserves the right to modify these Terms at any time. In the event of material changes to these Terms, we will post an update on our Blog Page on the Native Discovery website and notify you of these changes via email at least seven (7) days before they take effect. 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) have caused damage to real or personal property for which Native Discovery is responsible, including consequential damages (“Damage Claim”), Native Discovery will contact you to resolve the issue. You will receive a notification of the Damage Claim and have an opportunity to respond. If you agree to pay, or if the Damage Claim is valid and you are responsible for it, Native Discovery may collect the amount of the Damage Claim from you.
You also agree that Native Discovery may seek recovery from you under any insurance policies you maintain. Furthermore, Native Discovery may pursue any available remedies under applicable law, including referring the matter to a collections agency or pursuing legal actions and claims against you.
You commit to cooperating in good faith, providing any requested information, executing necessary documents, and taking reasonable actions to address Damage Claims, Native Discovery complaints, claims under insurance policies, or other claims related to your use of our services.
12. Native Discovery’s Role
We provide you with access to a platform that facilitates the publication, offering, search, and booking of our services. While we strive to ensure a positive experience for our users, we cannot control the behavior of other users on the Native Discovery Platform. You acknowledge that Native Discovery has the right, though no obligation, to monitor the usage of the Native Discovery Platform and verify the information provided by our users.
For instance, we may review, restrict access to, remove, or edit Content for various purposes, including:
(i) Ensuring the operation, security, and enhancement of the Native Discovery Platform, which encompasses activities such as fraud prevention, risk assessment, investigations, and customer support.
(ii) Ensuring users’ compliance with these Terms.
(iii) Complying with applicable laws or the orders and requirements of courts, law enforcement agencies, or other administrative bodies.
(iv) Addressing Content that we determine to be harmful or objectionable.
(v) Taking actions as outlined in these Terms.
(vi) Maintaining and enforcing quality or eligibility criteria, which may involve removing Listings that do not meet these criteria.
Users acknowledge and agree that Native Discovery administers its Legal Terms and Policies, including decisions on whether and how to apply them to specific situations, at its sole discretion. Users also commit to cooperating in good faith and assisting Native Discovery as needed. This may include providing information and taking actions reasonably requested by Native Discovery concerning investigations related to the use or abuse of the Native Discovery Platform.
13. User Accounts
To access and utilize various features of the Native Discovery Platform, you must establish a user account. Registration is solely permitted for legal entities, partnerships, and individuals who are 18 years of age or older. By registering, you confirm that you are not a person or entity prohibited from using the Native Discovery Platform under Malaysian law. It’s imperative that you provide accurate, current, and complete information during registration and keep your account details up to date.
Creating more than one account or transferring your account to another person is prohibited. You are responsible for maintaining the confidentiality and security of your account credentials and must not disclose them to any third party. You are also responsible and liable for any activities conducted through your account. If you suspect that your credentials have been lost, stolen, or that your account’s security has been compromised, you must immediately notify Native Discovery.
In accordance with applicable law, we may, but are not obligated to:
(i) Request additional identification or information from you. (ii) Conduct checks to verify your identity or background. (iii) Screen your information against third-party databases or other sources, and request reports from service providers. (iv) Obtain reports from public records regarding criminal convictions or sex offender registrations, or similar local equivalents.
14. Disclaimer of Warranties
We offer the Native Discovery Platform and all Content “as is” without any warranty, whether express or implied. This means:
(i) We do not endorse or guarantee the existence, behavior, performance, safety, quality, legality, or suitability of any Users, Hosts, Guides, Native Discovery Services, Listings, or third parties.
(ii) We do not guarantee the uninterrupted or error-free operation of the Native Discovery Platform.
(iii) We do not guarantee that any verification, identity, or background checks performed on Listings or Users (if any) will uncover previous misconduct or prevent future misconduct.
Any references to a User being “verified” or similar language simply indicate that the User or Native Discovery has completed a relevant verification or identification process, and nothing more. These disclaimers apply to the fullest extent allowed by law. If you have statutory rights or warranties that cannot be disclaimed, the duration of such statutorily required rights or warranties will be limited to the maximum extent allowed by law.
15. Limitations on Liability.
15.1 Native Discovery Liability
Native Discovery (including its affiliates and personnel) and any other party involved in creating, producing, or delivering the Native Discovery Platform or any Content will not be liable for:
(i) Any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, or the cost of substitute products, stays, or services.
(ii) Damages for personal or bodily injury or emotional distress arising from:
This applies regardless of whether the claims are based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and even if Native Discovery has been informed of the possibility of such damage. Even if a limited remedy is provided in these Terms and found to have failed of its essential purpose, the above limitations on liability still apply.
With the exception of our obligation to transmit payments to Users under these Terms, Native Discovery’s total liability for any claim or dispute arising from these Terms, your interaction with any Users, or your use of the Native Discovery Platform, any Content, or any Native Discovery Service, will not exceed the aggregate amount paid to Native Discovery by you during the six months preceding the claim.
Please note that these limitations of liability and damages are fundamental elements of the agreement between you and Native Discovery. If applicable law does not allow these limitations of liability, the above limitations may not apply to you.
15.2 Accommodation Liability
Users who fail to comply with Accommodation rules will be held liable for:
In cases where the accommodation property is damaged due to a user’s actions, Native Discovery reserves the right to:
15.3 Parking Liability
Native Discovery and its affiliates will not be liable for the custody of any vehicle belonging to the User during their participation in a tour, stay, or product. Users are responsible for the safety and security of their vehicles during such activities.
16. Indemnification
16.1 Your Obligation to Indemnify
To the fullest extent allowed by applicable law, you agree to release, defend (at Native Discovery’s option), indemnify, and hold Native Discovery, its affiliates, and their personnel, harmless from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(a) Breach of Terms and Legal Obligations
(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 breach of any laws, regulations, or third-party rights, including but not limited to intellectual property or privacy rights.
(b) Improper Use of Native Discovery Platform
(c) User Interactions and Services
(iv) Your interactions with any Users, stays at an Accommodation, participation in a Tour, or use of any other Native Discovery Service. This includes, 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.
(d) Tax Reporting and Compliance
(v) Your failure, or our failure at your direction, to accurately report, collect, or remit Taxes.
16.2 Force Majeure
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:
(a) Acts of God.
(b) Accidents.
(c) Riots.
(d) War.
(e) Terrorist acts.
(f) Epidemics or pandemics (including the COVID-19 pandemic).
(g) Quarantine.
(h) Civil commotion.
(i) Breakdown of communication facilities.
(j) Breakdown of web hosts.
(k) Breakdown of internet service providers.
(l) Natural catastrophes.
(m) Governmental acts or omissions.
(n) Changes in laws or regulations.
(o) National strikes.
(p) Fire.
(q) Wildlife risks.
(r) Generalized lack of availability of raw materials or energy.
16.3 Exclusions from Force Majeure
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.
(c) A party’s financial inability to perform its obligations hereunder.
17. Arbitration, Resolution, and Disputes
Any arbitration, resolution, or dispute arising between you and Native Discovery shall be conducted in accordance with the prevailing laws governing Malaysia. If you are an individual consumer, you retain the right to initiate judicial proceedings related to these Terms within the competent court of your place of residence or the competent court within Native Discovery’s place of business in Malaysia.
In the event that Native Discovery seeks to enforce any of its rights against you as a consumer, it may only do so within the jurisdiction where you reside. If you are acting as a business entity, you hereby agree to submit exclusively to the jurisdiction of the Malaysian courts.
18. Miscellaneous.
18.1 Understanding of Terms
Except in cases where these terms are supplemented by updated Terms, Policies, Standards, or Product Specific Regulations, these Terms constitute an agreement between Native Discovery and you regarding the use of the Native Discovery Platform and Services. They supersede any and all prior oral or written agreements. These Terms are not intended to confer any rights or remedies upon anyone other than you and Native Discovery. In the event that any provision of these Terms is deemed invalid or unenforceable, that specific provision will be removed but will not affect the validity and enforceability of the remaining provisions. In these Terms, the use of the word “will” indicates an obligation with the same meaning as “shall.”
18.2 Notice
The term “Notice” pertains to communication between you and Native Discovery. Unless otherwise specified, any notices or other communications permitted or required under this agreement will be delivered electronically by Native Discovery through email, Native Discovery Platform notifications, messaging services (SMS), or any other contact method enabled by us and provided by you.
18.3 No Waiver
Native Discovery’s failure to enforce any right or provision in these Terms will not be considered a waiver of such right or provision, unless we acknowledge and agree to it in writing. Unless expressly stated in these Terms, the exercise of any remedy by either party under these Terms will not affect their other remedies under these Terms or as permitted by law.
18.4 Assignment
Assignment, in the context of these Terms, pertains to the transfer of a product or service purchased by a User. You may not assign any rights or obligations without prior written consent from Native Discovery. Native Discovery retains the discretion to approve or disallow assignment arrangements. As per Section 2.1 mentioned above, no monetary refund will be provided to you if an Assignment is rejected by Native Discovery.
18.5 Third-Party Services
The Native Discovery Platform may include links to third-party websites, applications, services, or resources (“Third-Party Services”) that are governed by separate terms and privacy practices. Native Discovery holds no responsibility for Third-Party Services. The presence of links or resources from Third-Party Services does not imply an endorsement by Native Discovery.
19. Safeguarding Policies
At Native Discovery, we are committed to ensuring the safety and security of all individuals participating in Native products and services. Guests are responsible for safeguarding the well-being of minors throughout all Native products and services. This includes refraining from taking photographs or images of minors or any community member in compromising or vulnerable situations. Native Discovery retains the right to request that guests remove any publicly posted images, taken during Native Discovery products or services, if they feature minors or community members and are considered inappropriate or were taken without the individual’s consent.
20. Contact Us
If you have any questions, suggestions, or require assistance regarding Native Discovery, our Services, Terms, Policies, or Standards, please feel free to reach out to us via email at info@nativediscovery.org. Your feedback and inquiries are highly valuable to us, and we are here to assist you.
