Privacy Policy
1. PERSONAL DATA PROTECTION & PRIVACY POLICY
- By using and/or accessing the Platform and/or Services, you acknowledge and agree to Boonuu’s Privacy Policy.
- By using and/or accessing the Platform and/or Services, you consent to Boonuu collecting and processing your personal data as described in the Privacy Policy.
- Boonuu collects and processes personal data from User(s) in the Platform for the purpose of providing the Services and facilitating communication(s) between User(s) and the Partner(s).
- Boonuu may access and/or utilise any personal data collected in the Platform to improve the Platform’s functionality, analyse usage patterns, and enhance User(s)’ experience.
- Boonuu may share any aggregated and anonymized personal data for statistical analysis, research, and business development purposes.
- Boonuu may integrate with third party service provider(s) for payment processing, analytics, and other purposes. User(s) are required to review the privacy policies of the respective service provider(s). By continuing to use and/or access to the Services and/or Platform, you are deemed fully understand and accept the terms of the privacy policies of the respective service provider(s), related to the Platform and/or Services, whenever applicable.
- 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.
2. LIABILITY & INDEMNIFICATION
- You acknowledge and agree that Boonuu shall not be responsible for any disputes arising from the Services rendered and/or Products sold and delivered in the Platform.
- You hereby agree to indemnify and 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.
- Boonuu shall use its reasonable endeavours to give you notice in writing of any claims, actions or proceedings being made, threatened or brought against Boonuu. Boonuu shall permit you at your expense to conduct any litigation which may ensue and all negotiations for a settlement of any claim provided that:
- You conduct such litigation with due diligence and propriety and in such a way as not to bring the reputation or good name of Boonuu into disrepute;
- You provide Boonuu with such security for costs and damages that might be awarded against Boonuu as Boonuu may reasonably require;
- You shall not be entitled to settle or compromise any claims against Boonuu without Boonuu’s prior written consent (not to be unreasonably withheld);
- You keep Boonuu informed at all times of developments in the litigation; and
- Boonuu may at any time on written notice to you re-assume sole control of such litigation or negotiations.
3. INTERNET DELAYS
4. LIMITATION OF LIABILITY
- Unless otherwise stated, and to the fullest extent allowed by law, any claims against Boonuu by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in using the Platform and/or Services during the event giving rise to such claims. Boonuu shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the Services and/or purchased the Products, including but not limited to:
- Loss, damage or injury arising out of, or in any way connected with the Services and/or Platform;
- The use or inability to use and/or to access the Services and/or Platform;
- Any reliance placed by you on the accuracy, consistency, timeliness, reliability, quality or completeness of the Content and/or any advertising in the Platform; and
- As a result of any relationship or transaction between you and any User(s), Partner(s), advertisers and/or sponsors whose advertising appears on the Platform or is referred to by the Services and/or Platform
- 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 releaseBoonuu from any and all responsibility, liability, claims or damages arising from or in any way related to the User(s) or Partner(s) including third party service providers, advertisers and/or sponsors.
- Boonuu will not be a party to any disputes, negotiations and/or discussions between you and User(s) and/or Partner(s) including advertisers and/or sponsors. Boonuu cannot and will not play any role in managing payments between you and the Partners, including advertisers and/or sponsors. You are solely responsible for any decisions made by you in respect of the Services rendered and/or Products 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.
- Boonuu does not guarantee the accuracy, quality, safety, legality, or suitability of Services rendered and/or Products sold and delivered by the Partner(s) on the Platform. The quality of such Services and/or Products through the use of the Platform is entirely the responsibility of the Partner(s) who ultimately provides such Services and/or Products to the User(s).
5. NOTICES
- 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.
- 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).
- 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).
6. 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.
7. GOVERNING LAW AND JURISDICTION
Use of the Services and/or 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.
8. RELATIONSHIP
9. LANGUAGE
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.
10. 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.
11. ENTIRE AGREEMENT
This Agreement shall supersede any prior or contemporaneous negotiations or discussions between you and Boonuu.
12. AVAILABILITY OF SERVICES AND PLATFORM
13. 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.
14. FURTHER ASSURANCES
15. 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.
