Terms

TERMS OF USE

THIS IS IMPORTANT — PLEASE READ. THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS. READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT. ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY. BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998. THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES. PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, referrers, or customers, collectively referred to herein as “Visitors”, are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, referrers, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree with this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.

Again, the Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

WARRANTY

The Site and the Content is provided on an “as is” and “as available” basis and we make no warranties or representations, whether express or implied, in relation to the Site or the Content, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.

LIABILITY

You agree that, whether for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site, including, without limitation, damage for loss of profits, loss of business, or any other consequential or pecuniary loss (even where we have been advised of the possibility of such loss or damage).

You hereby agree to defend, indemnify and hold harmless JohnsonVR360.com and Johnson VR 360 Photo Services, its officers, directors, employees, referrers, merchants & all it’s suppliers.

AVAILABILITY OF THE SITE

You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks.

LIMITATION OF THIS WEBSITE’S OBLIGATIONS AND LIABILITY

This Website will utilize its best efforts to maintain acceptable performance of services contracted for, but this Website makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose.

This Website cannot and does not guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet.

This Website will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. This Website shall not be liable to Visitors for any claims or damages which may be suffered by Visitors, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data and/or emails, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of this Website.

THIRD PARTY INFORMATION

You further acknowledge that some of the Content is supplied to us (directly and indirectly) by third parties and accordingly we can offer no warranty of whatever nature in relation to such Content.

LINKS TO OTHER SITES

We may provide links to other web sites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.

USE OF THE SITE/INDEMNIFICATION

You undertake;

1. not to use the Content for any unlawful purpose;
2. that you shall not make any use of the Site such that the whole or part of the Site is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Site is in any way impaired;
3. not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by this Website. Material contained on this Website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of this Website content for any reason is unlawful unless you have paid the purchase price or are an affiliate of this Website.

DISCLAIMER FOR CONTENTS OF SITE

The Website disclaims any responsibility for the accuracy of the content of this Website. Visitors assume all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the Website, you have no right to rely on any information contained herein as accurate. The Website makes no such warranty.

APPLICABLE LAW

Viewer, visitor, member, referrer, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of Malaysia.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right to change these terms and conditions from time to time. By continuing to use the Site following such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.

You agree that any email you send which breaches any Anti-Spam Laws or any Anti-Spam etiquette or policies of the Internet Community including the CAN-SPAM Act of 2003, shall be subject to a USD$1,500.00 fee for reading and responding appropriately. THIS MEANS SPAM COSTS! Concealing, misrepresenting, or not fully disclosing, the sender’s identity increases the fee by USD$3,000.00 to compensate for the effort to track down the sender.

If there are monies due, and legal or collection actions are required to recover them, you agree to pay all costs including attorney fees, costs, expenses in researching and prosecuting any required action.

LATEST UPDATE

This Terms of Use was last updated on 22^nd July 2020.

TERMS AND CONDITIONS OF SALE

1. Parties of Interest and Binding Aspect of Agreement: The Terms and Conditions of Sale for merchandise, services and general use of the www.JohnsonVR360.com (web) site represent an agreement between the Seller and Buyer. The Seller is Johnson VR 360 Photo Services, a Malaysian business. Buyers may be either individuals or fiduciary entities. Each user of the site may or may not make a purchase through the site but shall be considered a Buyer by virtue of having been on, or used the site. BOTH SELLER AND BUYER SHALL BE BOUND BY THIS AGREEMENT WITH REGARDS TO THE SCOPE OF COMMERCE CONDUCTED AND COPYRIGHT LAWS COVERED BY THIS AGREEMENT. IF YOU, THE BUYER, DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS THIS SITE, ITS SERVICES OR MERCHANDISE.
2. Changing Nature of Site: All websites are subject to change due to the changing nature of the commerce they represent. The Seller will make all reasonable efforts to ensure that the information and content contained in this site is accurate at time of inclusion. The Seller will make on-going efforts to maintain current industry information on the site and to provide the site with appropriate maintenance and upgrades as it deems necessary to improve the performance and maintain the integrity of the site. This process may from time-to-time give rise to the discovery of inaccuracies, omissions or information that is not up to date. The Seller may at any time add, delete, correct or otherwise change any part of the information or content, including revising prices of goods/services and services offered without notice to the Buyer and without liability to the Seller.
3. Links: The Seller has provided various links from its site to other web sites, which may be of interest to the user. The Seller exercises no control over such sites and accepts no responsibility for the security or content or any other aspects of such linked sites. The Seller does not endorse any of the linked sites, their content, merchandise, services, views, opinions or any other consideration attached to the linked sites.
4. The Internet, An Unstable Medium: The Internet is a changing and potentially unstable medium, and errors, omissions, interruptions and delays may occur. Communications sent over the Internet may be subject to unauthorized or unlawful intervention or tampering, or infection by viruses or other adverse items. The Seller accepts no responsibility for any such unauthorized or unlawful acts, or any damages or losses, which the Buyer may suffer as a result of the use of the Internet to access this site or any linked sites or to communicate with the Seller.
5. Trademarks and Copyrights: Johnson VR 360 Photo Services is the registered holder of www.JohnsonVR360.com. All other brand names, product names and titles and copyrights used in this site are trademarks or trade names or copyrights of their respective holders. No permission is given by Johnson VR 360 Photo Services with respect to the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holders rights.All textual content and graphics on this website are the copyright of Johnson VR 360 Photo Services. All design, layout and the selection or arrangement thereof on this site and all software compilation, underlying source code, software (including applets) and all other material on this website are the copyright of their respective owners. No permission is granted to copy any material on this website in any form whatsoever. Any use of materials or substance of this site, reproduction for any purpose without the prior written permission of Johnson VR 360 Photo Services and/or their various owners is strictly prohibited.
6. Order Fulfilment: All orders are subject to both availability of product/service and acceptance or rejection of the order by the Seller at the absolute discretion of the Seller. The Seller reserves the right to refuse to supply to any individual or fiduciary, for whatever reason, the products and services offered on this site.A sale shall be considered as consummated when full and partial payment has been received by the Seller, for a valid/active invoice.
7. Price: The prices payable for goods and/or services ordered through the site are based on Ringgit Malaysia. Prices (cost of goods/services) do NOT include delivery costs and any applicable sales taxes for which the Buyer may be liable to pay in addition to the price of the goods and/or services.In the case of any difference between the prices set out on the site and the Sellers invoice, the prices set out in the Sellers acceptance invoice shall apply. The Seller reserves the right, at any time through the issuance of the invoice, to revise prices without notice to the Buyer. The Buyer has the right to withdraw an order in accordance with point 10 of these Terms.
8. Payment Terms:
   1) Invoices below RM2000 - 100% up front payment is required upon order placement.

   2) Invoices between RM2001 - RM4999 - Progress payments are available as follows:
   - 50% upon order placement
   - 50% balance payment due within 14 days from the date of virtual tour publication or hosting on Google or any other third party service.

   3) Invoices above RM5000 - Progress payments are available as follows:
   - 50% upon order placement
   - 25% after shooting completion
   - 25% balance payment due within 14 days from the date of virtual tour publication or hosting on Google or any other third party service.

9. Non-Fulfilment of Order: In the event that the Seller has insufficient stock or resources to deliver the goods/services ordered or for any other reason does not accept the order, any sum debited by the Seller from the Buyers credit card will be re-credited to the Buyers credit card or bank account as soon as possible and in any event within 30 days of the order. Re-credit of the amount debited from the Buyers credit card or bank account shall be the only payment due from the Seller to the Buyer.The Seller will send a written CANCELLATION NOTICE via e-mail or fax in the event that an order is rejected in whole or part.The Seller shall not be liable to pay any additional compensation for losses or damages of any kind incurred by the Buyer as a result of the non-fulfilment of the Buyers order including, without limitation, lost profits, loss of enjoyment, and direct, indirect, consequential, or special losses of any kind, whether or not the Buyer may have notified the Seller of the possibility of such losses.
   10. Buyers Right to Refund: The Buyer may cancel an order for goods and/or services at any time up to the end of the thirtieth (30th) day after the date of issuance of the order acceptance.
10. The Buyer will be given a refund less the following:

    1. RM 50 which is the cost of the registration and set-up of the Buyer’s dot com name. The dot com name will then be transferred to the Buyer.
    2. the tour made (completed or partially complete). The cost per tour is based on the published normal rate of RM488/tour (without any discounts / promotions) for Real Estate property & RM588/tour (without any discounts / promotions) for Business premises. A tour is deemed to be partially completed once the Seller is on-site and has begun to take photos/Panorama of a property. For quotation based projects which may involve special requirements such as travel, accommodation to shooting location, etc. the project is deemed partially completed once the Seller starts to acquire needed items or travel tickets or accommodation bookings.

11. Liability: The Seller shall have no liability to the Buyer for any occurrence unless the Buyer notifies the Seller by e-mail or phone of the problem within 30 days of the delivery of the goods/services in question.The Seller will not be liable to the Buyer for any direct or indirect or consequential or special loss or damage including without limitation, any loss of profits arising out of any problem the Buyer notifies to the Seller under this condition and the Seller shall have no liability to pay any money to the Buyer by way of compensation other than, where applicable, to refund to the Buyer the amount paid by the Buyer for the goods/services in question less cost of domain registration and set up as previously provided for in this section of the agreement.
12. The Buyer hereby agrees to defend, indemnify and hold harmless JohnsonVR360.com and Johnson VR 360 Photo Services, its officers, directors, employees, referrers, merchants & all it’s suppliers.
13. Claims Against Seller: Any claim against the Seller under the terms of this agreement must be submitted within 30 days from the date consideration was paid to the Seller or such action shall be considered as time-barred. The Buyer will be given a refund less RM 50 which is the cost of the registration and set-up of the Buyer’s dot com name. The dot com name will then be transferred to the Buyer. In the event that no consideration is ever paid to the Seller, then no liability of any kind shall ever exist or be construed to have existed for which responsibility or culpability could be alleged or claimed.
14. Force Majeure: The Seller shall have no liability to the Buyer for any failure to deliver goods/services the Buyer has ordered or any delay in doing so or for any damage or defect to goods/services delivered that is caused by any event or circumstance beyond its reasonable control including but not limited to the actions or inactions of the third party carrier or delivering agent of the Buyer.
15. Invalidity: If any part of these conditions is subsequently found to be unenforceable, the enforceability of any other part of these conditions will not be affected.
16. Entire Agreement: These terms and conditions, together with the information set out in the following related documents, comprise together the whole of this agreement relating to the supply of the goods and/or services to the Buyer from the Seller:
    - current www.JohnsonVR360.com package prices;
    - delivery instructions supplied by Buyer via e-mail to Seller;
    - terms and conditions of any applicable third party entity engaged by Johnson VR 360 Photo Services, including the domain registrar and hosting company.Privacy Policy.The Seller may amend this agreement at any time by posting the amended terms on the site. All amended terms shall automatically be effective 30 days after they are initially posted on the site. This agreement may not be otherwise amended except in writing signed by a corporate officer of the Buyer and Seller.In particular, no verbal representation by an employee or corporate officer of the Seller shall be construed as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods or services offered for sale by the Seller.This agreement is effective on 22nd July 2020, for new Buyer accessing and using the site after this date. The last amendment to this agreement was effective for all users on 22nd July 2020.This Agreement shall be governed by and construed in accordance with the laws of Malaysia.

DATA PROTECTION AND PRIVACY POLICY

Your Privacy

Johnson VR 360 Photo Services is committed to protecting your privacy. This data protection and privacy policy sets out how we use and protect the information you give us through this website.

By sharing your information you are aware and agree that we may process the information you give us when you:

• register with our website;
• submit any electronic forms available in this website;
• send an email which includes personal data,

Log Information

When you access Johnson VR 360 Photo Services’s website, our web servers automatically records in a log information that your browser sends. These server logs may include information such as your web request, internet protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

Storage Security & Data Protection

Johnson VR 360 Photo Services has put in place standards to protect stored and transmitted personal information you give us. However, while we are committed to protecting your personal data, we do not guarantee unauthorised or accidental access to such data.

Information Collected

This website does not automatically gather personal information that can identify you when you browse the site. Any personal information we receive must come from you, for instance when you send us an email or submit an electronic form during the course of registration or responding to a survey.

Your Consent

By giving us your personal information, you are giving us consent to collect, use and disclose your personal information under the terms of this policy and any relevant privacy and data protection laws in Malaysia. If you do not wish to give us this consent, then please do not use any of the electronic forms on our website.

Use and Disclosure of Personal Data and Purpose Specification

Johnson VR 360 Photo Services will keep confidential all personal information collected through our website. We may however disclose such information to the following parties in the course of using the information for the reason it was collected:

• A person or company acting on behalf of Johnson VR 360 Photo Services;
• Any other person or company who has undertaken to keep such information confidential, provided they have a right to such information;
• Third party providers that provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services and conducting customer research or satisfaction surveys.

We will also disclose your personal data to government authorities if we are forced to by law. We may also disclose your personal information to anyone else that has a right to it under Malaysian law so long as they can prove they have the authority to do so.

Data Retention

We will keep any personal information you give us as long as there is a reason to do so, for instance to satisfy the law or regulations, or to protect our interests. If not, then we will destroy it by purging it from our electronic, manual, and other filing systems according to our internal procedures and schedules.

Your Rights To Access And Correct Your Personal Information

It is necessary for us to process your personal data to enable us to continue providing the products and services offered. You may at any time request for a copy of the personal data we hold about you, make corrections or update your personal data or limit the processing of your Personal Information by writing to us at the address set out below.

Changes to this Policy

Johnson VR 360 Photo Services has the right to change this policy at any time. We will announce any changes on this page. This policy is not a contract, nor does it suggest any obligation on our part with another party.

Contacting Johnson VR 360 Photo Services

Should you have any queries in relation to this Privacy Notice or how we handle your personal information, kindly email us at:  johnson360tours@gmail.com