Bual (“Bual”) is provided by BUAL DOTASIA SDN BHD (1153535-P. These terms and conditions and any applicable terms linked to Bual (collectively “Terms of Service”, as amended from time to time) shall govern your access to and/or use of Bual.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOU SHOULD NOT REGISTER FOR BUAL AND/OR YOU SHOULD IMMEDIATELY CEASE YOUR ACCESS TO AND/OR USE OF BUAL IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS. BY CREATING AN ACCOUNT AND/OR INSTALLING THE SOFTWARE OR APP, YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN. YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER FOR BUAL AND TO USE BUAL OR HAVE OTHERWISE OBTAINED YOUR PARENT OR LEGAL GUARDIAN’S CONSENT TO DO SO AND SUCH PARENT OR LEGAL GUARDIANS DEEMED TO HAVE AGREED TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN.
For the purposes of these Terms of Service, “you” (and derivatives or variants of the term) when used herein refers to the party who sets up an account with Bual for Bual but shall include, where applicable or the context so demands, your directors, officers, employees, representatives, agents and/or Users. “Users” includes all parties who install, use and/or access Bual under your account from any device through Bual website (“Website”), Bual mobile application (“App”) and/or Bual software and network (“Software”). “We” (and derivatives or variants of the term) refers to Bual and includes, where applicable or the context so demands, its directors, officers, employees, representatives and/or partners.
By installing, registering, accessing and/or using Bual, you represent that:-
You agree to the following terms at all times in connection with your access to and/or use of Bual:-
In the event of any misuse of Bual under your account or a breach of any of the foregoing, you agree that we may at our absolute discretion forthwith suspend or terminate your access to or use of Bual or any part thereof without notice and any liability to you and any payment of fees for Bual shall not be refundable.
You agree and undertake to be responsible and liable for all Users deriving under your account, whether authorised by you or otherwise, and will keep us fully indemnified against any claims or liabilities whatsoever arising from any default, acts and/or omissions by all Users.
You acknowledge and accept that Bual is not intended to support or carry emergency calls to any kind of emergency services. You shall ensure that you have additional or other arrangements, whether through general wireless, fixedline communications or other provisions, to access such services. We will not be liable to you or any party for any claim, damages or loss arising from or relating to an inability to use Bual to contact emergency services.
You agree that the phone number chosen by you (otherwise known as DID or Direct Inward Dialing number/line) under a Bual Plan and all rights associated therewith are contractual. DID numbers shall at all times remain the property of Bual. Nothing in these Terms of Service shall have the effect of granting to you any ownership or proprietary rights in the DID numbers. We have the right to re-assign a DID number upon termination of Bual between us, in the event that a number has an “inactive” status in excess of such period as we may determine, and/or in such circumstances as we may reasonably deem necessary.
Without prejudice to any other rights or remedies we may have, You agree that we may at our absolute discretion without liability to you, with or without prior notice, modify, suspend or terminate your access to or use of Bual or any part thereof, for causes including but not limited to the following:
The fees and charges for Bual are stated exclusive of taxes, duties or other levies which may be lawfully due. You will be responsible for all charges, fees, taxes and other payments incurred for Bual under your account and/or to be lawfully borne by you, including without limitation sales and service tax, stamp duty, bank charges and any increases in fees, charges, taxes and levies from time to time. You undertake to pay all sums due in a timely manner.
The recurring fees for your Bual Plan is payable on a monthly basis in advance. All other charges or fees as may be incurred by you shall be billed at the end of your current billing cycle.
Where you have provided us with details of your credit/debit card, Stripe or other payment method, you hereby expressly authorise us to charge or deduct such fees and charges as may be incurred by you for Bual from your credit/debit card, Stripe or other payment method set up by you, as and when they fall due. Should you change or cancel your credit/debit card or applicable payment medium without informing us, we may suspend Bual to you without notice and we shall not be liable for any inconvenience, loss or damages you may suffer. Bual further reserves the right in its sole discretion to refuse, from time to time, to accept payment through specific credit/debit card issuers or payment methods as we may determine.
Payment sums, service items and other transaction information made available to you via Bual account dashboard are final and conclusive. You should notify us in writing within no more than fourteen (14) days of the occurrence in the event of any irregularities. We are under no obligations whatsoever to effect any charge-back, reversal, adjustment or credit to your account unless our investigations reveal a default or omission on our part or manifest error attributable to our service.
We may take such legal or other action as we deem necessary against you to recover any outstanding sums due to us. In the event of any late payment, we will also be entitled to suspend Bual to you without notice, in addition to other rights we may have.
We may suspend your account after 14 days of your non-payment. If Bual service is suspended due to your overdue account or other causes attributable to you, Bual shall not be responsible for any inconvenience, loss or damages whatsoever that you may suffer. We reserve the right to impose a re-connection fee for any reactivation of Service.
If any overdue payment is not settled within forty-one (41) days after your account is suspended or after a discontinuation of Bual and business by us due to your non-payment, we will terminate your account without any advance notice to you, and Bual shall not be responsible for any inconvenience, loss or damages whatsoever that you may suffer.
We reserve the right to investigate and categorise any account as fraudulent, resulting in immediate suspension and/or termination of Bual service to you and any payment of fees made by you to us will be refundable. The refundable is only applicable on the first signup of Bual service.
Your Bual Plan subscription will automatically renew on a month-by-month basis until and unless terminated in accordance with the terms hereof.
We deserve to terminate your Bual Plan subscription if you fail to renew your subscription within 2 months.
You may terminate Bual at any time without cause by issuance of no less than 30 days’ written notice; failing which the next month’s subscription fee will be charged and payable. We may forthwith terminate Bual by notice in email to you without liability in the event of causes including without limitation your insolvency, or where any underlying right, contract or approval necessary for the provision of Bual is revoked or ceases to be valid for any reason whatsoever.
Upon termination of Bual for whatsoever reason:
Payments of fees referred to in these terms and conditions shall not be refundable. We reserve every right to determine in what circumstance such refund may be made to you at our absolute discretion.
BUAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE, APP, SOFTWARE, CONNECTIVITY OR ANY FEATURE OF BUAL SHALL BE FIT FOR ANY PARTICULAR PURPOSE, ACCURATE, UP-TO-DATE, ERROR-FREE, SECURE, RELIABLE AT ALL TIMES OR AVAILABLE AT ALL LOCATIONS, OR THAT BUAL IS OF A PARTICULAR QUALITY OR YOUR USE OF BUAL WILL PRODUCE CERTAIN RESULTS. YOU ARE AWARE AND ACKNOWLEDGE THAT BUAL RELIES ON THIRD PARTY TECHNOLOGIES AND FACILITIES THAT ARE NOT WITHIN OUR CONTROL. YOU ARE ALSO AWARE OF THE LIMITATIONS AND CHARACTERISTICS OF BUAL AND WIRELESS NETWORKS AND THAT DATA MAY BE CORRUPTED, DIVERTED, DELAYED OR LOST DESPITE SECURITY AND OTHER MEASURES TAKEN BY US. YOU AGREE NOT TO HOLD US LIABLE FOR ANY SUCH OCCURENCES, INCIDENTS OR OTHER PERFORMANCE/OPERATIONS FAILURES OR INTERRUPTIONS.
YOU EXPRESSLY AGREE THAT USE OF BUAL IS AT YOUR SOLE RISK. YOU WILL RELY ON YOUR OWN REVIEW AND EVALUATION OF BUAL TO ASSESS ITS RELIABILITY AND/OR SUITABILITY FOR YOUR PARTICULAR PURPOSE. YOU ACCEPT THAT YOUR SOLE REMEDY AGAINST US IN THE EVENT OF DISSATISFACTION IS TO CEASE USING BUAL.
Bual, its directors, officers, employees, representatives, and its holding, subsidiary and affiliated companies, shall not be held liable to you or any third party for any liability, loss or damages whatsoever arising out of your use or inability to use Bual, for: (i) any indirect, consequential, exemplary, special or incidental damages (including without limitation loss or corruption of data, pecuniary loss, computer failure and interruptions, damage to property, injury to persons or death); (ii) any loss of profits, income, business or opportunities (whether direct or indirect); (iii) any loss or damage which may be incurred as a result of quality, disruptions or a delay in Bual; (iv) any release of new App or Software versions, removal of features or other modifications to Bual; and/or (v) any loss or damage arising from suspension or termination of Bual for any reason. Your acceptance of this limitation is an essential term of use of Bual and you acknowledge that we would not have otherwise agreed to provide Bual to you without your agreement to this term.
If, notwithstanding the foregoing, we are held liable by a competent body for whatsoever reason, you agree that our total liability to you for any damages or loss in connection with Bual shall in no event exceed a sum representing the total subscription or fees and charges paid by you to us for Bual in the last immediate preceding three (3) months prior to the dispute. You agree that if any part of this clause is deemed inapplicable for any reason, all other parts or provisions hereof will continue to apply to their fullest intent and extent possible.
You agree to indemnify Bual including its directors, officers and employees, representatives and its holding, subsidiary and affiliated companies, to the fullest extent possible, from and against all liabilities, costs, demands or claims whatsoever, including reasonable legal fees, which may be incurred or made by any party in connection with or arising from your or your Users’:
You should assume that all systems, network, software and hardware in connection with Bual, Website, App and Software including the graphics, logos, text, photographs, user interfaces, sounds, music, design, “look and feel”, and the expression and arrangement of content, is owned, controlled by or licensed to Bual and/or protected by copyright, trademark or other intellectual property rights.
Save as expressly provided in the Terms of Service, no licence or right is granted to you by implication, estoppel or otherwise and you may not use, copy, reproduce, sublicense, transmit or distribute any component of Bual without our prior written consent.
You undertake that you will not reverse engineer, decompile, disassemble or translate any portion of the Software, App or Website or any part thereof, or attempt in any way to discover, derive or reconstruct any source code, schema or algorithms of thereof by any means whatsoever.
You agree to our Privacy Notice incorporated herein by reference and accept that it forms an essential and integral part of these Terms of Service. The Privacy Notice sets out how we may collect, process, store and use the data we have of you.
You represent and warrant that the information provided to us when registering for Bual is true, accurate, current and complete. In the event that you have provided us with personal data of any other persons or party for the purposes of Bual, you represent and warrant that you have all necessary consents from such parties, shall continue to maintain such consents as required, and shall be responsible for having provided us such data.
You consent to our use of the personal data in accordance with the terms of our Privacy Notice and prevailing privacy policies. You agree that by registering an account with us and/or using Bual, you have authorised and consented to the personal data being transferred, disclosed to and/or processed by such third parties as may be necessary for the purposes of providing Bual to you. You understand and accept that anonymous usage and quality statistics obtained from the use of Bual by you and your Users may be stored, monitored and analysed by us and our partner.
You accept that we may be required to revise our Privacy Notice or policy from time to time. All revisions will be notified through our Website and/or App. Your continued use of Bual shall mean that you have agreed and consented to our Privacy Notice and policy as revised.
These Terms of Service constitutes the entire agreement between us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to Bual.
We reserve the right to amend, add or remove any provisions under these Terms of Service at any time as we deem necessary. Changes shall become effective immediately upon upload and publication on our Website and/or App. Your continued use of Bual shall constitute your acceptance of the prevailing Terms of Service, including any term which may have been amended from time to time. You are responsible to regularly check these Terms of Service for updates or amendments.
If any provision of these Terms of Service or any part of such provision is found by any court to be invalid, void or unenforceable under any applicable law, then such provision shall be excluded or deleted from these Terms of Service to the limited extent necessary without affecting the validity and enforceability of the remaining provisions which shall continue to apply to the fullest extent.
Our failure to enforce or insist on strict performance of any of these Terms of Service shall not be construed as a waiver of any provision or right herein unless such waiver is made in writing to you, nor shall any course of conduct between us or any other party be deemed to modify any provision of these Terms of Service.
The provisions herein that by their sense, nature and context, are intended to survive performance by either party or both parties shall survive the expiry or termination of these Terms of Service and continue in full force and effect including without limitation provisions as to liabilities, indemnities, warranties, personal data protection and intellectual property rights.
We reserve the right to reference you as a customer or user of Bual in our Website, App and customer lists, and you hereby expressly authorise us to use your business name and logo for this limited purpose.
These Terms of Service may not be construed or interpreted to confer any rights or remedies on any third parties.
These Terms of Service shall be binding on your successors-in-title and permitted assigns.
In the event of a dispute between the English and non-English versions of these Terms of Service, the English version shall be the prevailing and governing version.
Bual is allowed to assign, transfer, subcontract and/or novate its rights or obligations under these Terms of Service as it deems fit or necessary. You will not assign, transfer, subcontract or novate any of your rights or obligations under these Terms of Service without our prior written consent.
These Terms of Service are governed by the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the courts of Malaysia.
