Effective Date: March 12th, 2025
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Theta Innovation Sdn Bhd (“Theta’’,“we”, “us” and “our”) and concerning your access and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1. Definition
1.1 In this Terms and Conditions, the following words and expressions shall have the following meanings:
“Affiliate” : means with respect to any person or entity, any other person or entity controlling, controlled by or under common control with such person or entity. For the purposes of this definition, the term “control” means, in relation to an undertaking, the holding of a majority of voting rights in it; the right to appoint or remove a majority of its directors; or the power, whether by contract, equity ownership or otherwise, to direct the policies or management of it.
“Content’’ : refers to all information, text, articles, graphics, images, audio, videos, software, data and other materials made available through PilgrimPro platform, including but not limited to Umrah & Hajj management, religious guides, Mushaf (digital Quran), user-generated contributions, and any other materials provided.
“Intellectual Property Rights’’ : means patents, trademarks, service marks, trade names, registered designs, designs, copyrights and other forms of intellectual or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets and confidential information, and any other protected rights and assets, and any licenses and permissions in connection therewith, in each case in any part of the world and whether or not registered or registrable and for the full period thereof and all extensions and renewals thereof, and all applications for registration in connection with the foregoing.
“PilgrimPro’’ : refers to a digital platform that streamlines the Umrah and Hajj experience, offering services like travel bookings, financial solutions, guided tours, and real-time support.
“Services” : refers to all features, functionalities, applications, and offerings provided by PilgrimPro, including but not limited to travel bookings, financial solutions, guided tours, and any other tools or services accessible through the platform, whether free or paid.
“Terms and Conditions’’ : means this Terms and Conditions.
“User’’ : refers to any individual or entity that accesses, browses, registers, or otherwise uses the PilgrimPro platform, including pilgrims, travel agents, service providers, and any other stakeholders who engage with the platform’s Content and Services.
2. Acceptance of Terms
2.1 By using or continuing to use the Services, you will deemed to have read, understood, and accepted to these Terms and Conditions and to be legally bound by these Terms and Conditions.
2.2 These Terms and Conditions may be amended or varied by Theta from time to time and the user will be notified through our website. The continued use of the Services by the user constitutes the user’s agreement to be bound by the terms of any such amendment or variation.
3. Proprietary Rights
3.1 Theta is the owner or the licensee of all Intellectual Property Rights in our Services, including all source code, databases, reports, charts, graphics, functionality, software, website designs, audio, video, text, photographs, and documentation (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
4. Eligibility
4.1 The Services is exclusively intended for use by individuals who are at least 13 years of age. By accessing or using the Services, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you are prohibited from registering for or using the Services.
4.2 In the event that we become aware of any unauthorized use of the Services by a minor, we reserve the right to immediately terminate access to the Services and delete any associated data without prior notice.
5. User Registration
5.1 You may be required to register in order to use and/or access certain features of the Services. By registering, you agree to provide accurate, complete, and up-to-date information during the registration process, and to maintain the confidentiality of your account credentials, including your username and password.
5.2 Theta shall not be liable for any loss or damage resulting from unauthorized access due to your failure to secure your account.
5.3 We reserve the right to remove, reclaim, or change any username you select if, in our sole discretion, it is deemed inappropriate, obscene, or otherwise objectionable.
6. Privacy Policy
6.1 We prioritize data privacy and security. By using the Services, you agree to our Privacy Policy, which governs the collection, use, and disclosure of personal data. The Services are hosted in Malaysia. If you access the Services from a region with different laws or requirements regarding personal data, you consent to the transfer of your data to Malaysia for processing, in accordance with the applicable laws in Malaysia.
7. User Conduct
7.1 By using the Services, you agree not to engage in any conduct that violates applicable laws or regulations, infringes upon the intellectual property rights of others, or otherwise breaches the terms of this Agreement.
8. Restrictions on Content Use
8.1 Users are prohibited from reproducing, distributing, or otherwise using any Content without obtaining prior written permission from PilgrimPro.
8.2 Any approved use of the Content must comply with the following conditions;
(i) the Content must credit PilgrimPro as the source;
(ii) the use must be for informational and non-commercial purposes only; and
(iii) the integrity of the Content must be maintained in its entirety without modification or alteration.
9. Rights of Access
9.0 PilgrimPro reserves the right to restrict or deny access to the Services at its sole discretion, without prior notice or justification. This includes, but is not limited to, situations where PilgrimPro deems it necessary to protect the integrity, security, or compliance of the Services, or in the event of a violation of the terms and conditions.
10. Payment Terms
10.1 We only accept payments made via PilgrimPro’s official payment gateway. We do not store or request credit/debit card details through phone or email. Should the payment is flagged, a verification may be required, which could involve submitting masked credit card details to support@pilgrim-pro.com for further processing. Please report any phishing attempts immediately to support@pilgrim-pro.com to ensure the security of your account.
10.2 Special terms apply to payments for Dam, Sabil, and Qurban services.
11. Third-Party Website and Content
11.1 We do not monitor, evaluate, or verify the accuracy, appropriateness, or completeness of any links to third-party websites (“Third-Party Websites”) or display content originating from third parties, such as articles, images, videos, software, and other materials (“ThirdParty Content”) that the Services may contain. As such, we disclaim any responsibility or liability for any Third-Party Websites accessed via the Services, or for any Third-Party Content provided through the Services.
11.2 The inclusion of links to, or the availability of, Third-Party Websites or Third-Party Content does not imply our endorsement or approval of such websites or content. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
11.3 Any transactions, including purchases, conducted through Third-Party Websites and/or any liability of whatsoever nature arising from the Third-Party Content are solely between you and the relevant third party, and we assume no responsibility or liability (of whatsoever nature) thereof.
12. Termination of Use
12.1 Notwithstanding the above, in the event that you commit a breach or potential breach of any terms herein such as failure to make payment, Theta reserves the right to take necessary action including but not limited to termination or suspension of your access to PilgrimPro without compensation and/or liability of any kind to you.
13. Indemnity
13.1 Notwithstanding anything to the contrary, you will defend, indemnify and hold Theta save and harmless from any and all claims, suits, actions, demands, costs, settlements, losses, damages, expenses and all other liabilities including reasonable attorney’s fees (collectively “the Claims”), arising out of or resulting from its breach of this Terms and Conditions or the intentionally wrongful or negligent acts or omissions on your part, in the performance of or failure to perform your obligations under this Terms and Conditions or in relation to your use of the PilgrimPro.
13.2 You will be responsible for and shall accordingly fully indemnify Theta in respect of any breach or threatened breach of any Intellectual Property Rights by any of your representatives, and undertake to take any and all such action as Theta reasonably deem fit and necessary to prevent any threatened breach, or contain the effects of any breach or suspected breach, at your costs.
14. Force Majeure
14.0 Theta shall not liable in any way for delay, failure in performance, loss or damage due to any of the force majeure conditions such as fire, strike, embargo, explosion, power blackout, earthquake, flood, war, labour disputes, civil or military authority, pandemic, epidemic, sabotages, acts of God or the public enemy, inability to secure raw materials, acts or omissions of other carriers or suppliers, or other causes beyond its reasonable control, whether or not similar to the foregoing.
15. Governing Law and Dispute Resolution
15.0 This Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.
15.1 All disputes arising from this Terms and Conditions shall be amicably resolved between the Parties through good faith negotiations within thirty (30) days from the date of written notification from either Party, failing which either Party shall have the right to refer the disputes to the Court of Malaysia. No resolved disputes shall be effective unless made by mutual consent and made in writing specifically referring to this Terms and Conditions and duly signed by the Parties.
16. Limitation of Liability
16.0 Theta and its Affiliates shall not be liable in any way for any losses or damages, rights, claims and/or actions of any kind (including but not limited to loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive, general damages and/or special damages of any party including third parties) howsoever arising whether in contract, tort, or otherwise including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy, in connection with the PilgrimPro.
17. Contact Information
17.0 Theta is committed to address any questions, concern in relation to our handling of your personal information or this Policy, you can contact us for assistance as follows:
Theta Innovation Sdn Bhd (Attention: PilgrimPro)
Seksyen 51A, Petaling Jaya, Malaysia 46100
+603 6043 0000
support@pilgrim-pro.com
By using PilgrimPro, you acknowledge and agree to these Terms and Conditions.
