This Terms of Use agreement is effective as of 1 April 2016. WELCOME TO Bumbung.

PLEASE READ THE FOLLOWING TERMS OF USE THOROUGHLY AND CAREFULLY.

  1. ACCEPTANCE
  2. By using and / or browsing the Website, you agree that you have read, understood and agree to be bound by these Terms of Use.

    If you do not agree with these Terms of Use, in whole or in part, please discontinue using and / or browsing our Website immediately.

    PEPITE TECHNOLOGY SDN BHD (1142810-D) is a company incorporated under Malaysian law (operating under the fully owned name of Bumbung, Bumbung KL, Bumbung.co), (“we” or “us”), owning and operating the Website.

    These Terms of Use shall be deemed to include our Privacy Policy and any Additional Policies. We may assign or change any part or parts of our rights under these Terms of Use without your consent or prior notification. The Terms of Use and Privacy Policy constitute a legally-binding agreement between us and you.

  3. DEFINITIONS
    1. “Account” means a registered account which you may be required to create if you wish to access and utilise the full facilities and features of the Website, whether as a User or Professional;
    2. “Additional Policies” means any and all other operating rules, policies, and / or guidelines in addition to the Terms of Use, that may govern the use of the Website and which is made known to you from time to time;
    3. “Data” is defined in Clause 14.1;
    4. “Bumbung Service” means the facility provided by the Website including but not limited to (i) accepting User requests and routing them to Professionals; (ii) facilitating Professionals to render property quotations or listings to Users; (iii) facilitating Users and Professionals to make contact; (iv) maintaining profiles for Professionals; and (v) any other ancillary or related services;
    5. “Marks” is defined in Clause 14.1;
    6. “Password” means the password which you may be required to create, provide and use in order to create and use an Account;
    7. “Service” means the professional service offered and / or to be rendered by the Professional in the course of his business to a User;
    8. “ User” means any individual or company that has (i) used or browsed the Website; and / or (ii) submitted a request for services offered by Professionals, via the Website, in order to receive property quotations, regardless of whether such User ultimately accept or not the Services offered by a Professional via the Website;
    9. “ Professional” means any registered real estate negotiator, individual or company, that has signed up to offer their Service to the general public and to Users via the Website;
    10. “Submitted Content” is defined in Clause 7.1;
    11. “Terms of Use” refer to these Terms of Use, Privacy Policy and any Additional Policies as may be modified from time to time;
    12. “User”, “prospect”, “lead”, "you" and "your", as applicable, means a person who accesses, uses, and/or participates in the Website in any manner, whether as a User or Professional; and
    13. “Website” means (i) the websites bearing the following domains: www.Bumbungkl.com, www.Bumbung.asia, www.bumbung.co, and any other related microsites and / or mobile or web applications owned and operated by Bumbung which may or may not be of similar names; and (ii) any related or ancillary facilities or functions such as e-mails, SMS, newsletters, notifications or other communication or content.
  4. FUNCTION
  5. You acknowledge that the Website function is an online platform for Users to connect with Professionals for the purposes of transacting to respectively receive and provide Property Related Services. Bumbung is not itself a Professional or a User.

  6. REPRESENTATION
  7. By using or participating in the Website, you represent, warrant and undertake that:

    1. you are at least eighteen (18) years of age;
    2. you are or intend to be either a Professional or User;
    3. you have the authority to enter into and accept these Terms of Use;
    4. all registration or other information that you are required to submit in order to gain full use of this Website for your intended purpose as a Professional or User is true and accurate and that you will maintain the accuracy of such information;
    5. your use of the Website and Services offered through this Website do not violate any applicable law or regulation which you are subject to; and
    6. you agree to make payment, if required, for any Services requested through the use of the Website (if any)
  8. LICENSE TO ACCESS
  9. Bumbung hereby grants you a non-exclusive, revocable license to use the Website as set forth in these Terms of Use, provided however that:

    1. you will not copy, distribute, or make derivative works of the Website in any medium without Bumbung's prior written consent;
    2. you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and
    3. you will otherwise act in accordance with these Terms of Use and with all applicable laws.
  10. ACCOUNT
    1. Upon creating an account with us, you must provide accurate information, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of the account on our Service.
    2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
    3. Do not disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
    4. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
    5. For those not creating accounts themselves: By signing up for any service via Bumbung, you agree that an account is automatically created for you.
    6. When an account is created, you have provided us with your email address. We use your email address to keep you updated with your inquiry, or with products, services, features, etc. You will receive notifications either manually or electronically through your email address or any contact info you provided us. You will also receive product updates, recommendations, special announcements from Bumbung.co. You can always stop these emails by clicking on the unsubscribe link found on every email we send you or by emailing us at admin@bumbung.co. We respect your privacy and will never rent or sell your email address to external marketing companies.
    7. In addition and in connection with the use of your Account, you acknowledge and agree that:
      1. You will not copy or distribute any part of the Website in any medium without Bumbung's prior written authorisation;
      2. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
      3. You will provide accurate and complete information when creating your Account;
      4. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Bumbung's prior written approval;
      5. You shall not in any manual or automated manner collect Professionals or Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site;
      6. You shall not in any way that transmits more request messages to the Bumbung servers, or any server of a Bumbung subsidiary or affIliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Bumbung reserves the right to revoke these exceptions either generally or in specific cases;
      7. You shall not recruit, solicit, or contact via any medium, any Professionals or Users for employment or contracting for a business not affiliated with Bumbung without prior, written authorisation from Bumbung;
      8. You shall not take any action that (i) unreasonably encumbers or, in Bumbung's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Bumbung's measures that are used to prevent or restrict access to the Website; and
      9. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
  11. SUBMITTED CONTENT
    1. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
    2. You represent and warrant that you have obtained appropriate government mandated licenses, permits, compliance etc., in relation to real estate regulations in Malaysia. You are solely liable for obtaining the above mentioned in item, and you hold Bumbung (Pepite Technology Sdn Bhd) free from any third party claims arising from posting, linking, storing, sharing the content through Bumbung including all pertinent information.
    3. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website including but not limited to (i) your profile; (ii) the posting of your Service; (iii) the posting of your desired Service; or (iv) the posting of any opinions or reviews in connection with the Website, the Service, the Professional, or the User (collectively referred to as "Submitted Content") that
      1. misrepresents the source of anything you post, including impersonation of another individual or entity of any false or inaccurate biographical information for any Professionals, provides or create links to external sites that violate this Terms of Use, is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;
      2. invades anyone's privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;
      3. contains falsehoods or misrepresentations that could damage Bumbung or any third party;
      4. is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
      5. is in whole or part copyrighted, protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Bumbung all of the license rights granted therein;
      6. is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;
      7. intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers through any means;
      8. advertises or solicits a business not related to or appropriate for the Website (as determined by Bumbung in its sole discretion);
      9. contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
      10. contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
      11. distributes or contains viruses or any other technologies that may harm Bumbung, or the interests or property of Bumbung users;
      12. contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;
      13. is non-local or irrelevant content; or
      14. contains identical content to other open Postings you have already posted, or uses any form of automated device or computer programme that enables the submission of Postings without the express written consent of Bumbung.

    4. You will not send messages to other users whom you have made contact with via or through the Website containing:
      1. offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
      2. unsolicited advertising or marketing of a service that is (i) not offered on the Website; or (ii) is offered on an external website.

      While using the Website, you shall not:

      1. post content or items in any inappropriate category or areas on the Website;
      2. violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
      3. fail to deliver payment for Services purchased by you unless a clear typographical error is made;
      4. fail to perform Services purchased from you, unless the User fails to materially meet the terms of the mutually agreed upon;
      5. circumvent or manipulate any fee structure or billing process that we may have or implement;
      6. post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
      7. take any action that may undermine any feature that Bumbung has or may come up with for the purposes of the Website; or
      8. leave any untrue or inappropriate feedback about a Professional and you shall at all times use careful and good judgment in leaving any feedback

      You are solely and fully responsible for your own Submitted Content and the consequences of posting or publishing it. You hereby affirm, represent, and/or warrant that:

      1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize Bumbung to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;
      2. you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person; and
      3. you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.

      You retain all of your ownership rights in your Submitted Content. You hereby grant, and you represent and warrant that you have the right to grant to Bumbung a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and Bumbung’s (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website (and any derivative works in any media formats and through any media channels).

      You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to read and use, such Submitted Content as permitted through the functionality of the Website and under these Terms of Use.

  12. DISCLAIMERS
    1. Bumbung does not endorse any Submitted Content or any opinion, recommendation, or advice provided by any users and Bumbung expressly disclaims any and all liability in connection with all Submitted Content.
    2. Bumbung does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Bumbung will remove any Data or Submitted Content in its sole discretion, upon being notified or having reason to believe that an infringement has occurred, without prior notice to a user who has or is suspected to have conducted such infringement. Bumbung may take any action or steps it deems fit in its sole discretion against such infringer.
    3. Bumbung reserves the right in its sole and absolute discretion to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.
    4. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content:
      1. from a variety of sources and that Bumbung is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content; and
      2. that is or may be inaccurate, offensive, indecent, or objectionable, and you agree to and hereby waive any legal or equitable rights or remedies you have or may have against Bumbung, and agree to indemnify and hold Bumbung, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

    5. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Bumbung may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
  13. PROFESSIONAL
    1. If you are an individual using the Website and / or have register for an Account as a Professional, you represent and warrant that you have the authority to bind the individual and / or company that is responsible for and operates the business as a Professional and your acceptance of the Terms of Use will be deemed an acceptance by that Professional.
    2. By signing up, registering or creating an Account on the Website as a Professional, you agree and undertake to comply with any requests for information which we may make for the purpose of verifying the legality, legitimacy, conduct and proper establishment of your (i) business, company or operations; and / or (ii) provision of your Service.
    3. Professionals shall not:
      1. list a property on the Website which they do not offer or that is irrelevant to or inappropriate for the Service they are offering;
      2. use misleading titles, words or phrases that do not accurately describe the Listing;
      3. use misleading titles, words or phrases that do not accurately describe the Service they provide;
      4. include third party brand names or other inappropriate keywords in their Profile, title or any posting, messages or submission made in or through the Website;
      5. include any information in their Profile that is fraudulent or otherwise incorrect;
      6. do anything to circumvent or avoid any fees that Bumbung may charge;
      7. conduct fraud or misconduct on any promotions or partnerships which Bumbung may conduct;
      8. use their Profile or the Website for promoting (i) products or goods; (ii) Services which are not offered by the Professional through the Website; (iii) Services which are not a recognised category on the Website; (iv) any website, service, product, party or anything not directly related to their Service or otherwise prohibited by Bumbung in its sole discretion from time to time; or (iv) any services that may be prohibited under law;
      9. solicit Users or any person to pay or do anything not specifically permitted by these Terms of Use or by Bumbung as it may in its sole discretion determine from time to time;
      10. offer or solicit any Service or do anything that contravenes these Terms of Use, the Privacy Policy or any laws.
  14. PROPERTY LISTING RULES
  15. A few reminders and rules when posting a unit:

    1. We DO NOT accept pre-selling properties, ONLY ready for occupancy (RFO) ones that have either been bought from a developer or have been constructed by a person for sale or rent.
    2. If you are posting more than one (1) unit, please create one listing per unit. DO NOT upload all your units in one (1) post.
    3. Photos that have watermarks, phone numbers, website URLs, email addresses, or in collage format will be removed.
    4. Horizontal/landscape images display best and are recommended. Vertical/portrait images and panoramic images are accepted but not recommended as they do not take full advantage of the space provided.
    5. We require a minimum of three (3) distinct photos (2 internal and 1 external photos) that pertain to the actual property being posted. The higher the quality of the photos, the better it is for your listing (minimum file size of 800kb ;maximum file size of 15 MB per photo). DO NOT duplicate photos please.
    6. Computer drawings or artist renders for the properties are NOT ALLOWED. We do ALLOW floor plans of the property as long as it is accompanied with actual photos of the property's interiors and facade.
    7. We reserve the right to edit or remove information or content posted by you.
    8. We will not pay you or otherwise compensate you for consent you posted.
    9. You shall take full responsible for all actions taken or content posted through your Bumbung account.
    10. For photos and content you provide to us or in connection with Bumbung.co. you grant Bumbung.co a royalty-free, permanent, worldwide license to do the following, nonexclusively: (a) to use, reproduce, distribute, display, modify and edit these materials, and also (b) to sub-license these rights to the maximum extent allowed by law.
    11. We reserve the right to remove any listing, photograph or Content posted by you without notice to you.
    12. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the rights to suspend or terminate your account and refuse any and all current or future use of Bumbung.co.
    13. We reserve the right to exercise sole discretion in making a final decision on whether a listing violates Bumbung.co’s rules and principles.
  16. CREDITS AND PACKAGES RULES
    1. All Packages are valid for 12 months from its date of purchase.
    2. Package may comprise credits for rent lead or buy lead or any combination of the aforesaid as set out in our Website.
    3. Packages purchased are not refundable under any circumstances and cannot be exchanged with cash.
    4. No Package shall be exchange for another Package during the validity period of the first-mentioned Package.
    5. Every reasonable effort will be made to provide the Packages as published.. We do, however, reserve the right to alter the Package as reasonably necessary or substitute any element of it for a suitable equivalent.
    6. We reserve the right to change the Price at any time before purchase.
    7. The revised Packages will be published on website shall take immediate effect.
    8. Unless an item is specifically referred to as included within a Package you should assume that it is not included in the Package and you should make your own arrangements to purchase such item should you wish to do so.
    9. We reserve the right to cancel or withdraw any part of any Package at any time. If we elect to cancel or withdraw any element of the Package we will contact you using the details provided when you booked the Package. You shall not be entitled to any compensation from Bumbung.co as a result of such changes.
    10. All Credits shall only be valid for the period of one year (365 days), after which all Credits shall forthwith be suspended (hereinafter referred to as "Suspended Credits"). You will not be able to conduct any transaction in relation to services offered in Bumbung.co using the Suspended Credits unless and until the Suspended Credits are reactivated in accordance with Clause 8. herein below.
    11. If you decide to purchase fresh Credits within a grace period of thirty (30) days from the expiry date ("grace period"), the Suspended Credits shall be reactivated and shall accordingly become valid tender to conduct any transaction in relation to services offered in Bumbung.co. If the Suspended Credits were not activated within the grace period, the Suspended Credits shall forthwith be forfeited and shall no longer be valid tender for any transaction in relation to services offered in Bumbung.co.
    12. Credits which are duly forfeited pursuant to the terms and conditions shall remain the property of the Company and You hereby agrees that you shall have no claim whatsoever in relation to or in connection with such forfeited Credits or the monies paid thereunder and further agrees to indemnify the Company for any loss, cost and expenses suffered or incurred by the Company in connection with any such claim.
  17. REFUND POLICY
    1. Unless otherwise specified herein, there shall be no refund of any fees paid.
    2. Refund request over unqualified leads only under such circumstances:
      1. User provides invalid contact no (no. does not exist) but not in the case whereby user refuse to meet up for a viewing.
      2. User provides incomplete personal information (e.g.: user will need to provide his or her age, nationality and household size. While the rest of the information shall be taken as additional information provided by user).
      3. In the event of refund, such refund shall be made in the form of credits to your Bumbung Agent account.
  18. MONEY BACK GUARANTEE POLICY
  19. The policy automatically applies to those packages which have been bought online or on-ground and only after a minimum of 50 published listings in your account at all times, provided that you fulfilled the rule and policy for the unit postings. If you do not have any leads within SIX (6) months duration upon completing the 50 published listings,you will be eligible to request for full refund..

    Terms of Activation:

    1. Period begins after the user have uploaded a minimum of 50 listings.
      • Example: If Agent have completed the 50 approved listings, the Guarantee applies from the day the 50th listing has been approved for the next 6 months.

    The refund request will be processed and money will be reimburse to your bank account within TWO (2) weeks.

  20. USERS
    1. Users shall not:
      1. commit to using a Service with no intention of using for such Service;
      2. sign up, request for, use, or otherwise solicit a Service (i) with no genuine intention as at the time of such conduct of following through with your use of the Service; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes or general surveying; or (iii) any other non-personal use;
      3. request for or agree to purchase a Service when (i) you know, have reason to believe or have been put on notice that you do not meet the Professional's terms; or (ii) with the intention of causing disruption, committing fraud or other tortious or illegal purpose.

    2. As a User, you are encouraged to exercise reasonable and independent judgement, discretion and care in engaging a viewing with a Professional.
    3. Without prejudice to the Privacy Policy, Users acknowledge and agree that Bumbung does not guarantee any confidentiality with respect to any Submitted Content by Users, including without limitation, your Profile or information conveyed, posted or shared by you, that is hosted and / or published on the Website.
    4. All Users from Bumbung will go through a series of verification. Based on his request, the User will be required to fill in all information pertaining to their property search as complete as possible at the time of writing. Bumbung platform has a failsafe to verify the phone number via a SMS code to ensure contact information are legitimate. Our operator will proceed to verify these information via a phone call or text to the User to confirm submission during any hour of a working day before approving it to be sent to our system to match with Professionals. User who fail to comply will not be approved to proceed with matching. For any reasons that the User is deemed unauthentic or fake, the Professional will have to first report it to our admin via email agents@bumbung.co or via chat support on bumbung.co. A case will be created to investigate into the matter before Bumbung decides to take action.
  21. MODIFICATION OF TERM OF USE OR PRIVACY POLICY
  22. Bumbung reserves the right, in its sole discretion, to change, modify or otherwise amend the Terms of Use and any other documents incorporated by reference at any time. It is your responsibility to review the Terms of Use for any changes. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

  23. TERMINATION
    1. Bumbung reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice and in its sole discretion. You agree that Bumbung shall not be liable to you or to any third party for any modification, suspension or discontinuance of Bumbung’s services.
    2. You hereby acknowledge and agree that Bumbung in its sole and absolute discretion has the right but not the obligation to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website or any part thereof, or remove and discard any Submitted Content on the Website immediately and without notice and for any reason which is may but is not obliged to disclose.
    3. Upon termination of your Account, your right to participate in the Website in any way shall automatically terminate.
    4. Upon termination the following shall occur:
      1. your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. However, such residual data may remain in the Bumbung system;
      2. all licenses granted to you will immediately terminate;
      3. Bumbung shall not be liable to you or any third party for any termination of your access to the Website. Bumbung retains the right to use any data collected from your use of the Website; and
      4. all related licenses you have granted Bumbung hereunder shall remain in effect for the foregoing purpose. In no event is Bumbung obligated to return any Submitted Content to you. All terms and conditions and rights in favour of Bumbung survive termination and remain in the full benefit of Bumbung.

    5. You agree to indemnify and hold Bumbung, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination.
  24. INTELLECTUAL PROPERTY RIGHTS
    1. The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Bumbung, subject to copyright and other intellectual property rights under Malaysian laws, other applicable laws and international conventions. Such Data and / or Marks are or may become protected by copyright, trademark, patent, trade secret and other laws, and Bumbung owns and retains all rights in such Data and Marks. All other trademarks, names and logos on this Website are the property of their respective owners.
    2. Data on the Website is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
    3. Bumbung reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
  25. DISPUTES
    1. Your interactions with other users, whether individuals, companies and/or organizations and whether Professional or Users, found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such third party or user. You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third party or user for any purpose whatsoever.
    2. You understand and acknowledge that deciding whether to:
      1. use the Services of a Professional
      2. provide Services to a User; or
      3. use information contained in any Submitted Content

      is your personal decision, for which you alone are responsible. You understand that Bumbung does not and cannot make representations as to the suitability of any user you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any user.

    3. In the event of any dispute between you and a User, Professional or any other third party or user in relation to the Website, such dispute shall be resolved between you and such User, Professional or any third party or user, and Bumbung shall not have or hold any responsibility, liability or obligation in relation thereof.
    4. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT Bumbung SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN USERS ON THE WEBSITE, OR BETWEEN USERS AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT Bumbung IS UNDER NO OBLIGATION TO BE INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE Bumbung, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.
  26. ADVERTISEMENT
    1. Aspects of the Website and other Bumbung services may be supported by advertising revenue. As such, Bumbung may display advertisements and promotions on the service. The manner, mode and extent of advertising by Bumbung on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Bumbung of any advertised products or services. You agree that Bumbung shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
    2. The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. You acknowledge and agree that Bumbung is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be Bumbung's endorsement of such third-party sites or any product or service offered through them.
    3. We do not monitor or have any control over, and make no claim or representation regarding third party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a thirdparty website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website.
    4. You further acknowledge and agree that Bumbung 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 such content, advertising, product, goods or services available on or through any such website or resource. Once you leave our Website, these Terms and Conditions no longer govern you and you are advised to check the terms and conditions of those websites. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Website, and you accept all responsibility thereof. Your dealings and communications through the Website with any party other than Bumbung are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
  27. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITIES
    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. Bumbung, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO WARRANTIES AND/OR REPRESENTATIONS AND DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND/OR CONDITIONS WHETHER EXPRESS OR IMPLIED ARISING OR RESULTING FROM OR UNDER AND IN CONNECTION WITH THE WEBSITE AND FROM YOUR USE OR INABILITY TO USE THEREOF INCLUDING BUT NOT LIMITED TO:-
      1. THE ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED OR ERROR-FREE SERVICE OR OPERATION, CONTINUITY AND AVAILABILITY OF SERVICE OR OPERATION, COMPATIBILITY AND USABILITY WITH THIRD PARTY OR OTHER SERVICES, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS OF THE WEBSITE OR ANY SERVICE THAT Bumbung PROVIDES
      2. ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT, WHETHER POSTED, EMAILED, TRANSMITTED, SUBMITTED, ADVERTISED, OFFERED OR OTHERWISE MADE AVAILABLE IN THE WEBSITE (WHETHER BY Bumbung OR ANY THIRD PARTY THROUGH THE WEBSITE);
      3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR Bumbung’S SERVERS, DATA OR INFORMATION;
      4. ANY CESSATION, TERMINATION OR DISTURBANCE OF TRANSMISSION TO OR FROM THE WEBSITE;
      5. ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE OR BY TRESPASS OR BURDENING NETWORK CAPACITY WHETHER TRANSMITTED TO OR THROUGH THE WEBSITE WHETHER DUE TO THE ACTIONS OF ANY THIRD PARTIES OR OTHERWISE;
      6. ANY TRANSACTION OR TRANSMISSION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES OF ANY KIND IN ANY MEDIUM WHATSOEVER;
      7. ANY HARASSMENT, ABUSE, STALKING, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING, VIOLATING OR ILLEGAL SUBMISSION, MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT BY ANY USER OF THE WEBSITE OR OTHERWISE.

    2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Bumbung, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY FORM OF DAMAGE, LOSS OR INJURY IN ANY FORM WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE IN TRANSMISSION OF DATA OR BUSINESS INTERRUPTION REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) ARISING OR RESULTING FROM OR UNDER AND IN CONNECTION WITH THE WEBSITE AND FROM YOUR USE OR INABILITY TO USE THEREOF, INCLUDING BUT NOT LIMITED TO:
      1. THE ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED OR ERROR-FREE SERVICE OR OPERATION, CONTINUITY AND AVAILABILITY OF SERVICE OR OPERATION, COMPATIBILITY AND USABILITY WITH THIRD PARTY OR OTHER SERVICES, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS OF THE WEBSITE;
      2. ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT, WHETHER POSTED, EMAILED, TRANSMITTED, SUBMITTED, ADVERTISED, OFFERED OR OTHERWISE MADE AVAILABLE IN THE WEBSITE (WHETHER BY Bumbung OR ANY THIRD PARTY THROUGH THE WEBSITE, ANY WEBSITE, SUBMISSIONS OR ANY OTHER MEANS);
      3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR Bumbung’S SERVERS, DATA OR INFORMATION;
      4. ANY CESSATION, TERMINATION OR DISTURBANCE OF TRANSMISSION TO OR FROM THE WEBSITE;
      5. ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE OR BY TRESPASS OR BURDENING NETWORK CAPACITY WHETHER TRANSMITTED TO OR THROUGH THE WEBSITE WHETHER DUE TO THE ACTIONS OF ANY THIRD PARTIES OR OTHERWISE;
      6. ANY TRANSACTION OR TRANSMISSION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES OF ANY KIND IN ANY MEDIUM WHATSOEVER;
      7. ANY HARASSMENT, ABUSE, STALKING, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING, VIOLATING OR ILLEGAL SUBMISSION, MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT BY ANY USER OF THE WEBSITE OR OTHERWISE.

    3. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW, Bumbung, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS AND/OR EXPENSES OF ANY NATURE WHATSOEVER ARISING FROM YOUR USE OF THE WEBSITE, YOUR BREACH AND/OR VIOLATION OF ANY TERM OF THESE TERMS OF USE, YOUR BREACH AND/OR VIOLATION OF ANY THIRD PARTY RIGHT OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO COPYRIGHT, INTELLECTUAL PROPERTY, PROPERTY AND/OR PRIVACY RIGHTS
  28. FEES AND TAXES
    1. Bumbung reserves the right at its sole discretion to charge fees to Users and / or Professionals for the Bumbung Service and the use of the Website, including but not limited to fees for contacting Users, responding to requests from Users, or conducting transactions with Users through Bumbung. Bumbung reserves the right to charge fees for such facilities at its sole discretion and by using the Website, you agree to pay any such fees as Bumbung may notify to you and prescribe from time to time.
    2. Bumbung acts solely as an online platform for Users to connect with Professionals for the purposes of transacting to respectively receive and provide Services. Bumbung is not itself a Professional or a User, and is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Professional to any User. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations.
  29. NO PARTY, NO AGENCY OR PARTNERSHIP
    1. You hereby acknowledge and agree that Bumbung is NOT a party to any oral or written agreement for Service or any agreement or contract entered into between Users and Professionals in connection with any Service offered, directly or indirectly, through the Website.
    2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website. You do not have any authority whatsoever to bind Bumbung in any respect. All Professionals are independent of Bumbung. Neither Bumbung nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
  30. ENTIRE TERMS
  31. The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Bumbung on the Website, shall constitute the entire agreement between you and Bumbung concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

  32. GOVERNING LAW
  33. These Terms of Use shall be governed by the laws of Malaysia and you agree to submit to the jurisdiction of the courts of Malaysia in the event of any claims or disputes.

  34. ONLINE PAYMENT TERMS & CONDITIONS
    1. Payment for Bumbung can be made online with several methods.
      1. Credit Card
        1. We accept credit cards issued by banks that are acceptable to us. Your issued credit card should be one of these followings.
          • Visa
          • MasterCard
          • American Express
          • Discover

        2. Please note that you will be directed to Paypal via credit card payment selection. New terms and conditions from Paypal state that you are required to create a Paypal account if you do not have one.

      2. Online Banking
        1. Select the respective bank of your choice and proceed to the payment.
        2. By selecting your respective banks, you are responsible to ensure sufficient funds in your bank account.
        3. We will not accept any liability if the payments are unable to process in the transaction through online banking.

      3. E-Wallet
        1. “E-Wallet” is defined as electronic store of cash values which enable customer to make the payments through cell phone.
        2. By using E-Wallet, you are responsible to ensure there are sufficient funds in your account.
        3. We will not accept any liability if the payments are unable to process in the transaction through E-Wallet.

      4. Paypal
        1. By using a Paypal account, you agree to comply with all of the terms and conditions in the user agreement stated in Paypal.
        2. We will not accept any liability if the payments are unable to process in the transaction through Paypal.

      5. Bumbung respects and protects the privacy of information inserted by users. The data you provide during online transactions will not be disclosed unless for legal reasons.
      6. Once the payment is made, your account will be credited as soon as the payments are verified within 1-2 working days. You are strongly recommended to retain the copy of the transaction for record tracking purposes.
      7. We will not offer exchange or refund of the package if you have changed your mind about the purchase. We will not accept any liability as long as the transaction is done.
      8. We do not hold the responsibility for supporting your case without obtaining the copy of your transaction record if problem occurs.
      9. We will not accept liability if the payment is declined by your bank for any reason. You are responsible to check with you bank/debit/credit card supplier.
      10. We will not accept liability for payments being transferred to the wrong bank account as it is your full responsibility to ensure that the information you supply are correct.
      11. We accept payment only in MYR currency. Other currencies used will be converted to MYR. Please do check with your bank for exchange rate.
      12. If your credit card account is in a currency other than MYR, you may be charged at a different exchange rate. Please do note that you may also be subject to foreign currency transaction fee. We will not accept liability for the exchange rate of any charges your bank or third party company that may charge you.
      13. We reserve the right to decline your request for handling any additional charge out from the transaction. You are responsible to check with your respective bank or third-party regarding to the payment.
      14. We will not accept liability for any additional charge out from the transaction
      15. We will not hold responsibility if the promo code you use is invalid or already expired.
      16. Please ensure you read the current terms carefully before using the online payment facility. Failure in complying with the Terms & Conditions will result in termination of the account and paid credits will not be refunded.
      17. Once the transaction of the purchase is made, you will not be eligible to request for refund within 6 months from your purchase date.
      18. Refunds will be transferred as credits only if applicable. For more information, please refer to “REFUND POLICY” to inquiry more about the refund policy.