Terms of Use

YOU MUST NOT USE THIS WEBSITE IF YOU DO NOT WISH TO BE BOUND BY ANY OF THESE TERMS.

Qualification

In order to qualify as a member of Koolred or to use the Website

1. you must be 13 years of age or older
2. all personal data provided by you during the registration process shall be true, complete, accurate and current
3. you undertake that your use of Koolred Services will not violate any applicable law or regulation

For users aged between 13 and 18, parental guidance is advised. Koolred will not be responsible for any harm or security threat received if you have misrepresented your age during registration.

Term

You will abide and be bound by this Agreement for as long as you continue to use the Koolred Services or are a Member.

This Agreement will remain in full force and effect while you use the Website and/or are a Member. We may terminate your membership for any reason at any time. If you are using a paid version of any of the Koolred Services and we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.

International Use

We make no representations that the Website is appropriate or available for use in any location. Your access of the Website or use of the Koolred Service is of your own volition and you agree and undertake to comply with applicable local, national and international laws and regulations regarding online conduct and internet content and in particular the transmission of technical data exported from the country of your residence.

Fees

Your Koolred membership is free. We however reserve the right to charge for the use of Koolred Services or any part thereof at any time hereafter or to revise the fees or to change or discontinue the Koolred Services or any part thereof without any prior notice.

Member Account, Password and Security

You will have to create an account upon registering for the Koolred Services. All information provided must be true, accurate and complete. You are required to furnish the following information to register but for security reasons you are advised not to include them in your profile: full names, telephone numbers, residential addresses.

It is your sole responsibility to maintain the confidentiality of your account data including your password. Any unauthorized use of your account or breach of any security must be notified to Koolred immediately upon your being aware of the same.

Under no circumstances are you to use the account, username, or password of another Member at any time.

Non-Commercial Use by Members

The Koolred Services are intended solely for the personal use of Members, no corporate members is allowed at this moment. Use for commercial purpose, whether directly or indirectly is strictly prohibited unless endorsed or approved by Koolred in writing.

You agree not to copy, transfer or to use any data or information belonging to other persons without permission including without limitation, names, photos, email addresses, links to sell, promote or market any product or services or to send unsolicited email or to link to the Website.

Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.

Appropriate legal action will be taken for any illegal or unauthorised use of the Website or Koolred Services.

User Content posted on Website

Ownership and responsibility

All Content posted by you on the Website including without limitation designs, graphics, photos, video, images, sounds, text, or any other content are your property and you are accordingly solely responsible for the Content that you post on or through any of the Koolred Services, and any material or information that you transmit to other Members and for your interaction with other Users. You acknowledge and agree that Koolred has no control over the Content.

License

By using this Website and/or any of the Koolred Services, you are deemed to grant to Koolred and its affiliates a perpetual, worldwide, non-exclusive and non-royalty bearing license to reproduce, adapt, edit, distribute, publish, display, create derivative works from or otherwise use any Content that you post on the Website throughout the world in any media now known or hereafter devised. Koolred may sublicense the license to its parent company, subsidiaries and affiliates for purposes of promoting their respective businesses. The license granted hereunder will continue to be valid notwithstanding that your membership or this Agreement may be terminated.

Representation and warranty

You represent and warrant that:

• you own the Content posted by you on or through the Koolred Services or have the right to grant the license to use the Content,
• you will not publish any Content which are false, untrue, damaging or which tantamount to a misrepresentation or infringes any copyright or other intellectual property rights of any person, and
• the posting of your Content on or through the Koolred Services does not and will not violate this Agreement or any proprietary or other rights or privacy of any person.

Offensive Content

Any Content which we, in our sole and absolute discretion, consider to be offensive, illegal, harmful, a security threat or which violates this Agreement may be deleted without prior notice. We assume no responsibility for the Content or the conduct of Users and are not obliged to monitor the Koolred Services or to screen, modify or remove inappropriate Content.

Confidentiality

You understand and acknowledge that this is a public site and that anything you post on this Site or through any of the Koolred Services is available and accessible to the world at large. You should not post any Content that you consider to be private or confidential. Koolred has no obligation of confidentiality whatsoever with respect to your Content.

Moral Rights

Any moral rights you may retain in the Content are hereby waived and you agree to release Koolred and its licensees and permitted assigns from any claims you could assert in connection with such moral rights.

Koolred Content

Koolred owns and retains all rights in or has the necessary license to the Koolred Content and the Koolred Services including without limitation the text, software, graphics, photos, sounds, videos, interactive features. Koolred Content is protected by copyright, trademark, patent, trade secret and other applicable laws and international conventions. You may use the Koolred Content solely for your personal use in connection with viewing the Website and using the Koolred Services and for no other purpose.

The Koolred Services contain Content of Users and other Koolred licensors. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Koolred Services.

Content / Activity Prohibited

Prohibited Content includes, but is not limited to Content that, in the sole discretion of Koolred:

• is offensive and incites racism or bigotry against any group or individual;
• harasses or advocates harassment of another person;
• contains bad language including expletives and profanity, crude references and derogatory terms, hate speech or portrayal of violence;
• exploits people in a sexual or violent manner;
• contains nudity, sex, obscenity, pornography, violence, or offensive subject matter or contains a link to an adult website;
• information that causes annoyance, threatens harm or evil, encourages or incites crime or, hate propaganda or leads to public disorder;
• solicits personal information from anyone under 18;
• discriminates or insults other religions, ethnics, races or nationalities including disseminating false information with regards to outbreak of racial disturbances;
• promotes, criticizes, discriminates, disseminates false information or provides insider information on any politically related issues that will violate local, state, national or international laws including and not limited to circulation of information with regards to possible terrorist attacks or outbreak of deadly or contagious diseases;
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or links to pirated music files;
• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• may be a threat to national security or public health and safety or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, bombs and grenades, illegal drug production or counterfeit products, violating someone's privacy, or providing or creating computer viruses that would otherwise create liability or violate any local, state, national or international law;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• involves commercial activities and/or sales without our prior written consent such as contests, barter, advertising, or pyramid schemes; or
• includes a photograph or any personal data or information of another person that you have posted without that person's consent.

Koolred will not hesitate to take appropriate legal action against anyone who, in Koolred's sole discretion, violates this provision.

Prohibited activity includes, but is not limited to:

• criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• advertising to, or solicitation of, any Member to buy or sell any products or services through the Koolred Services, transmission of any chain letters or junk email to other Members, using any information obtained from the Koolred Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In that respect, Koolred may limit the number of emails which a Member may send to other Members in any 24-hour period to a number which Koolred deems appropriate in its sole discretion. If you send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Koolred Services in breach of this provision, you acknowledge that you will have caused substantial harm to Koolred and agree that to pay Koolred RM150.00 for each such unsolicited email or other unsolicited communication you send through the Koolred Services;
• covering or obscuring the banner advertisements on your personal profile page, or any Koolred page via HTML/CSS or any other means;
• any automated use of the system, such as using scripts to add friends or send comments or messages, create reviews or blog entries;
• interfering with, disrupting, or creating an undue burden on the Koolred Services or the networks or services connected to the Koolred Services;
• attempting to impersonate another Member or person;
• registering on behalf of another person and uploading, transmitting, posting, sharing or make publicly available on the site any private information of any third party including but not limited to addresses, phone numbers, email addresses, identification numbers and credit card numbers;
• using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
• selling or otherwise transferring your profile;
• creating more than one user profile using different identities;
• using any information obtained from the Koolred Services in order to harass, abuse, or harm another person;
• displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Koolred Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose or sending private messages with a commercial purpose; or
• using the Koolred Services in a manner inconsistent with any and all applicable laws and regulations;
• using Koolred or its Services in any unlawful manner that will impair, damage, disable or overburden the site;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• launching or using any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Koolred servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.

(Notwithstanding the foregoing, Koolred grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.)

Copyright Policy

You may not under any circumstances post, publish, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

We will terminate Membership privileges of repeat infringers of the copyright rights of others upon receipt of proper notification to Koolred by the copyright owner or the copyright owner's legal agent.

If you believe that the copyright in your Content, material or work has been infringed, please provide us with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Koolred Services;
• your contact details namely, your address, telephone number, and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under oath, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Trademarks / Trademark Information

KOOLRED, the logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Koolred and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Koolred or the applicable trademark holder.

In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Koolred and may not be copied, imitated or used, in whole or in part, without the prior written permission of Koolred.

All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Koolred.

Member Disputes

Your use of the Koolred Services and your interaction with other Users or Members of Koolred are solely your responsibility. Koolred may but is not obliged to monitor disputes between you and other Members.

You hereby release Koolred, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Koolred Services.

Privacy

Use of the Koolred Services is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. We may disclose your personal information if required by law or if we believe in good faith that it is reasonably necessary to do so to protect the rights and property of Koolred. We may also use your email address to invite "friends" to connect with you using the Add Friends service.

For more information please click here.

No Third-Party Beneficiaries

This Agreement is personal to you. You may not transfer this Agreement or assign any of your rights or obligations herein to any persons.

Hyperlinks / Use of Share Links by Online Content Providers

This Website may contain links to other websites and third party content. We have no control over such websites and do not endorse or sponsor any content in such websites. We are not responsible for the content, materials, statements or opinions expressed on such websites nor are we obliged to investigate, monitor, review or verify the accuracy or completeness of such content, materials, statements or opinions. Your access to third party websites and content are solely at your own risk.

You are permitted to link to materials on the Website strictly for personal, non-commercial purposes. You may incorporate the "Embeddable Player" feature provided on the Website into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Website on the pages containing the Embeddable Player. You may not modify, interfere, build upon or block any portion or functionality of the ‘Embeddable Player’ including but not limited to links back to the Koolred website. Koolred reserves the right to discontinue any aspect of the Website at any time.

Disclaimer

User Submission / Communication

This Website may contain information posted by users ("User Submission"). Such information may be personal information, expressions, opinions or statements about various subject matters. You are encouraged to use your good judgment and exercise prudence in evaluating such information. Koolred is not responsible for the accuracy, truth or completeness of such information.

Koolred assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.

Koolred makes no warranty that the Koolred Services will meet your requirements.

You agree to waive any rights or remedies you may have against Koolred with respect to User Submissions that are offensive or objectionable and you further agree to indemnify Koolred, its operators, subsidiaries, affiliates, agents, co-branders, partners employees and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Koolred expressly disclaims any and all liability in connection with the Content, User Submissions or any materials posted on the Website.

Third Party Advertisements and Promotions

By using Koolred Services, you agree that Koolred has the right to run third party advertisements, promotions and provide links associated with these advertisements and promotions in any manner and at any time.

Koolred assumes no liability on any correspondence, business dealings, participation arising from these advertisements and promotions. Non delivery of products and services, terms and conditions, warranties and representations associated with such dealings is solely between you and the third parties. Koolred shall not be responsible for any loss and damages suffered from these dealings or from non-availability of these links.

Technical malfunction / Viruses

Koolred is not responsible for any technical problems or malfunction of any telecommunications network or internet systems, servers or service providers, computer or mobile phone equipment, software, failure of any email due to technical problems or traffic congestion on the internet or on any of the Koolred Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Koolred Services, including without limitation any third party software.

Koolred is not responsible in respect of any loss or damage suffered in resulting from any bugs, viruses, trojan horses or the like which may be transmitted to or through the Website by any third party.

Loss or Damage

Koolred is not responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from use of the Koolred Services, participation at any Koolred events, use of any Content posted on or through the Koolred Services, or attributable to the interaction with or conduct of any Users of the Koolred Services, whether online or offline.

Content on the Website

Content on the Website is provided to you "AS IS" for your personal use and information only and may not be used, copied, distributed, transmitted, broadcast, sold, licensed or otherwise exploited for any commercial or other purposes whatsoever without the prior written consent of the respective owners. Koolred expressly disclaims any warranty of fitness of the Content for a particular purpose or non-infringement.

Limitation of Liability

IN NO EVENT SHALL KOOLRED BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS ARISING FROM YOUR USE OF THE SERVICES, EVEN IF KOOLRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KOOLRED'S LIABILITY TO YOU WHATSOEVER AND HOWSOEVER CAUSED IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KOOLRED FOR THE KOOLRED SERVICES DURING THE TERM OF MEMBERSHIP.

TO THE FULLEST EXTENT PERMITTED BY LAW, KOOLRED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE KOOLRED SERVICES AND YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. Other provisions not affected remain valid and effective.

Koolred reserves all rights not expressly granted in and to the Website and the Content.

Indemnity / Indemnification

You shall indemnify and hold Koolred, its parent company, subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, demand, cost and expenses (including attorneys' fees) relating to or arising out of your use, misuse or abuse of the Koolred Services and/or any breach of your representations and warranties and/or any of these Terms of Use and/or if any Content that you post on the Website or through the Koolred Services causes Koolred to be liable to another.

General

Your use of the Website or any of the Koolred Services signifies your acceptance of the terms and conditions of this Agreement and is further affirmed by your becoming a Member.

This Agreement together with the Privacy Policy and any other legal notices published by Koolred on the Website constitutes the entire agreement between you and Koolred regarding the access to the Website and the use of the Koolred Services.

Failure or delay of Koolred to exercise or enforce any of its rights under this Agreement shall not operate as a waiver of such right or preclude Koolred from exercising such right in the future.

Koolred is a trademark of AirAsia Berhad.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severed from this Agreement and the validity and enforceability of any remaining provisions shall continue to remain in full force and effect.

Any claim or dispute between you and Koolred of whatever nature arising from the Website shall be decided in accordance with the laws of Malaysia under the exclusive jurisdiction of the Malaysian courts.

Notwithstanding any other provisions contained herein, Koolred reserves the right, at its sole discretion and without any notice or liability to you, to

• block or prevent your future access to and use of all or any portion of the Website or Koolred Services or Content;
• change, suspend or discontinue any aspect of the Website, Koolred Services or Content; and
• impose limits on the Website, Koolred Services or Content.

Travel Advisor, Travel Host and Travel Buddy

The following terms of use are applicable especially to Koolred's Travel Advisor, Travel Host and Travel Buddy. These terms of use are to be treated as additional to the general Term of Use governing other Koolred Services as such any conflict of terms between the general Term of Use and this terms of use, this terms of use shall prevail. By signing up to Koolred's Travel Advisor, Travel Host and Travel Buddy, you agree to be bound by these additional terms of use.

Koolred's Travel Advisor, Travel Host and Travel Buddy is a Venue designed for members to get to know each other, which has the following features:

• Travel Advisor - request for travel advice
• Travel Buddy - arrange to travel together
• Travel Host - ground arrangement(s) between a host and a guest

Koolred's Travel Advisor, Travel Host and Travel Buddy is for personal use and professional or commercial use is strictly prohibited.

Since it is only a venue, Koolred is not involved in the actual contact between users and does not conduct introduction of users to one another. All users are encouraged to communicate directly with travel advisors, travel hosts, travel buddies or guests using tools available on the Website such as messaging. You are solely responsible for your actions, whether online or offline, and conducts with other users. Koolred will not be liable for any damage or harm resulting from your interactions with other users of this Website.

The identity and address verification tool in the Travel Host feature only confirms the name and postal address a user submits to us. As a result, we have no control over the conduct of our users whether online or offline and/or the truth or accuracy of the information that users post on the Website.

Because we do not control interactions among between members and other persons or companies, and because we cannot guarantee the true identity, age, nationality of users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects, you agree that you bear all risks and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use, your Third Party Transactions, and/or our resolution of any disputes among users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

Please note for Travel Host, you must be 18 years old and above to register either to be a host or to be hosted by someone. By registering, it means you confirm the age you declare is genuine and correct.

Further, if your host or the person you're hosting is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, and steals from you, you must immediately report this person to the appropriate authorities and alert us at support@koolred.com. However, your report does not obligate us to take any action or cause us to be liable.

Mobile Services

Koolred Services includes certain services that are available via your mobile phone, including:

• the ability to upload content to Koolred via your mobile phone (Mobile Uploads),
• the ability to disclose and display your location information
• the ability to receive and reply to Koolred messages and
• the ability to browse Koolred from your mobile phone (Mobile Web) (collectively the "Mobile Services").

These Mobile Services are provided without any charge by Koolred but your service provider's normal messaging, data and other rates and fees will still apply. Please check with your service provider for more details concerning their charges.

If you opt to use the Mobile Services you agree that we may communicate with you regarding Koolred and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

If you have any questions about these Terms of Use and any of the aforementioned statements may contact Koolred at askus@koolred.com

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS.