In this Terms of Service, the following expressions shall have the meaning ascribed to them unless the context otherwise requires:
|Account||Means a registered account created by a Customer to use the Websites and to gain full access and to utilize the Services provided by Buddyz|
|Services||Means the information and networking services of an online platform focused on local travel and tourism that connects Customers with Host and vice versa, that enables Customers to gain access to the Host Services, and to avail themselves of the services provided by Host|
|Buddyz||Means managed by Urban Rhythms Tours Adventures & Travel Sdn Bhd|
|Host||Means local experts and provide host services to the Customers|
|Customer||Means any person who is a Member or who accesses the Websites and/or uses the Host Services and/or engages the services of the Host|
|Host Services||Means information regarding Hosts, their contact details, services and recommendations, local destinations, activities, itineraries, travel facilities, tours and services provided by Host|
|Member||Means a person registered as a member with Buddyz, whether as a Customer or a Host|
|Contents||All information (including Host Services), text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded by a Member|
|Buddyz Trade Marks||Means all names, logos and trade marks of Buddyz used in connection with the Websites and Services which are protected either by way of registration or under common law|
|Websites||Means Buddyz.co or any of them, or any other related websites owned and operated by Buddyz|
|You, your||Means the Customer, whether individually or collectively|
The Websites are used to provide the Services of Buddyz which are essentially an information and networking portal for Customers and Host to connect with each other in the local travel and tourism industry. Buddyz is not itself a travel or tour agency or a provider of accommodation and related services to the Customers. Buddyz does not provide any of the services offered by Local Experts to Customers directly or indirectly and our responsibilities are limited solely to the provision of the Services.
Account Registration : You may generally access our Websites and certain features of our Services including viewing postings by the Hosts as an unregistered visitor. However, in order to have access and use all features of the Websites and to have full access to the Services, you must create and register an account to be a Member with Buddyz. If you are accessing the Services through a third party, Buddyz may require that your user information be the same as your user information provided to such third party. You agree to provide and maintain true, accurate, current and complete information during the registration process and in maintaining your account with Buddyz. Failure to do so shall constitute a breach of this Terms of Service, which may result in the termination of your account.
The Websites, Services and registration as a member of Buddyz are prohibited for children or minors under the age of 18. By accessing the Websites, our Services and/or registering as a member of Buddyz, you warrant that you are 18 and above. Buddyz also reserves the right to terminate any Account that is inactive for an extended period of time.
Member Account, Password and Security : You are responsible for maintaining and safeguarding password and your Account and are fully responsible for any actions and activities under your Account. You will immediately notify Buddyz of any unauthorized use and access of your Account. Buddyz will not be liable for any liability, loss or damage arising from any actions or activities under your Account.
Modifications to the Services : Buddyz reserves the right to modify or discontinue, whether temporarily or permanently, the Services (or any part thereof) without prior notice. You agree that Buddyz shall not be liable to you or to any third party(s) for any modification, suspension or discontinuance of the Services.
Conditions of Use
User Conduct : You acknowledge that you are solely responsible for compliance with all relevant laws, rules and regulations arising from your use of the Websites and our Services.
You further acknowledge that you are solely responsible for Contents that you upload, post, publish or display or otherwise transmit or use via the Services. Buddyz does not endorse any Content submitted to the Websites or any opinion, recommendation, or advice provided by any Hosts or Customers and we expressly disclaim any and all liability in connection with all Contents submitted.
In using the Websites and the Services provided by Buddyz, you agree not to:
Buddyz reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing any content from the Websites, suspending or terminating the Account of such violators and reporting such violators to the relevant law enforcement and authorities.
Buddyz makes available review services to Customers who have used the Services and completed the tour, journey or such other services provided by Local Experts pursuant thereto. Customers accept that the review is only for the purpose of sharing Customers’ opinion towards the Services or the Host Services provided by the Host. All reviews and contents posted by Customers on the Websites must comply with this Terms of Service, in particular, the terms under Conditions of Use, User Conduct (above) Buddyz shall not be responsible for any of the reviews and contents posted by Customers and does not engage in any prior editing or censorship of any kind of such reviews and contents posted. Customers are solely responsible for the information posted or privately sent. Notwithstanding the above, Buddyz reserves the right to adjust, modify, translate, edit, refuse, delete or remove any review or contents at its own discretion without prior notice.
When you access or purchase the services offered by any Hosts, you are purchasing directly from the Host, not Buddyz. You agree to be bound by the terms, arrangement, and agreement as imposed or determined by the Host, who is solely responsible for the Contents and Local Services posted on the Services as well as the services obtained, accessed, or purchased by the Customers. Buddyz is not a party to any arrangement or agreement between the Local Experts and the Customers.
In consideration of Buddyz providing its Services to the Customers, the following service fee will payable to Buddyz.
“Guest Service Fee” – 6% of the total value payable by the Customers to Buddyz upon confirmation of booking.
The Customers acknowledge that Buddyz reserves the right to charge for any portion of the Services and to change the Guest Service Fee from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Websites and this Terms of Service. If you dispute any charges on the Services provided, you must inform Buddyz within three (3) days from the date the Services were provided. If Buddyz terminates your Account and your use of the Websites and Services because you have breached this Terms of Service, you will not be entitled to the refund of any unused portion of fees or payments (if any). Guest Service Fees are also non-refundable.
Special Notice for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
Intellectual Property Rights
You acknowledge and agree that the Services and Websites of Buddyz are protected under prevailing intellectual property laws including copyright, trade mark, and trade secrets which are the exclusive property of Buddyz. Except as expressly authorized by Buddyz, you agree not to remove, alter, modify, copy, reproduce, distribute or deal otherwise by way of trade any part of the Services or Websites and the underlying intellectual property rights belonging to Buddyz.
Nothing in this Terms of Service or the provision of the Services is to be construed as granting, expressly or by implication, any license or right to use, exploit or deal otherwise in anyway by way of trade any of Buddyz Trade Marks.
The aforementioned does not apply to Contents legally uploaded by the Customers to the Websites. You will retain all ownership rights in the Contents uploaded. You hereby agree to grant, and warrant that you have the right to grant to Buddyz a perpetual, worldwide, non-exclusive, royalty-free licence with a right to sub-license, and transferable license to use, view, reproduce, distribute, or otherwise deal by way of trade of the Contents uploaded by you, on, through or in connection with Buddyz’s Services and Websites.
Third Party Websites
We may provide links or access to other sites and resources on the internet. Buddyz has no control over such sites and resources and Buddyz shall not be responsible or liable for the contents, features, or behaviours of such sites and resources. You further acknowledge and agree that Buddyz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such third party sites or resources. Any dealings with third parties (including the Local Experts) through such links or access are solely between you and the relevant third parties, and Buddyz shall not liable for any loss or claim that you may have against any such third parties.
By accessing the Websites and Services, Customers agree that the Contents, Host Services and services provided by the Host are not within the control of Buddyz.
The Service are provided on an “as is” and “as available” basis. Buddyz expressly disclaims all warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Further, Buddyz makes no warranty that (i) the Services will meet Customers’ requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by Customers through the Services will meet expectations.
Buddyz is thus not responsible for and disclaims any and all liability related to any and all Host Services posted as well as the ensuing services provided by the Host. Any access to the Contents and Host Services of the Host will be made or accepted at the Customer’s own risk.
Limitation of Liability
TO THE FULLEST EXTEND AS PERMITTED BY LAW, IN NO EVENT WILL BUDDYZ, INCLUDING ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITES OR THE SERVICES OR THE SUBJECT MATTER OF THIS TERMS OF SERVICES UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE NOT MORE THAN THE FEES PAID BY YOU FOR THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR ANY CASES ARISING FROM ANY LOSS OF USE OR INABILITY TO USE THE SERVICES; OR (IV) FOR ANY MATTER BEYOND BUDDYZ’S REASONABLE CONTROL.
This Terms of Service shall remain effective and in full force for so long as you remain a Customer or until terminated by Buddyz. You may terminate your use of the Services at any time. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Buddyz may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Buddyz may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Services. Further, you agree that Buddyz shall not be liable to you or any third-party for any termination of your access to the Services or your Account.
All provisions of this Terms of Service which, by their nature, should survive termination, including, without limitation, any warranty disclaimers, and limitation of liability.
You agree that you are solely responsible for your interactions with any other users, Customers or Host in connection with the Services and Buddyz will have no liability or responsibility with respect thereto. Buddyz reserves the right, but has no obligation, to become involved in any way with disputes between you and any other users of the Service.
To the fullest extent permitted by law, you agree to indemnify and hold Buddyz harmless from and against all damages, losses, and expenses of any kind arising as a result of, but not limited to: (I) your breach of this Terms of Service; (II) any activity in which you engage on the Websites or through the Services; and (III) your violation of any law or the rights of a third party.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Buddyz shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Buddyz’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Terms of Services is found to be unenforceable or invalid, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining terms of this Terms of Service which shall remain in full force and effect and enforceable.
Assignment of the Terms of Service
This Terms of Services is not assignable, transferable or sublicensable by you except with Buddyz’s prior written consent. Buddyz may transfer, assign or delegate this Terms of Services and its rights and obligations without your consent.
Both parties agree that this Terms of Services is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understanding relating to the subject matter of this Terms of Services, and that all modifications must be in writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of this Terms of Services and you do not have any authority of any kind to bind Buddyz in any respect whatsoever.
Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
This Terms of Service shall be governed by and construed exclusively in accordance with the laws of Malaysia. Furthermore, you and Buddyz hereby irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.
Questions, Concerns or Suggestions
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.