Terms and Conditions

www.whimsy.com.my is the official and only website (hereinafter referred to as “Website”) used as the online reservation system (hereinafter referred to as “System”) for your Whimsy experience (hereinafter referred to as “Event”).

 

Visitors and users of the website (hereinafter referred to as “Customer”) of Whimsy online reservation system agree to comply with the following terms of use (hereinafter referred to as “Terms”) before purchasing and confirming their seats.

 

90ink Chemistry Event Sdn Bhd (hereinafter referred to as “The Organiser”) shall have the right to amend and update the terms of use for the System from time to time by publishing the relevant updates or information in the Website. The amendments and update shall enter into effect upon its publication on the website.

  1. Definitions and Interpretations
    “Seats” refers to the seats at the Event which will be held at a venue in respect of which we have rights to sell to you.
    “Venue” means any facilities, locations or restaurants of any nature where the Event is being held.
    “We” means The Organiser. “Us” and “Our” shall be read accordingly.
    “You” means the Customer, seat purchaser or anybody who in our reasonable opinion is acting with your authority of permission. “Your” shall be read accordingly.
  2. Acknowledgement
    Customer should read carefully all the terms and conditions prior to purchase and any queries relating to them should be raised prior to purchase, as purchase of seats constitutes to acceptance of all stated terms and conditions.
    By performing any action on the System, Customer confirms the following

    • He/she is an individual of at least 18 years of age, has full passive and active legal capacity for using the System
    • He/she is a legal entity whose representative has all and any powers to use the System in the name of that person, and to assume any obligations for that legal entity
    • The person duly understands and complies with all the Terms and Use of the System
  3. Seats Booking
    • All final prices quoted are in RINGGIT MALAYSIA or in short form of “RM”
    • All seats sold are subject to availability on the System and these terms and conditions
    • The Customer will be paying partial payment of their seat in the system as required and is required to make the remainder payment at the Venue upon their arrival
    • The Customer shall not change their name and any other guests assigned to their purchase once the booking confirmation is done
    • Customer shall not decide on the arrangements of seat during the Event. Seat arrangements are strictly on first come first serve basis upon customers registration at the venue before entering the Whimsy experience. Customers are advised to arrive earlier at the venue and any request to change seats or change session will not be entertained
    • No refund, amendments or cancellations will be entertained upon confirmation
    • It is your responsibility to check your booking details during the purchase process in the System
    • It is your responsibility to check your booking confirmation carefully and if there is any mistake or discrepancy in information, please contact the Organiser immediately
    • The Organiser will not be responsible for any booking confirmation that is lost, stolen or destroyed
    • Reselling of seats is strictly prohibited. The Organiser reserve the full rights to cancel any seat(s) that are resold
    • The Organiser only accepts responsibility for seats bought from the System. All confirmed purchase(s) will receive a booking and seat confirmation from the System through the email address provided by you in the System
    • Ownership of a seat confirmation does not confer any rights (by implication or otherwise) to the Customer to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property that appeared on the seat confirmation
    • A valid booking confirmation must be produced to get into the Event. Seat is valid on the date of the event, session and seat(s) selected only. One (1) seat admits one (1) person only. Any customers who fails to verify their identity or verify their booking confirmation shall be denied entry and such seats are strictly non-refundable
    • The consideration for seat transfer will however be given by The Organiser if you can provide evidence of double purchase, illnesses or other emergencies deemed reasonable by the Organiser at least seventy-two (72) hours before the dinner through email info@whimsy.com.my together with the details of the replacement such as: Full name, display name, identification card number / passport number and contact details
    • Any seat(s) or seat(s) confirmation obtained found in breached of stated terms and conditions shall be deemed void and all rights conferred or evidenced by such seat(s) shall also be deemed void. Any person using such void seat(s) to gain entry may be considered a trespasser and liable to legal action. Such void seat(s) are strictly non-refundable
    • Any use of the Whimsy System website, its contents and data for any unlawful activities, as well as for the purpose of sale or resale of seats, for advertising or business purposes or otherwise for receiving any benefits, including intermediation of seat(s), is prohibited without The Organizer’s prior written consent. We shall have the right to charge a contractual penalty for breach of contract in the amount of up to RM100,000.00 from any customer who has violated this provision
  4. Pricing and Payment
    • Pricing of the seat is true and shall be the pricing set at the time your booking is made
    • The Organiser reserves the right to revise and update the pricing from time to time and shall enter into effect upon its publication on the Website
    • The official payment gateway for Whimsy is iPay88
    • Please be advised that additional credit / debit card or banking fees may be charged per seat on certain transactions
  5. Use of Details and Data
    Information and details are collected from those using the System for booking in order to facilitate seat purchase and other services available
  6. Admission
    • Customer have to be at least 13 years old and above to be able to take part in the Event. If there are any customer(s) in your group that is under the age of 18, the presence and signature of parent / guardian that is at least 18 years old and above will be required for indemnity form
    • Punctuality is extremely important for Whimsy experience. Customer are advised to arrive earlier or at the exact scheduled time of their booking. If Customer arrives late and the event has already started, the Organizer will not reset the event and previous courses that were already served to other Customers before their arrival will not be served. Late Customer will continue the courses as per scheduled by the Organiser with no refund will be given
    • The Organiser reserves the right to refuse or deny any admission to the venue in reasonable circumstances including health and safety matters, licensing, validation of identity or where a seat is void.
    • The Organiser also reserves the right to request Customer to leave the Venue at any point of time on any reasonable grounds and may take any appropriate actions to ensure this right. By way of example but not limited to below, the Organizer may remove Customer(s) who;
      • Behaved in a manner which, in the reasonable opinion of the Organiser has, or is likely to affect the enjoyment of other Customers; or
      • Uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may disturb the peace of the Organiser and other Customers; or
      • In the reasonable opinion of the Organiser, you are acting under the influence of alcohol or drugs.
    • Customer must comply with the instructions and directions given by the Organiser, the staffs and stewards on duty
    • No refunds will be given to those who are denied entry due to their own behaviour as suggested in, but not limited to the examples above
    • You voluntarily assume all risk and danger incidental to the event whether occurring prior to, during or subsequent to the actual event, including any death, personal injury, loss, damage or liability
  7. No Show Policy
    The Organiser enforces no refund on the no show or missed bookings. Customer who missed their bookings or did not show up for the booking will not be given refund
  8. Changes to Event and Liability
    • The Organiser may postpone, delay, cancel, interrupt or stop the event due to dangerous situations or any other causes beyond reasonable control of the Organiser, but not limited to examples below. Customer are entitled to re-schedule another booking within the published Event date. Re-scheduling of Seats are based on the availability of Seats in the System.
      • Power failure
      • Flooding, hurricane, earthquake, or any force major event at the Venue
      • Any politically motivated restriction, strike or curfew at the Venue or its surroundings
    • It is the Customer’s responsibility to ascertain whether the Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, the Organiser will use their reasonable and best endeavours to notify the Customer
    • In the event of unforeseen technical error beyond the reasonable control of the Organiser during or before the dinner, Customers are given the option to
      • Continue the remaining courses in another designated dining lounge and/or
      • Re-schedule another booking within the published Event date. Re-scheduling of Seats are strictly based on the availability of Seats in the System and re-scheduling must be set on the spot with the Organiser, staff or steward within the same day of the error occurrence
    • The Organiser cannot be held responsible for any costs incurred by the customer for their travel, accommodation or any other related expenses
  9. Food Safety
    • The Organiser cannot guarantee that participating chefs and restaurants will prepare dishes without common allergens, such as nuts, dairy, gluten, etc. Customer are advised to go through the menu published on the Website before purchasing a seat. Customer shall be responsible for their own health and safety and shall observe any and all precautions regarding their medical condition without any recourse towards the Organiser
  10. Safety Rules
    • Smoking of conventional and/or electronic cigarette or cigar is strictly prohibited during the Event. Failure to adhere to this condition will lead to the Customer being asked to leave the venue at any point with no refund given
    • Customers are obliged to adhere and obey any instructions by the Organiser, the staffs and the steward at all times. Touching or destroying any operational devices or machinery is strictly prohibited and may result to legal actions
    • Customers are be responsible for taking care of their own belongings at all time during the Event. The Organiser will not be liable for any loss, theft or damaged belongings during the Event
    • The Organizer, the Venue owner, the sponsors, the contractors, their agents and employees shall not be liable for any death, personal injury, loss or damage caused while at the Venue during the Event, nor are they liable for any postponement of the dinner. The Customer is purchasing and accepting the seat voluntarily and assumes all risks and danger incidental to the Event whether occurring prior to, during or subsequent, to the Event including death, personal injury, loss, damage and liability
    • If you have questions or concerns about our Privacy Policy or your data, Terms and Conditions for using System, please feel free to contact us by email: info@whimsy.com.my
  11. Restrictions and Prohibitions
    • Only small items such as mobile phone or compact cameras are allowed in the Event with the Customers
    • Strictly no bouquet of flowers or large decoration items to be brought in by the Customers. Any special arrangements shall be made through the System. Shall the special arrangements that you would like to make are not in selection in the Website, Customer can email info@whimsy.com.my at least 72 hours prior to your booking to arrange with the Organiser. Special arrangements are subject to the Organiser’s agreement
    • Unless for personal use, recording or transmitting any audio, visual or audio-visual material or any information or data inside the Event is strictly prohibited. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. The Organiser will not be held liable for any loss or damage to any confiscated items
    • Any and all recordings made during the Event constitutes in breach of these conditions shall automatically belong to the Organiser
    • The Organiser reserves the right to use any photography or videography taken at any of the Event, without the expressed written permission of those included within photo or video. The Organiser may use the photo or video in publications or other media material produced, used or contracted by the Organiser including but not limited to brochures, invitations, books, newspapers, magazines, television, websites, social media, etc.
    • Any Customer who does not want to have their photo or video taken or distributed must inform the Organiser in writing of his / her intentions and include his / her photograph to be used for identification and the Organiser shall hold it in confidence
    • The following are strictly prohibited in the Event
      • Animals
      • Own food and drinks
      • Bottles, cans or containers
      • Any item which may be interpreted as potential weapon including sharp or pointed objects such as glasses, knives, etc
      • Illegal substances
    • Customer agrees to follow directions given by authorised personnel of the Organiser to submit any search for prohibited items including weapons, controlled / dangerous and illegal substances
  12. Birthday Special
    • The Customer or the person with a birthday must present valid booking confirmation at the Venue or admission will be denied.
    • The Customer or the person with a birthday in the group must verify their birthdate with valid identification at the Venue or the Birthday Special promotion will not be applicable and the remaining amount will need to be settled.
    • Only Customer with valid birthdate verification is entitled for the Birthday Special promotion. EACH verification entitles ONE birthday special only.
  13. Share, Tag and Win Contest
    • The Contestant must be at least 18 years of age, has full passive and active legal capacity
    • The free ticket shall be deemed void if the Contestant is found in breach of any stated terms and conditions
  14. Refunds
    • Seats purchased cannot be refunded, exchanged or cancelled once issued except in the event of a cancellation by the Organiser. Moving the dinner experience into the designated dinner lounge or re-scheduling of the dinner by the Organiser is NOT considered a cancelation and therefore will NOT be refunded
    • If an event is cancelled by the Organiser, the following situation we will work with the respected parties to automatically debit the amount back into your card or to your account. This process takes approximately 14 working days after the Event
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