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Terms and Conditions Partners

GENERAL TERMS & CONDITIONS (FOR PARTNERS)

1. INTRODUCTION

  1. Carefully read this agreement before using this website and/or application (hereinafter referred to as “Platform”) and register as a Partner. If you intend to access the Platform as Partner and provide your Services to the Users through the Platform, you agree to be bound by all of the terms and conditions as set out in this Agreement.
  2. The Company reserves the right to revise, update, amend and/or modify these terms and conditions, guidelines, policies, rules and regulations from time to time. Any changes to the foregoing shall become operative upon their publication on the Platform and you shall be deemed to be aware of and have accepted any changes made if you continue to access the Platform thereafter. We encourage you to read this Agreement during every access of the Platform to ensure you fully comprehend the terms and conditions governing its usage. Any other agreement(s) you may have with the Company for other services shall not, in any manner whatsoever be affected by this Agreement. If you do not agree to these terms and conditions, do not access and/or use the Platform and/or Services.
  3. Where you intend to register on this Platform as an individual Partner, you must be an individual who are at least 18 years old or of the legal age for giving consent hereunder pursuant to the applicable laws in your country (hereinafter referred to as the “legal age”). By continue to access this Platform, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.
  4. Where you intend to register on this Platform in the capacity of an enterprise, partnership and/or company, you represent and warrant that you are a business duly organized, registered, validly existing and in good standing under the laws of the country in which the business is registered.

2. DEFINITIONS

  1. “Boonuu” , “we”, “our” and “us” refer to PET HUB MOBILE SERVICES (Business Number: AS0463778-H).
  2. “Intellectual Property” shall include, without limitation, any inventions, technological innovations, discoveries, designs, formulas, know-how, processes, business methods, patents, trademarks, service marks, copyrights, computer software, ideas, creations, writings, lectures, illustrations, photographs, motion pictures, scientific and mathematical models, improvements to all such property, and all recorded material defining, describing, or illustrating all such property, whether in hard copy or electronic form that are subject to Provision 11 hereinbelow. This definition also includes trade secrets and domain names.
  3. “Partner(s)”, “you” and “your” refer to the independent third parties and/or its officers, servants, agents, employees and/or authorised representatives (where applicable) who provide the relevant Services to the User(s) through the Services and/or Platform, including but not limited to driver-partners, delivery-partners, merchant-partners and any other relevant goods and services providers.
  4. “Platform” refers to the Website, Application, Software and any other platform, portal or website which [Boonuu] owns, operates, maintains or otherwise makes available to the Users and/or Partners for the purposes of or in connection with the Services and/or Platform.
  5. “Personal Data” shall carry the meaning as provided under our Privacy Policy.
  6. “Services” refers to the list of services and/or goods offered and made available by the Partner(s) in this Platform, as defined under Provision 3.2 hereinbelow.
  7. “User(s)” refers to end user who accesses or uses the Platform to search for and obtain the Services.

3. SERVICES

  1. [Boonuu] is a technology development company which provides a platform for user(s) to obtain or procure goods and/or services provided by partner(s) or us. Where the goods and/or services are provided, supplied, produced and/or offered by partner(s), [Boonuu] shall merely serve as an intermediary to link the user(s) with such partner(s) and shall not be responsible for any acts and/or omissions of any partner(s). Such partner(s) shall bear all liability in relation to such goods and/or services. The partner(s) shall not hold and/or represent themselves to any user(s) in this Platform to be an agent, employee, staff, servant and/or authorised representative of [Boonuu] and the Services provided by the partner(s) shall not be deemed to be provided by [Boonuu].
  2. The Platform aims to provide supports to the user(s) of this Platform in accessing the following goods and/or services (hereinafter referred to as “Services”) 
    • Pet essentials, supplies, toys, fashion & accessories
    • Pet supplies delivery services
    • Pet boarding services
    • Pet grooming services
    • Pet transportation services
    • Pet insurance
    • Pet training services and centres
    • Veterinary appointment and consultation
    • Pet memorial services
    • Sale of pets
    • Pet walking services
    • Any such other goods and/or services which [Boonuu] make available from time to time
  3. You are solely responsible for any information, linked pages, features, date, text, images, photographs, graphics, music, videos (including live stream), tags, comments, messages or any other materials you uploaded on this Platform (hereinafter referred to as “Content”). [Boonuu] do not give any warranties and/or representations (either express or implied) with regards to the accuracy, consistency, timeliness, reliability, quality or completeness of the Content. We shall be indemnified at all material time by the Partner for any misrepresentation, false information and /or untrue information uploaded to Boonuu. Boonuu reserves the right to remove any Content that violates these terms or is deemed inappropriate at its sole discretion without any notice .

4. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

  1. You agree and undertake to access and/or use the Platform and/or Services solely for lawful and appropriate purposes. You shall not use the Service for any illegal, abusive, or unauthorised purpose(s) including but not limited to the following:
    • Harm, abuse, harass, stalk, threaten, or otherwise violate the rights of other user(s) and/or partner(s) on the Platform;
    • Transmit and/or post any content that is unlawful, defamatory, abusive, harassing, threatening, or otherwise objectionable;
    • Impersonate any person and/or entity or to falsely misrepresent your affiliation with any person and/or entity;
    • Attempt to gain unauthorised access, interfere with and/or disrupt the operation of computer system(s), server(s) and/or network(s) connected to this Platform;
    • Post, promote, distribute and/or transmit through the Platform and/or Services any prohibited materials;
    • Use and/or upload, in any way, any software, system and/or material that contains, or which you have reason(s) to suspect that contains viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another user’s computer or mobile device or the Platform and/or Services;
    • Use the Platform and/or Services other than in conformance with the acceptable use policies of any connect computer networks, any applicable network standards and any other applicable laws.
    • Engage in any other activity considered inappropriate by Boonuu.
  2. You must create a Seller account in order to have full access to the features, goods and/or services in this Platform.
  3. You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by [Boonuu]. The registered account can be accessed on multiple devices without any restrictions.
      • For the purposes of this Clause, a permitted device shall be one that is deemed to be a “trusted device” based on the security criteria which shall be determined by [Boonuu] at its sole and absolute discretion from time to time.
      • If you request to create an account in this Platform, a Username and Password may either be:

    (i) Determined and issued to you by [Boonuu]; or

    (ii) Provided by you and accepted by us in our sole and absolute discretion.
  4. You agree to provide accurate, current, and complete information for the purpose of registration of account in this Platform.
    • [Boonuu] may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation.
  5. You are responsible to maintain the confidentiality of your account and password and for restricting access to your device.
  6. You shall not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity.
  7. You are to notify [Boonuu] immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.
  8. You are solely responsible for the Content you upload, share and/or distribute in this Platform. [Boonuu] reserves the right to remove any Content which violates the terms and conditions set forth herein and/or deemed inappropriate by [Boonuu] at our sole and absolute discretion.
  9. You agree to comply with and adhere to all applicable laws and regulations while utilising the Platform. Your violation of (a) such applicable laws and regulations (b) any of the terms and conditions (c) any rights of any third party will result in immediate suspension or termination of your account without notice. [Boonuu] shall not be required to compensate and/or indemnify you for any such suspension or termination.
  10. You are aware that when requesting Services by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply.
  11. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, [Boonuu] and any other third party as a result of your breach or violation of this Agreement or any applicable governing law, rules and regulations.
  12. Any documentation required to be submitted to [Boonuu] as specified under Annexure A, shall be submitted in accordance with the requirement stipulated by [Boonuu], as and when requested. In the event, documents submitted is found to be fake, tempered with, modified without authority and/or not valid, [Boonuu] shall not be liable for any such submission of documents by you to any relevant authorities and you shall be wholly liable for such submission. Further, [Boonuu] shall without further notice to you, shall penalise, ban and/ or suspend your account.

5. COMPATIBILITY

[Boonuu] does not warrant that the Application, Platform and System will be compatible and interoperable with all version of mobile devices, routers, browsers, hardware, software and/or equipment. [Boonuu] shall not be responsible and liable to you for any losses or damage caused and/or arising from any compatibility or interoperability issues.

6. LICENSE, GRANT AND RESTRICTIONS

[Boonuu] hereby grants you a revocable, personal, limited, non-exclusive and non-transferrable license to use and access the Platform and/or Services in your capacity as a registered Partner on this Platform only subject to your compliance with the terms and conditions of this Agreement. Save and except as expressly set forth herein, [Boonuu] shall reserve its rights.

7. PAYMENTS

  1. You hereby authorize [Boonuu] to:
    • Collect the Sales Proceeds received from the User who made a purchase on this Platform and in general any sums due and owing by you under these Terms & Conditions and hold the said sums of monies;
    • Calculate and to process the payments, refunds, and adjustments;
    • Remit the Net Proceeds after making the necessary deductions including but not limited to the Commission Fee and any sums due and owing by you under these Terms & Conditions, chargeback and refund; and
    • Pay to [Boonuu] and to any third party (including the User) any amounts you owe to them in relation to your use or transactions on the Platform. You acknowledge and agree that payments may be collected from the User through authorized service providers (such as logistics providers or offline payment channel operators) on behalf of [Boonuu];
  2. You agree that Users satisfy their contractual obligations to you when [Boonuu] receives the Sales Proceeds. The obligation of [Boonuu] (or its designated providers) to remit funds received by us on your behalf is limited to the Net Proceeds. You understand and agree that you will not receive any interest and/or any other earnings on Sales Proceeds or Net Proceeds collected by us.
  3. The Net Proceeds shall be released and/or remitted to you within (5) working days upon receiving confirmation from the Users that the request, order, purchase, booking and/or reservation is completed and/or fulfilled.
  4. [Boonuu] (or its designated providers) may delay, suspend or cancel any payment if it is reasonably believed that your actions and/or performance in connection with these Terms & Conditions or the contract with the User are likely to result, or have resulted, in a breach of any provision of these Terms & Conditions, any Agreement and/or any failure to perform any due obligation under these Terms & Conditions and Agreement, any disputes, chargebacks or other third party claims or if there are any sums owed by you to [Boonuu], [Boonuu] may withhold payment for (a) 90 days; (b) until the completion of investigation on such breach or failure of performance; or (c) the resolution of any dispute, whichever is longer. Where a payment is cancelled, such payment shall be forfeited to [Boonuu] and you give up all claim and right to such monies. Any Payment made by [Boonuu] to you will not in any way be considered as a waiver of [Boonuu]’s rights under these Terms & Conditions.
  5. Without prejudice to any other rights and remedies which [Boonuu] has against you, if any sums payable by you to [Boonuu] under the provisions of these Terms & Conditions and/or under any Agreement shall become due and be unpaid, [Boonuu] is entitled to impose on you late payment interest on the outstanding sum calculated at the rate of 5% per annum from the payment due date until the date of payment made to [Boonuu].
  6. All payment made shall be in the local currency, depends on the locality of the User.
  7. [Boonuu] shall not be liable or responsible for any losses and/or damage caused as a result of any error, disruption and/or failure in connection with the shipping information and/or payment information entered by the User or wrong remittance by the User in connection with the payment for goods and services purchased.
  8. [Boonuu] shall not be liable or responsible for any losses and/or damage caused as a result of any payment made by the User directly to the Partners and/or through any other payment method apart from the methods provided by [Boonuu] on this Platform. If Boonuu finds the partner receiving payment directly from User more than one (1) time, the said Partner shall be penalised and his account may be suspended and/or terminated at Bonnuu sole discretion.

8. CANCELLATIONS

  1. You may cancel the User’s request, order, transaction, purchase, booking and/or reservation made on the Platform and/or of the Services within twenty-four (24) hours after the foregoing is made.
  2. [Boonuu] reserves its rights to request you to provide an explanation on the reasons of such cancellation and you shall do so within three (3) days upon being notified of such request.
  3. Late cancellation (beyond 24 hours) and frequent cancellation without any reasons and where such reasons are not deemed to be reasonable, justified and/or acceptable by [Boonuu], shall adversely affect your rating and/or review on this Platform and Boonuu has the sole discretion to suspend and/ or terminate your account without further notice.
  4. The refund process will take up to seven (7) to ten (10) working days and its time frame will vary depending on the payment method used.
  5. [Boonuu] reserves its right to cancel any request, order, transaction, purchase, booking and/or reservation made by the User(s) on the Platform and/or of the Services at its sole discretion and without limitation where it deems the foregoing as fraudulent or suspects the same to be fraudulent, in breach of the Agreement and/or in violation of any existing law and regulation.

9. RATINGS AND REVIEWS

  1. The User(s) of this Platform are allowed to leave ratings, reviews and/or comments for each other in respect of the Services rendered and/or Goods sold and delivered through the Platform.
  2. Ratings, reviews and/or comments by either the Partner(s) or the User(s) are accessible by other Partner and User on this Platform subject to evaluation by [Boonuu]. [Boonuu] reserves its rights to remove the foregoing and/or suspend your access to the Platform without giving prior notice and shall not be liable or responsible for any losses suffered as a result of such removal and/or suspension.

10. INTERACTIONS & COMPLAINTS

  1. [Boonuu] operates as an intermediary connecting the User(s) seeking services and/or goods with the Partners. While [Boonuu] facilitates communication and transactions between users, [Boonuu] does not control, monitor and/or endorse the interactions between the User(s) and the Partner(s) on the Platform.
  2. All communication with Users should take place through the in-app chat. Do not contact the User outside of the Platform or receive any payment made by the User through methods not provided for by [Boonuu] on this Platform.
  3. Any interactions, correspondence and transactions conducted on the Platform are strictly between the User(s) and the Partner(s). [Boonuu] shall not be a party to any agreement, transaction, contract and/or interaction between the User(s) and the Partner(s) on the Platform.
  4. [Boonuu] shall not be responsible and liable for any disputes, disagreements, breaches of contract, or any other issues arising from such interactions or transactions.
  5. Any complaints between User(s) and Partner(s) on the Platform must be taken up with each other directly.
  6. In the event of suspected fraud or scams and where you receive any inappropriate, sensitive, or sexual messages from the User through the in-app chat, you are required to immediately report such incident to [Boonuu] to enable us to take appropriate action.

11. INTELLECTUAL PROPERTY

  1. [Boonuu], its licensors and/or the Partner(s) on the Platform shall retain all rights, title and ownership of its own Intellectual Property in and to the Platform. [Boonuu] reserves its rights to enforce its Intellectual Property under the applicable governing law, rules and regulations.
  2. You warrant and undertake that you are the owner or have lawful rights with respect to the use of Intellectual Property Rights concerning the Services and/or Goods and the Content uploaded by you and/or your authorised representative and you are not aware of any claims made by any third party with regard to any alleged or actual Intellectual Property Right infringement or other claim, demand or action resulting from the Content, advertising, publishing, promotion, manufacture, sale, distribution or use of the Services and/or Goods.
  3. The Terms & Conditions herein shall not be construed as granting, selling and/or convey to you any rights of ownership in or related to the Service, the Platform, or any intellectual property rights, copyrights and trademarks on this Platform owned by [Boonuu] or any other applicable owner(s) of such rights.
  4. Nothing herein contained will be deemed to limit or restrict our or any third party’s rights to assert claims for violation of any Intellectual Property Rights against you.

12. PERSONAL DATA PROTECTION & PRIVACY POLICY

  1. By using and/or accessing the Platform and/or Services, you acknowledge that you have read and understood the terms of this Privacy Policy and that you have agreed and consented to the collection, use, disclosure, storage, transfer and/or processing of your Personal Data as described hereinunder. and agree to [Boonuu]’s Privacy Policy.
  2. Personal Data we may collect from you may include the following (where applicable and relevant):
    • Identification and profile data: your name, date of birth, gender, email address, telephone number, residential address, photographs, videos and audios recordings you uploaded to the Platform;
    • Company and business data: your company name, company registration number, business licence, tax information, registered and business addresses, date of incorporation, director and shareholder information and any other business-related information;
    • Account and transaction data: billing and delivery address, credit card details, bank account details, payments, orders/purchases made by you and/or the User and details of Goods or Services Users have purchased on this Platform;
    • Usage data: information about how and when the User uses the Platform, products, Services, stores, and other content User viewed on the Platform in relation to your Goods and/or Services, as well as websites the User was visiting before the User came to the Platform and/or your Profile and other relevant statistics;
    • Marketing and Communications data: User’s and/or Partner’s interests, survey responses, preferences in receiving marketing materials from us and User’s and/or Partner’s communication preferences, User’s preferences for your products or services, as well as User’s and/or Partner’s feedback, chat, email or call history on the Platform or with third party Service Providers in relation to your Goods and/or Services; and
    • Location data, such as when the User checking for deals near them or the delivery/pick-up status of orders.
  3. [Boonuu] collects and processes Personal Data from Partner on the Platform for the purpose of providing the Services and facilitating communication between User and the Partner.
  4. [Boonuu] may access and/or utilise any Personal Data collected on the Platform to improve the Platform’s functionality, analyse usage patterns, and enhance User’s experience.
  5. [Boonuu] may share any aggregated and anonymized Personal Data for statistical analysis, research, and business development purposes.
  6. [Boonuu] may integrate with third party service provider for payment processing, analytics, and other purposes. You are required to review the privacy policies of the respective service provider. By continuing to use and/or access to the Platform, you are deemed fully understand and accept the terms of the privacy policies of the respective service provider, related to the Platform and/or Services, whenever applicable.
  7. [Boonuu] may revise, update, amend and/or modify its Privacy Policy from time to time. Any changes to the foregoing shall become operative upon their publication on the Platform and you shall be deemed to be aware of and have accepted any changes made if you continue to access the Platform thereafter.
  8. You are responsible to ensure that the Personal Data provided by you to us are at all times accurate and up to date. In case of you wish to make any changes to your Personal Data, you are required to inform us of the changes made or you may update your Personal Data anytime by accessing your account on the Platform.
  9. You may at any time communicate the withdrawal of your consent to the continued use, disclosure, storing and/or processing of your Personal Data by giving us notice (contact details are set out hereinbelow), subject to the conditions and/or limitations imposed by applicable laws or regulations.
  10. Please take note that in the event of such withdrawal, we may not be in a position to continue to provide the Services to you and we shall not be liable for any discontinuation and/or disruption of Services you encountered on the Platform as a result of your withdrawal of consent. Our legal rights and remedies are expressly reserved in such an event.
  11. Reasonable steps and measures will be taken by us in ensuring your Personal Data provided to us are safeguarded. However, please be informed that transmission of any information via the internet is not entirely secured. You are also advised to exercise caution with respect to the sharing of your Personal Data and your authentication/security outside of our Platform.
  12. We are not responsible for the private practices of other websites operated by third parties including but not limited to payment merchant, affiliates and Partners which you may have access through our Platform. You are strongly advised to read and understand the applicable privacy policies of such websites before you give your consent to said third parties and proceed further.

13. LIABILITY & INDEMNIFICATION

  1. You acknowledge and agree that [Boonuu] shall not be responsible for any disputes arising from the Services rendered and/or Goods sold and delivered in the Platform.
  2. You hereby agree to indemnify and shall hold [Boonuu] harmless from any claims, causes of action, demands, damages, losses, expenses (including attorneys’ fees and costs and/or regulatory action) and judgments arising from your use of the Services and/or Platform, your breach of Terms & Conditions of this Agreement and/or your violation of any third party’s rights and the applicable governing law, rules and regulations.

14. INTERNET DELAYS

The Platform and/or Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. [Boonuu] is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

15. LIMITATION OF LIABILITY

  1. Unless otherwise stated, in the event [Boonuu] is found liable, to the fullest extent allowed by law, [Boonuu], the aggregate liability of [Boonuu] and our officers, employees and/or representatives to you and anyone claiming by you or through you, for all Claims resulting or in any way related to the Terms herein, shall not exceed RM 10,000.00 (or such equivalent amount in local currencies of the Territory). This limitation of liability shall apply to any and all responsibility, liability, claims or damages however alleged or arising, unless otherwise prohibited by the applicable laws.
  2. [Boonuu] does not warrant and represent that it assesses or monitors the suitability, legality, ability, movement or location of any User(s) or Partner(s) including advertisers and/or sponsors and you expressly waive and release [Boonuu] from any and all responsibility, liability, claims or damages arising from or in any way related to the User or Partner including third party service providers, advertisers and/or sponsors.
  3. [Boonuu] will not be a party to any disputes, negotiations and/or discussions between you and User and/or Partner including advertisers and/or sponsors. [Boonuu] cannot and will not play any role in managing payments between you and the User, including advertisers and/or sponsors. You are solely responsible for any decisions made by you in respect of the Services rendered and/or Goods sold and delivered via the Platform. You expressly waive and release [Boonuu] from any and all claims, causes of action, demands, damages, losses, expenses (including attorneys’ fees and costs and/or regulatory action) and judgments or in any way related to the third parties including third party service providers, advertisers and/or sponsors introduced to you in the Platform.
  4. [Boonuu] does not guarantee the accuracy, quality, safety, legality, or suitability of Services rendered and/or Goods sold and delivered by the Partner on the Platform. The quality of such Services and/or Goods through the use of the Platform is entirely the responsibility of the Partner who ultimately provides such Services and/or Goods to the User.

16. NOTICES

  1. All Notices and/or other communications are deemed given to you by [Boonuu] through either the Platform, electronic mail to your email address in the records of [Boonuu], or by written communication sent by post to your last known address (whichever applicable) on the day of such publication and/or posting.
  2. You may only give notice to [Boonuu] in writing to our designated address or email address (such notice shall be deemed given to [Boonuu] when only upon receipt): Our Email: support@boonuu.com
  3. [Boonuu] may from time to time adopt and apply other acceptable modes of providing notices to you (including but not limited to SMS or any other forms of electronic communication, as the case may be).

17. ASSIGNMENT

You are strictly prohibited from assigning all or any of your rights under this Agreement to any other third party save and except with the prior written approval of [Boonuu]. [Boonuu] may assign its rights under this Agreement to any third party without your consent and prior notification to you on such assignment. Any purported assignment by you in violation of this section shall be void.

18. GOVERNING LAW AND JURISDICTION

Usage of this Platform and these Terms & Conditions shall be governed by and construed in accordance with Malaysian law. Without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with these Terms & Conditions, the Services and/or the Platform shall be referred to the Courts of Malaysia.

19. RELATIONSHIP

Nothing contained in these shall be construed as creating any agency, partnership, or other form of joint enterprise with [Boonuu].

20. LANGUAGE

  1. English shall be the language of this Terms & Conditions and for all communications. If there is any conflict in meaning between the English language version of this Terms & Conditions or other contractual documents or correspondence and any other version or translation of this Terms & Conditions or other contractual documents or correspondence, the English language version shall prevail.
  2. The pronouns used herein shall include, when appropriate, either gender and both singular and plural, and the grammatical construction of sentences shall conform thereto.

21. SEVERABILITY

If any provision of these Terms & Conditions are held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired and shall continue to be in force.

22. NO WAIVER

No delay or failure by [Boonuu] to exercise or enforce at any time any right or provision of this Terms and Condition shall be considered a waiver, unless made in writing.  No single waiver shall constitute a continuing or subsequent waiver.

23. ENTIRE AGREEMENT

This Agreement shall supersede any prior or contemporaneous negotiations or discussions between you and [Boonuu].

24. AVAILABILITY OF SERVICES AND PLATFORM

You acknowledge and agree that [Boonuu] may from time to time and without notice upgrade, modify, suspend, discontinue or terminate operation of or access to the Platform, or any portion of the Platform which might cause interruption to the operation of the Platform or any portion of the Platform (including access to your Account and/or the availability of any Services and/or Goods), as necessary to perform routine or non-routine maintenance, error correction, or other changes. [Boonuu] shall not be responsible and liable for any losses or damages as a result of such suspension and termination.

25. PUBLICITY AND ANNOUNCEMENTS

Neither party may use the other party’s name, trademarks or service marks or refer to the other party or any of its Affiliate directly or indirectly in any media release, public announcement or public disclosure relating to this Terms & Conditions or its subject matter, including in any promotional or marketing materials, customer lists or business presentations, without obtaining prior consent from the other party.

The obligation in this clause does not apply to any disclosure which a party is required to make by law or a regulatory requirement, provided that the party so required consults with the other party as to the information to be disclosed prior to disclosure.

26. FURTHER ASSURANCES

Each Party must do all things necessary (including, but not limited to, executing all documents) to give effect to this Terms & Conditions.

27. SUCCESSORS BOUND

This Terms & Conditions shall be binding on and shall ensure for the benefit of the respective successors-in-title and permitted assignees of each Party.

28. COMMISSION FEES

  1. Boonuu charges service providers a commission fee for every completed booking or order made through the platform. The commission rate ranges between 5% and 20%, depending on the service type.

    The commission is calculated based on the service fee or product selling price, after deducting any discounts, vouchers, promotions, or rebates offered by the service provider to the customer.

    Formula:

    Commission Fee = (Selling Price or Service Fee – Discounts by Service Provider) × Applicable Commission Rate (%)

  2. Commission fees are not affected by any discounts, vouchers, promotions, rebates, or cashback that Boonuu may independently offer to customers.
  3. Commission fees will be automatically deducted from the sale proceeds collected from customers. The remaining balance (“Net Proceeds”) will be transferred to the service provider within five (5) working days after the order, booking, or service is confirmed as completed.
  4. In the event that a service provider’s account is terminated, Boonuu reserves the right to deduct commission fees for all sales or services completed up to the termination date, or until the completion of any ongoing orders, whichever is later.
  5. The exact applicable commission rates for each service category (for Malaysia-registered business partners and freelancers) are provided in Annexure A: Commission Breakdown of this Agreement.

Annexure A

[shall be construed as an integral part of the Terms & Conditions (Partners)]
Commission Fees
Service Type Business Partner
Pet Consultation 10%
Pet Grooming 10%
Pet Boarding 10%
Pet Training 10%
Pet Walking 10%
Pet Cuisine 10%
Pet Entertainment 10%
Pet Taxi 10%
Pet Cremation 10%
Pet Shop 5%
Pet Listing 5%
Special Conditions

1.  Pet Boarding

  1. Valid business license and/ or registration for Malaysian business and ACRA Business profile for Singapore.
  2. All relevant consent and/ or approval letters from the relevant authorities.
  3. Boarding premises must be animal friendly, clean and safe for the animals.
  4. All boarding premises shall be monitored by CCTV camera at all times. A copy of CCTV footage shall be forwarded to Boonuu if so requested by Boonuu without any charges and delay.
  5. All boarding premises shall be employed by qualified caregivers of animals at all times.
  6. [Boonuu] shall not be liable for any accident and/ or injuries sustained or suffered by the animals during boarding at the pet boarding.
  7. The Pet Boarder(s) shall be solely liable in the event any accidents and/ or injuries caused or sustained to the pet(s) during boarding period.
  8. In any event, Pet Boarder shall indemnify [Boonuu] against all losses, costs, claims, demands, expenses (including reasonable legal fees) and liabilities of any nature arising from or relating to Clause 1 and any other related clauses.

2. Boonuu Taxi

  1. All Boonuu taxi driver are required to submit valid documentation such as :-

    Malaysia

    • Front and back copy of NRIC;
    • A copy of valid Malaysian driving licence;
    • A copy of vehicle registration certificate;
    • A copy of vehicle insurance cover note including e-hailing insurance coverage;
    • A copy of PSV licence;
    • A copy inspection letter from Puspakom for vehicle which are more than three (3) years old from the date of manufacturing;
    • Current Road tax.

    2. Singapore

    • A copy of front and back of Identification card
    • A copy of valid driving license
    • A copy of Vocational license (optional)
    • A copy of Private hire car Driver’s Vocational License (PDVL)
    • A copy of front and back of the Vehicle Log Card
    • A copy Vehicle insurance documentation
    • Current road tax
  2. All Boonuu Taxi driver must be at all material times be physically and mentally able to drive and/or their said vehicle.
  3. At all material times, Pet Taxi driver must not be under the influence of any illegal substance not limited to drugs and/ or alcohol.
  4. Boonuu Taxi driver shall subscribe to annual e-hailing insurance or daily deduction insurance coverage.
  5. Boonuu Taxi driver must ensure that the owner and/or person authorised by the owner to accompany the pet at all times during the ride.
  6. [Boonuu] shall not be liable to the pet owner for any accident and/or injuries sustained by the owner and/ or person authorised by the owner and/ or the pet which is caused by the Boonuu Taxi driver during the ride at all material times. The Boonuu Taxi driver shall be solely liable for such accidents and/ or injuries caused to owner and/ or person authorised by the owner and/ or the pet.
  7. In any event, Boonuu Taxi driver shall indemnify [Boonuu] against all losses, costs, claims, demands, expenses (including reasonable legal fees) and liabilities of any nature arising from or relating to Clause 2 and any other related clauses.
  8. In the case of cancellation of scheduled Boonuu Taxi Services reservation (advance booking) by the driver within one (1) hour from the scheduled pick-up time, [Boonuu] is entitled to impose penalty charges on the driver. Such cancellation shall adversely affect your rating on the Platform save and except where the reason of such cancellation is deemed reasonable, justified and acceptable by [Boonuu].
  9. Where the cancellation of Boonuu Taxi Services reservation is on the part of the User, the driver shall receive a sum of compensation deemed reasonable by [Boonuu] and such cancellation shall not affect your rating on the Platform provided always that you shall initiate movement to the destination within ten (10) minutes upon acceptance of reservation.

3.  Boonuu Rider

  1. All Boonuu rider are required to submit valid documentation such as :-

    Malaysia

    • Front and back copy of NRIC;
    • A copy of valid Malaysian driving licence;
    • A copy of vehicle registration certificate;
    • A copy of vehicle insurance cover note including e-hailing insurance coverage;
    • A copy of PSV licence;
    • A copy inspection letter from Puspakom for vehicle which are more than three (3) years old from the date of manufacturing;
    • Current Road tax.

    Singapore

    • A copy of front and back of Identification card
    • A copy of valid driving license
    • A copy of Vocational license (optional)
    • A copy of Private hire car Driver’s Vocational License (PDVL)
    • A copy of front and back of the Vehicle Log Card
    • A copy Vehicle insurance documentation
    • Current road tax
  2. All Boonuu rider must be at all material times be physically and mentally able to drive and/or ride their said vehicle.
  3. At all material times, the rider must not be under the influence of any illegal substance not limited to drugs and/ or alcohol.
  4. Boonuu rider is strongly recommended to subscribe to annual e-hailing insurance or daily deduction insurance coverage.
  5. Boonuu rider shall only deliver any item, product and/or good purchased by the User through the Platform and is strictly prohibited from providing transportation services to any individual and/or to any pets with or without the presence of pet owner.
  6. [Boonuu] shall not be liable to the User and/or Partner for any damage to the item, product and/or good which is caused by the Boonuu rider during the ride at all material times. The Boonuu rider shall be solely liable for such damage to the item, product and/or good.
  7. In any event Boonuu rider shall indemnify [Boonuu] against all losses, costs, claims, demands, expenses (including reasonable legal fees) and liabilities of any nature arising from or relating to Clause 3 and any other related clauses.

4. Consultation

  1. A copy of valid and current practising certificate and/ or license of the veterinarian to be submitted to [Boonuu] upon registration.
  2. Valid veterinarian registration number to be submitted to [Boonuu] upon registration.

5. Grooming

  1. A copy of valid business license and/ or registration for Malaysian business and ACRA Business profile for Singapore to be submitted to [Boonuu] upon registration.
  2. All relevant consent and/ or approval letters from the relevant authority to be submitted to [Boonuu] upon registration.
  3. Groomer(s) shall at all material time be qualified caregiver/groomer to all types of species of pet(s).
  4. Groomer shall be solely liable for any such accidents and/ or injuries caused to the pet(s) under their care.
  5. In any event groomer shall indemnify [Boonuu] against all losses, costs, claims, demands, expenses (including reasonable legal fees) and liabilities of any nature arising from or relating to Clause 5 and any other related clauses.

6. Pet Cuisine

  1. A copy of valid business license and/ or registration for Malaysian business and ACRA Business profile for Singapore to be submitted to [Boonuu] upon registration.
  2. A copy of all relevant consent and/ or approval letters from the relevant authority to be submitted to [Boonuu] upon registration.
  3. A copy of license for producing pet cuisine from the relevant authorities to be submitted to [Boonuu] upon registration if any.
  4. Pet cuisine seller shall be solely liable for the food prepared by them for the pet(s) and to ensure cleanliness and safety when preparing the cuisine and/or the food.
  5. In any event Pet cuisine shall indemnify [Boonuu] against all losses, costs, claims, demands, expenses (including reasonable legal fees) and liabilities of any nature arising from or relating to Clause 6 and any other related clauses.

7. Pet shop

  1. A copy of valid business license and/ or registration for Malaysian business and ACRA Business profile for Singapore to be submitted to [Boonuu] upon registration.
  2. A copy of all relevant consent and/ or approval letters from the relevant authorities to be submitted to [Boonuu] upon registration.
  3. A copy of valid license from the relevant authorities to carry out pet shop business to be submitted to [Boonuu] upon registration.
  4. Pet shop shall be solely responsible / liable for the any animal/pet(s) sold by them to the customer(s).
  5. In any event Pet Shop shall indemnify [Boonuu] against all losses, costs, claims, demands, expenses (including reasonable legal fees) and liabilities of any nature arising from or relating to Clause 7 and any other related clauses.

8. Pet seller/ breeders

  1. A copy of valid business license and/ or registration for Malaysian business and ACRA Business profile for Singapore to be submitted to [Boonuu] upon registration.
  2. A copy of all relevant consent and/ or approval letters from the relevant authorities to be submitted to [Boonuu] upon registration.
  3. A copy of license for purposes of breeding animal/pet(s) from the relevant authorities to be submitted to [Boonuu] upon registration.
  4. Pet Seller/ Breeders shall be solely responsible and liable for the breeding and selling of the animal and/or pet(s) and under no circumstances shall they misrepresent the breed of the animal/pet(s) to the Customer and /or to [Boonuu].
  5. Pet Seller/ Breeder shall provide MKA Chip if so, requested by customer or [Boonuu].
  6. In any event Pet Seller/ Breeder shall indemnify [Boonuu] against all losses, costs, claims, demands, expenses (including reasonable legal fees) and liabilities of any nature arising from or relating to Clause 7 and any other related clauses.

9. Pet walking

  1. A copy of valid business license and/ or registration for Malaysian business and ACRA Business profile for Singapore to be submitted to [Boonuu] upon registration.
  2. A copy of all relevant consent and/ or approval letters from the relevant authorities to be submitted to [Boonuu] upon registration.
  3. A copy of valid license if any for the “walking” of animal/pet (s) from the relevant authorities to be submitted to [Boonuu] upon registration.
  4. Types and breeds of pets where pet walking services can be provided for shall be solely determined at the discretion of the Partner.
  5. Partner shall be solely responsible and/or liable for the pet walking services provided to the animal/pet(s) and the safety of animal/pet(s) under their care.
  6. In any event the Partner shall indemnify [Boonuu] against all losses, costs, claims, demands, expenses (including reasonable legal fees) and liabilities of any nature arising from or relating to Clause 8 and any other related clauses.

10. Pet training

  1. A copy of valid business license and/ or registration for Malaysian business and ACRA Business profile for Singapore to be submitted to [Boonuu] upon registration.
  2. A copy of all relevant consent and/ or approval letters from the relevant authorities to be submitted to [Boonuu] upon registration.
  3. A copy of license for pet training from the relevant authorities to be submitted to [Boonuu] upon registration.
  4. Types and breeds of pets where pet training services can be provided for shall be solely determined at the discretion of the Pet Trainer.
  5. Pet Trainer shall be solely responsible and/or liable for the training of the animal/pet(s) and the safety of animal/pet(s) under their care.
  6. In any event Pet Trainer shall indemnify [Boonuu] against all losses, costs, claims, demands, expenses (including reasonable legal fees) and liabilities of any nature arising from or relating to Clause 9 and any other related clauses.

11. Pet insurance

  1. A copy of valid business license and/ or registration for Malaysian business and ACRA Business profile for Singapore to be submitted to [Boonuu] upon registration.
  2.  A copy of all relevant consent and/ or approval letters from the relevant authorities to be submitted to [Boonuu] upon registration.
  3. A copy of license for insurance from the relevant from the relevant authorities to be submitted to [Boonuu] upon registration.

12. Pet entertainment

  1. A copy of valid business license and/ or registration for Malaysian business and ACRA Business profile for Singapore to be submitted to [Boonuu] upon registration.
  2. A copy of all relevant consent and/ or approval letters from the relevant authorities to be submitted to [Boonuu] upon registration.
  3. A copy of valid license for the purposes of animal entertainment from the relevant authorities to be submitted to [Boonuu] upon registration.

13.  Pet cremation

  1. A copy of valid business license and/ or registration for Malaysian business and ACRA Business profile for Singapore to be submitted to [Boonuu] upon registration.
  2.  A copy of all relevant consent and/ or approval letters from the relevant authorities to be submitted to [Boonuu] upon registration.
  3. A copy of license for cremating animal/pet(s) from the relevant authorities to be submitted to [Boonuu] upon registration

14. Pet mates

  1. A copy of valid business license and/ or registration for Malaysian business and ACRA Business profile for Singapore to be submitted to [Boonuu] upon registration.
  2. A copy of all relevant consent and/ or approval letters from the relevant authorities to be submitted to [Boonuu] upon registration.
  3. A copy of license for mating animal/pet(s) from the relevant authorities to be submitted to [Boonuu] upon registration .

15. Pet shop delivery

  1. A copy of valid business license and/ or registration for Malaysian business and ACRA Business profile for Singapore to be submitted to [Boonuu] upon registration.
  2. A copy of all relevant consent and/ or approval letters from the relevant authorities to be submitted to [Boonuu] upon registration.
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