The BUAL App, which is provided by Neu Node Sdn. Bhd. ("collectively We", "Us", or "NNSB"), provides callers with the ability to make international calls using three (2) different call types, (i) VoIP over WiFi and (ii) Mobile Data (each, an "Option" and, collectively, "Options").
The content and services and any other interactive feature that may be made available to You via this Site (collectively, "Site Materials"), as well as the BUAL App itself, are provided to You pursuant to these Terms & Conditions. Please read these Terms & Conditions carefully before using this Site or downloading the BUAL App to your Smartphone. These Terms & Conditions, as may be revised by Us from time to time, shall at all times govern the Your use of this Site and of the BUAL App.
By downloading the BUAL App and/or accessing the www.bual.asia website (the "Site"), You agree to be bound to these Terms & Conditions as well as the attached BUAL End User License Agreement and Privacy Policy and all exhibits hereto (collectively, the "Terms & Conditions"). If you do not wish to be bound by the Terms & Conditions, You may not download the BUAL App or use this Site. We may modify the Terms & Conditions at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified Terms & Conditions on this Site. You agree to review the Terms & Conditions periodically to be aware of such modifications and Your continued access or use of the BUAL App shall be deemed Your conclusive acceptance of the modified Terms & Conditions.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
1. Definitions
1.1 Documentation. The printed materials, "online" or electronic documentation, packaging and any other materials in any other media or form associated with the BUAL App.
1.2 BUAL App. NNSB’s proprietary BUAL App software application for Smartphones, as well as any future fixes, enhancements, updates and upgrades thereof.
1.3 Smartphone. a mobile phone offering advanced capabilities, including personal computer-like functionality (PC-mobile handset convergence) or a palmtop computer ("PDA").
1.4 You. The end user of the BUAL App or the Site also used in the form "Your" where applicable.
2. Proprietary Rights.
2.1 Service Marks. "NNSB" and the "NNSB and design" are registered service marks of Neu Node Sdn. Bhd.. "BUAL" is a service mark of Neu Node Sdn. Bhd.. All right, title and interest (including but not limited to copyright, patent, trade secret, service mark and all other intellectual property and proprietary rights worldwide) in and to the BUAL App and/or associated or accompanying Documentation (including but not limited to any hardware, software, images, photographs, animations, video, audio, music, and text incorporated into the BUAL App software), are owned by NNSB and are covered by various worldwide patents and patent applications that are the legal property of NNSB. You shall not remove, cover or alter any component of NNSB’s copyright, trademark or other proprietary notices placed upon, embedded in or displayed by the BUAL App software or on the Documentation.
2.2 Patents. This Application is protected by patents in Malaysia under Intellectual Property Corporation of Malaysia. The patents and pending applications that cover the Application can be found at www.myipo.gov.my.
3. License
3.1 Grant of License. Subject to the herein terms, the BUAL App and accompanying Documentation accompanying this Agreement are licensed, not sold, to You by NNSB, on a non-exclusive basis and NNSB reserves all rights not expressly granted to You. The rights granted to You herein are limited to Your license to use the BUAL Apps pursuant to these Terms & Conditions and do not include any other right in any other patents or other intellectual property. You may install and use one copy of the BUAL App on a single Smartphone at a time. You may not download or cause the BUAL App to exist on more than one Smartphone at a time, and you may not make the BUAL App software available over a network where it could be used by multiple devices at the same time. These Terms & Conditions will govern any software upgrades provided by NNSB that replace and/or supplement the original BUAL App software. NNSB may also make improvements and/or changes to the Site, BUAL App or Documentation at any time without notice.
3.2 Use Restrictions. The license granted to You herein is for consumer use only. You may not rent, lease, lend or sublicense the BUAL App. Any reproduction or redistribution of the BUAL App, Site Materials or the Documentation not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties. NNSB reserves the right to prosecute any such violation to the maximum extent possible.
Except as and only to the extent expressly permitted hereunder, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the BUAL App, Site Materials or the Documentation or any portion or component thereof, or permit others to do so, or
defeat any feature or function of the software or permit others to do so, or
rent, lease, sublicense, grant a security interest in, or otherwise transfer rights in the BUAL App, Site Materials or the Documentation, or
remove or modify any proprietary notices or labels in or on the BUAL App, Site Materials or the Documentation.
3.3 Promotional Software or Materials. Notwithstanding any provision contained herein, BUAL App software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
4. Website
4.1 Site Materials. All site materials ("Site Materials"), including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to NNSB and is protected by copyright, trademark, and other intellectual property rights. Site Materials are made available solely for personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of NNSB in each instance. You may only download material intentionally made available for downloading from this Site for Your personal, non-commercial use only, provided that You keep intact any and all copyright and other proprietary notices that may appear on such materials. Information on this Site may contain technical inaccuracies or typographical errors.
4.2 Links. Any links available on this Site will enable You to leave NNSB’s Site. The linked sites are not under the control of NNSB and NNSB is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. It is up to You to take precautions to ensure that whatever You select for Your use is free of viruses, worms, trojan horses and other items of a destructive nature. NNSB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NNSB of the site. Additionally, other logos, trademarks and service marks ("Marks") which appear on this site may be marks of third parties that are not affiliated with NNSB. NNSB and its affiliates do not control or endorse the content of third party websites. in no event will NNSB be liable to any party for any direct, indirect, special or other consequential damages for any use of this Site, or on any other hyper linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if We are expressly advised of the possibility of such damages.
4.3 Downloading Material from this Site. NNSB cannot and does not guarantee or warrant that the files available for downloading from the Site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
5. Disclosures
5.1 Charges & Fees. Any telecommunications charges normally associated with Your mobile telecommunications plan may also be imposed in connection with Your use of the BUAL App. If You use under Mobile Data Option, You may incur data or roaming charges from Your mobile service provider in addition to any other fees associated with Your use of the BUAL App.
5.2 Rates. One (1) minute rounding.
5.3 Expiration. Presently NNSB does not impose any credit expiry period.
6. Refunds
Upon download, the BUAL App is non-refundable, and no refunds or other compensation will be given for unused airtime balances, if any.
7. Availability
The BUAL App is available for use from any location worldwide subject to applicable law. You are solely responsible for complying with all laws and regulations in the legal jurisdiction in which You download and/or use the BUAL App, including local laws, in which You utilize the BUAL App. Notwithstanding the foregoing, You represent that You are not located in, under the control of, and are not a national or resident of any country which the Malaysia or UN has placed an embargo against.
8. Quality of Service
We are not responsible for incomplete, lost, late, damaged, illegible or misdirected mobile or e-mail messages or for any technical problems, malfunctions of any telephone lines, mobile communications systems, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer or mobile transmission or any combination thereof. We are not responsible for any liability for damage to any Smartphone, computer or mobile system resulting from use of the BUAL App or the Site. We assume no responsibility for undeliverable mobile messages or emails in connection with transmissions made utilizing the BUAL App.
9. Privacy Policy
NNSB’s personal information practices on this Site are governed by NNSB’s Privacy Policy which also governs Your use of this Site and of the BUAL App. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of 13.
10. Consent to Use of Data
You agree that NNSB and its affiliated companies may collect and use technical and related information, including but not limited to technical information about or relating to Your Smartphone that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the BUAL App software. NNSB may use this information, as long as it is in a form that does not personally identify You, to improve our products or to provide services or technologies to You.
11. Disclaimer of Warranties
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE BUAL APP, ASSOCIATED HARDWARE AND SOFTWARE, AND THE DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES PROVIDED BY NNSB ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NNSB DOES NOT MAKE WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE BUAL APP, OR THE DOCUMENTATION, OR ANY TRANSACTION PERFORMED THROUGH THE SITE OR THE BUAL APP, AND NNSB SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. NNSB DOES NOT WARRANT THAT THE SITE, THE BUAL APP, OR THE DOCUMENTATION, AS APPLICABLE, WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN SITE, THE BUAL APP, OR THE DOCUMENTATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NNSB OR A NNSB AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
12. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NNSB BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE BUAL APP OR THIS SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NNSB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, IF YOU OBJECT TO ANY OF THESE TERMS & CONDITIONS OR ANY SUBSEQUENT MODIFICATIONS THERETO OR BECOMES DISSATISFIED WITH THE BUAL APP IN ANY WAY, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE USE OF THE BUAL APP. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, OR RESPONSIBLE FOR ANY CHARGES INCURRED FOR THE TERMINATION OF SERVICES YOU OBTAIN FROM ANY THIRD-PARTY PROVIDERS. IN NO EVENT SHALL NNSB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TWO-HUNDRED RINGGIT (MYR200.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Third-Party Vendors
Notwithstanding any other provision herein, You acknowledge that the BUAL App's ability to perform as intended is dependent upon the availability of equipment and services from third-party vendors (collectively, the "Vendors") with whom NNSB and/or You have contracted for the provision of underlying telecommunications services and agree that NNSB shall not be in breach of any obligations to You hereunder, if the BUAL App is unable to properly perform by reason of the breach or other failure by any such Vendor to perform its obligations to NNSB or to You in accordance with the terms of such Vendor's agreement with NNSB or You.
14. Force Majeure
NNSB shall not be responsible for any delay or failure in performance that results from causes beyond its reasonable control ("Force Majeure Events"), whether or not foreseeable by such party. Such Force Majeure Events include, but are not limited to, adverse weather conditions, flood, fire, explosion, earthquake, volcanic action, power failure, embargo, boycott, war, revolution, civil commotion, act of public enemies, labor unrest (including, but not limited to, strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain equipment, parts, software or repairs thereof, acts or omissions of the other party, and acts of God.
15. Indemnification
You agree to indemnify, defend and hold NNSB, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party providers of the BUAL Apps or any component thereof or of the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms & Conditions or any applicable law, rule, or regulation by You or Your infringement of any party's intellectual property rights. The provisions of this paragraph are for the benefit of NNSB and its officers, directors, employees, agents, and shareholders, as well as licensors and suppliers of the BUAL App and this Site. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against You on its own behalf. This Section 15 shall survive termination of these Terms & Conditions.
16. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the Malaysian Communications & Multimedia Commission. You agree that in any legal action or proceeding between You and NNSB for any purpose concerning this Agreement, You agree to submit to exclusive jurisdiction in Malaysia and You expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, BUAL App or Documentation must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES TRIAL BY COURT IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY YOU IN ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SUBJECT MATTER HEREOF, THE RELATIONSHIP OF THE PARTIES, AND/OR ANY CLAIM OR DAMAGE RELATED THERETO.
17. Termination
The Terms & Conditions are effective until terminated. This Agreement may be terminated by either party without notice at any time for any reason; provided that You may no longer use the Site or the BUAL App. Your rights under the Terms & Conditions will terminate automatically without notice from NNSB if you fail to comply with any of the Terms & Conditions. All provisions of the Terms & Conditions that by their nature are intend to survive the termination of these Terms & Conditions shall so survive.
18. No Third Party Beneficiaries
No provision of these Terms & Conditions provide any person or entity not a party to these Terms & Conditions with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
19. Export
You may not export or re-export of the BUAL App to any destination requiring such a license. Agent acknowledges that the Service may be exported or re-exported to the country to which the Malaysia prohibits the export of goods, technology or products, or to nationals of those countries wherever located.
20. Miscellaneous
This Agreement constitutes the entire agreement between the parties with respect to the use of the BUAL Apps and Documentation licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. NNSB may assign its rights and duties under this Agreement to any party at any time without notice to you. No amendment to or modification of this Agreement will be binding unless expressly intended to do so by NNSB. If any provision of the Terms & Conditions is determined by an arbitrator or court of competent jurisdiction to be contrary to applicable law, then such provision shall be construed as nearly as possible to conform to applicable law and the other provisions of this Agreement shall remain in full force and effect. NNSB at any time and from time to time may assign its rights and delegate its duties under these Terms & Conditions without Your prior consent. NNSB’s failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NNSB in writing. Neither the course of conduct between the parties not trade practice shall act to modify any provision of these Terms & Conditions. The section titles in these Terms & Conditions are solely used for the convenience of the parties and have no legal or contractual significance.
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