Last updated: 06-20-23
Effective date: 07-10-23
Preamble
Welcome to Meboo!
This Terms of Use (this “Agreement”) is made between YOHO IT SDN. BHD.(the
"Company", or the "Website", or the "Application” (including applications for tablets and
other smart devices)) and the user of Meboo and its affiliate services (“You” or “Member”)
with respect to communications with other members and other online services provided by
Meboo (the “Service”). By clicking “Sign Up” on the registration forms, You indicate Your
acceptance of all the terms and conditions of this Agreement and your registration on Meboo.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT CLICK ON “SIGN UP” BUTTON, ONCE THE BUTTON IS
CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS
OF WHETHER OR NOT YOU REGISTER FOR OR PURCHASE THE SERVICE. THE
TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY
Meboo AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL
BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT
VERSION OF THIS AGREEMENT ON THE WEBSITE UPON OUR UPDATING THE
APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT.
1 Eligibility
By registering on Meboo, You represent and warrant that
You are at least 18 years old;
You are legally qualified to enter these Terms of Use with Meboo;
You are using the Services for their intended purposes;
You are not a person who is barred from using the Service under the laws of the United
States or any other applicable jurisdiction;
You will comply with this Agreement and all applicable local, state, national and
international laws, rules, and regulations;
You have never been convicted of a felony or indictable offense (or crime of similar
severity), a sex crime, or any crime involving violence, and that you are not required
to register as a sex offender with any state, federal or local sex offender registry.
You have not been previously removed or blocked from our Services unless you have our
express written permission to re-use the Services
Membership in the Service and registration on Meboo is void where prohibited. By using
Meboo, You represent and warrant that You have the right, authority, and capacity to enter
into this Agreement and to abide by all of the terms and conditions of this Agreement. All
information supplied when registering MUST be accurate, true, and complete in all respects.
Where the identification provided is inaccurate or incomplete, suspension of the account may
occur until identity verification has been satisfactorily completed, based on our independent
judgment. You may not authorize others to use Your membership, and You may not assign or
otherwise transfer Your account to any other person or entity. You must keep your password
and all account details secret and confidential as you are responsible for use of the Service
from your account and any other activities taking place on your account. Any transactions on
your account will stand if your username and password have been entered correctly.
If at any time you cease to meet the requirements in this Section, all authorization and access
to our Services are automatically revoked, you must immediately delete your accounts on the
Services, and we retain the right to remove your access to the Services without warning.
2 Term
You can create an account via your Google,(“Third-party Account”) login details. If you
create an Account using your Third-party Account login details, you authorise us to access,
display and use certain information from your Third-party Account. For more information
about what information we use and how we use it, please check out our Privacy Policy.
You may terminate Your membership at any time, for any reason, effective upon receipt of
Your written notice of termination by Meboo email: contact@meboo-app.com.
Meboo may terminate Your membership for any reason, with or without explanation,
effective upon sending a notice to Your email address provided at registration, or to any other
email address provided by You to Meboo. Upon termination by Meboo without cause, You
shall receive a refund, pro rata, of any paid fees that Meboo has received from You. If Your
membership with Meboo is terminated by reason of violation of this Agreement, or at Your
request, You will not be entitled to, nor shall Meboo be liable to You, for any refund of
unused fees for using Meboo or its additional services. Used Pay service are non-refundable,
except as provided in this Agreement. Notwithstanding Your membership being terminated,
this Agreement will remain in full effect.
3 Non-Commercial Use by Members
Meboo is for the personal use of individual Members only and may not be used in connection
with any commercial endeavors. Organizations, companies, businesses, and/or other entities
may not become Members and are not entitled to use the Service or the Website/ Application
for any purpose. Illegal and/or unauthorized use of the Website/ Application, including
collecting usernames and/or email addresses of members by electronic or other means for the
purpose of sending unsolicited email and unauthorized framing of or linking to the Website/
Application will be investigated, and appropriate legal action may be taken, including
without limitation, civil, criminal, and injunctive redress. You hereby grant, represent, and
warrant that You will not create any databases, websites, applications, software, legal entities
and services competitive with Meboo. You further guarantee and warrant that You will not
use the Website/Application for any commercial purposes, and/or send or receive funds
thorough the Website/Application, and/or create accounts with fake usernames. You further
guarantee and warrant that You will not be paid for using the Website/Application and
services, provided on the Website/Application. Such activity will be investigated, Your
membership may be terminated and appropriate legal action may be taken, including without
limitation, civil, criminal, and injunctive redress.
4 Permitted License Uses
Subject to your compliance with the terms and conditions set out in this Agreement, Meboo
grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable,
non-assignable, revocable license to access and use our Service, only on your personal
computer or other smart device for the sole purpose of personally using this service, and if
you create a Meboo account by connecting with a third-party platform, for example, Google
Play, as permitted by the usage rules set forth in the each third-party platform Terms of
Service as of the date hereof. The sole purpose of this license is to enable you to use and
enjoy the benefit of the Service in the manner permitted by this clause. You may not copy,
modify, distribute, sell or lease any part of our services, nor reverse-engineer or attempt to
extract the source code of the software, unless applicable laws prohibit these restrictions or
you have our written permission.
5 Intellectual Property
Meboo owns licenses or otherwise retains all intellectual property rights in the Website/
Application and the Service, absolutely. Those rights include, but are not limited to, database
rights, copyright, design rights (whether registered or unregistered), patents, trademarks
(whether registered or unregistered) and other similar rights, wherever existing in the world,
together with the right to apply for protection of the same of Meboo and its licensors. Except
for that information which is in the public domain or for which You have been given written
permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell
any such proprietary information. For matters not expressly authorized in this Agreement,
such as commercial sales, reproduction, and permission for any third party to use Meboo, you
should separately obtain formal written permission from Meboo.
6 Content Posted at Meboo
You agree that any content, messages, photos, videos, audio and video calls or profiles
(collectively, “Content”) must comply with our rules.
You understand and agree that Meboo may at its sole discretion store for review and delete
any Content that in the sole judgment of this Agreement or which might be offensive, illegal,
or that might violate the rights of, harm, or threaten the safety of other Members or any third
parties.
You are solely responsible for the Content that You publish or display (“post”) via the
Website/Application, or transmit to other Members.
By posting Content to any public area of the Website/ Application You automatically grant,
represent and warrant that You have the right to grant to Meboo an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute
such information and Content and to prepare derivative works of, or incorporate into other
works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of Content that is illegal or prohibited on the
Website/Application. Meboo reserves the right to investigate and take appropriate legal
action at its sole discretion against anyone who violates this provision including without
limitation removing the offending communication from the Service and terminating the
membership of such violators. Prohibited Content includes, but is not limited to, Content that:
is patently offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or
“spamming”;
promotes information that You know is defamatory, false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture installed copyright protected devices, or providing pirated
music or links to pirated music files;
contains restricted or password only access pages, or hidden pages or images (those not
linked to or from another accessible page);
publicly displays inappropriate Content or material (involving, for example, nudity,
bestiality, pornography, graphic violence, or criminal activity);
provides material that exploits people under the age of 18 in a sexual or violent manner, or
solicits personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal
weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes
from other users;
engages in commercial activities and/or sales without Meboo prior written consent such as
contests, sweepstakes, barter, advertising, and pyramid schemes.
You must use the Service in a manner consistent with any and all applicable laws and
regulations. Your Content must comply with applicable international, national, and local laws
and regulations.
You own, or have the necessary licenses, rights, consents, and permissions to use, and
authorize Meboo to use, all intellectual property and any other proprietary rights in and to
any and all User Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by Meboo and the Agreement;
You may not include in Your profile any telephone numbers, street addresses, real names,
URLs or email addresses. You may not include in Your correspondence with other members
any URLs, email addresses or telephone and fax numbers.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any
products or services through the Service. You may not transmit any chain letters or spam to
other Members. Although Meboo cannot monitor the conduct of its Members off the
Website/Application, it is also a violation of these rules to use any information obtained from
the Service to harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to any Member without their prior explicit consent. In order to protect its
Members from such advertising or solicitation, Meboo reserves the right to restrict the
number of emails which a Member may send to other Members in any 24-hour period to a
number which Meboo deems appropriate in its sole discretion.
You may not collect data from Meboo either from authorized and not authorized zones
through automated means (bots, spiders, scrapers or equivalent means), or by establishing
fake user accounts or by anonymous proxy servers or equivalent measures, or by
circumventing any technical measures to prevent forbidden activity on Meboo. You may not
collect data from Meboo authorized zones by any other means including manual collection of
data.
To ensure the quality of the Service provided, Your communication through the Website/
Application may be recorded.
Meboo reserves the right to investigate and take appropriate legal action at its sole discretion
against anyone who violates this Section including without limitation removing the offending
communication from the Service and terminating the membership of such violators.
7 Services Provided by Third Parties
In order to facilitate your use of the Meboo, the Service may use third-party services, and the
results of such use and access are provided by the third party (including but not limited to the
services and contents provided by the third party that you jump to through the Service, or
accessed by said third party through Meboo). In addition to the terms of this Agreement, you
shall comply with the user agreements of third parties in using services provided by third
parties on the Meboo device. Meboo cannot guarantee the security, accuracy and validity of
the services and contents provided by third parties and other uncertain risks, and you shall
solely bear relevant risks and responsibilities arising therefrom.
Whether the third-party services are pre-installed in the Meboo device or activated or
subscribed by yourself, you understand and agree that Meboo disclaims all express or implied
warranties with respect to the security, accuracy and validity of the services and contents
provided by third parties and other uncertain risks.
Your correspondence or business dealings with, or participation in promotions of, advertisers
found on or through Meboo are solely between you and such advertiser. You agree that we
shall not be responsible or liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers on Meboo.
Parties other than us may provide services or sell products through Meboo. We are not
responsible for examining or evaluating, and we do not warrant the offerings of any of these
businesses, nor the content of their product and service offerings. We do not assume any
responsibility or liability for the actions, product, or content of these or any other third
parties. You should carefully review their privacy statements and other terms and conditions
of use.
Any dispute between you and the above third-party services providers shall be settled by you
and such third party with you taking relevant responsibilities, if any.
8 Modifying Meboo, termination and the appeal
You acknowledge that we may release updated versions of Meboo at any time we deem
appropriate, adding new features or enhancements or removing features. You consent to
automatic upgrades on your mobile device and agree that the terms and conditions of the
Agreement will apply to all such upgrades. You agree that we will not be liable to you for
any such modifications.
If we believe in good faith that you have violated any of the terms and conditions of the
Agreement or any applicable law, we may terminate any account you have with Meboo or
your use of Meboo or any component thereof and remove and discard all or any part of your
account or any of your User Submissions, at any time and at our discretion. You agree that
any termination of your access to Meboo or any account you may have on Meboo or
component thereof may be effected without prior notice, and you agree that we will not be
liable to you or any third party for any such termination.
If you believe that revoking your license, any authorization to access and/or use Meboo, and
terminating your account for failure to comply with our rules on the minimum required user
age per terms of this Agreement is unjustifiable, please contact us by email or use available in
App mechanism to directly appeal the decision. You will have to verify your age and
compliance with the terms of our Agreement by providing us with a Photographic image of
you and your form of identification that can confirm the date of your birth.
9 Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks,
or other proprietary information without obtaining the prior written consent of the owner of
such proprietary rights. Without limiting the foregoing, if You believe that Your work has
been copied and posted on the Service in a way that constitutes copyright infringement,
please supply Meboo's copyright agent with the following information: an electronic or
physical signature of the person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that You claim has been infringed; a
description of where the material that You claim is infringing on such copyright is located on
the Website/ Application; Your address, telephone number, and email address; a written
statement by You that You have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury,
that the above information in Your notice is accurate and that You are the copyright owner or
authorized to act on the copyright owners behalf.
10 Member Communications
You are solely responsible for Your interactions with other Meboo Members. Meboo reserves
the right, but has no obligation, to monitor disputes between You and other Members. Also,
Meboo is not in any kind responsible for expectations, promises or truthfulness of any
information of any Member.
11 Privacy Policy
When you are using the Service, Meboo may need to collect personal data to provide you the
Service. Meboo pays great attention to the protection of your personal data and has made the
Meboo Privacy Policy, which states the detailed information of the way Meboo collects, uses,
stores, transfers, and discloses your personal data. You may refer to the details of the
"Privacy Policy", which forms an integral part of this Agreement. By downloading,
installing, or using the Services, you agree to be bound by the terms of this Agreement and its
Privacy Policy, and Meboo will protect your privacy in accordance with this Privacy Policy.
12 Suppliers
To provide the Service, Meboo may purchase services from various third parties and affiliate
marketing partners (collectively, «Suppliers»). The Suppliers are independent contractors and
are not agents, or employees of Meboo. Meboo is not responsible for the willful or negligent
acts and/or omissions of any Supplier or any of its respective employees, agents, servants, or
representatives including, without limitation, their failure to deliver Services, or partial or
inadequate delivery of Services. According to terms of agreement with its Suppliers, Meboo
is prohibited from rendering the Suppliers contact information. Services provided by the
Suppliers include but are not limited to the following:
Suppliers provide full, accurate and legitimate information required for the registration of
the Members at Meboo prior to their registration according to the terms of
Agreement.
Each supplier may provide translation services for the registered Members and have access
to all the correspondence of such Members.
Suppliers provide additional services in accordance to the terms of their agreement with
Meboo.
Any additional services requested by Meboo Members, which fall into the Suppliers scope of
activity, but not defined by Meboo terms of Agreement with Supplier, may be processed by
Suppliers, but are not automatically granted.
Meboo is not in any way responsible for the quality of any additional services provided by
the Suppliers. The Website/ Application and the Service are provided "as is” and Meboo
expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Meboo cannot guarantee and does not promise any specific results from use of the Website/
Application and/or the Service.
13 Members
Meboo does not influence the relationships between Members of the Website/ Application.
Members may terminate their membership with Meboo at any time. Deactivation of
Membership of Meboo is governed by the following:
In the event a Member is no longer interested in the Services, Meboo customer support
administrators shall review the correspondence between such Member and other
Member's with whom the Member has been corresponding (the “Correspondent”).
In the event a Member had requested his/her profile to be deleted from Meboo for
unspecified personal reasons, the Correspondent shall not have the right to receive
any information with respect to the deletion of such a Member's profile, as it would be
in violation of Meboo's Privacy Policy.
In the event, a Member is found on an anti-scam site, or in case we receive reliable proof of
the Member's illegal activities from another Member, such Member's profile may be
deleted from the Website/ Application provided that Meboo, in its sole and unfettered
discretion, considers the supplied information substantial and irrefutable.
14 Fees and Virtual Items
Meboo offer both free service and paid services. For the Meboo free service, you understand
and agree that although some features of Meboo and its Service are currently offered to you
free of charge, however, along with the continuous renewal of our Service, you may need to
pay for some part of Meboo or Service provided by Meboo.
For the Meboo paid service (“In-App Purchase”), we will clearly notify you before your use
and you may choose whether to accept or use such paid features or service. At that time,
please use such paid service according to our instructions (including but not limited to service
fee standards, payment terms and service rules). If you choose to use such paid services, you
acknowledge and agree that additional terms, disclosed to you at the point of purchase, may
apply, and that such additional terms are incorporated herein by reference.
You may make an In-App Purchase through the following payment methods (“Payment
Method”): Making a purchase through a third-party platform via Google Play Store
(“Third-Party Store”); Please note that once you have made an In-App Purchase, you
authorize us to charge your chosen Payment Method.
You may be able to purchase or earn a limited, personal, non-transferable, non-sublicensable,
revocable license to use "virtual items", which could include virtual products or virtual “gold
coins” or other units that are exchangeable within the Service for virtual products
(collectively, "Virtual Items").
The price of the Virtual Items will be displayed at the point of purchase. All charges and
payments for Virtual Items will be made in the currency specified at the point of purchase
through the relevant payment mechanism. Currency exchange settlements, foreign transaction
fees and payment channel fees, if any, are based on your agreement with the applicable
payment provider.
Virtual Item are not property good such as balances or advances. Any Virtual Item balance
shown in your account does not constitute a real-world balance or reflect any stored value,
but instead constitutes a measurement of the extent of your license.
No Virtual Items may be assigned or transferred to any other user of the Service or third party
except as expressly permitted by us in writing. The sale, barter, assignment, or other disposal
of any Virtual Items, other than by us, is expressly prohibited.
Any Virtual Items assigned, sold, or otherwise transferred without the express written
consent of us are void. Any user of the Service who violates this restriction may have his or
her account terminated us, forfeit Virtual Items from his or her account, and/or be subject to
liability for damages and litigation and transaction costs.
Meboo shall have no liability to you or any third party in the event that Meboo exercises any
such rights. Virtual Items may only be redeemed through the Service. The provision of
Virtual Items for use in the Service is a service that commences immediately upon the
acceptance of your purchase of such Virtual Items.
WHEN YOU INITIATE A REFUND, THE REFUND POLICY IS SUBJECT TO THE
SPECIFIC POLICIES OF THIRD-PARTY STORE. YOU ACKNOWLEDGE THAT THAT
YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED
VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE
WAS VOLUNTARY OR INVOLUNTARY.
PLEASE NOTE THAT IN THE EVENT A CORRESPONDENT MEMBER HAD FOUND
HIS/HER MATCH, AND SAME IS NOT YOU, YOU SHALL NOT BE ENTITLED TO
ANY REFUND WITH RESPECT TO THIS CORRESPONDENCE WITH SUCH
CORRESPONDENT MEMBER.
Meboo reserves the right to investigate and/or terminate your account without a refund of any
purchases if you have violated this Agreement and Community Guidelines, misused the
Service, or behaved in a way that Meboo regards as inappropriate or unlawful, including
actions or communications that occur on or off the Service.
If you want to know more about Meboo's paid service rules, please check our Paid Service
Agreement.
Meboo, in its sole discretion, reserves the right to charge fees for the right to access or use
Virtual Items and/or may distribute Virtual Items with or without charge. Meboo may
manage, regulate, control, modify, or eliminate Virtual Items at any time. You shall not sell,
redeem, or otherwise transfer Virtual Items to any person or entity. You cannot cancel an
order for delivery of digital content that is not delivered on a physical medium if order
processing has begun with your explicit prior consent and acknowledgement that you will
thereby lose your right of cancellation. That means that such purchases are final and
non-refundable.
Your use of the Service will consume your device, bandwidth, traffic and other resources.
Fees for the above resources such as purchasing a Meboo device, Internet access fees, SMS
fees, and payment for Meboo software's value-added services shall be borne by yourself.
15 Indemnification
You will indemnify, release and hold harmless Meboo, its parent, subsidiaries and affiliates,
and all officers, directors, agents and employees thereof, and any party acting on Meboo’s
behalf, from and against any and all third party claims, actions, liabilities, losses, damages,
judgments, costs and expenses, including reasonable attorneys’ fees (collectively, "Claims")
arising out of (i) any use of the Meboo Service or products appearing on the Meboo Service
by you or by any person that is not in accordance with the terms of this Agreement; (ii) any
breach of this Agreement by you or by any person that you allow to use the Meboo Service;
or (iii) any violation of any laws, regulations or the rights of any third party by you or by any
person that you allow to use the Meboo Service or products appearing on the Meboo Service.
16 DISCLAIMERS
Meboo PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO
WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY
COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT
TO THE SERVICE. Meboo SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. FURTHER, Meboo DOES NOT WARRANT THAT YOUR USE OF THE
SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR
ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR
THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. Meboo DISCLAIMS
LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO,
CONNECTIVITY AND AVAILABILITY.
Although each member must agree to the Agreement, Meboo cannot guarantee that each
member is at least the required minimum age, nor does it accept responsibility or liability for
any content, communication or other use or access of the Service by persons under the age of
18 in violation of this Agreement. Also, it is possible that other members or users (including
unauthorized users, or “hackers”) may post or transmit offensive or obscene materials
through the Service and that You may be involuntarily exposed to such offensive or obscene
materials. It also is possible for others to obtain personal information about You due to Your
use of the Service. Those others may use Your information for purposes other than what You
intended. Meboo is not responsible for the use of any personal information that You disclose
on the Service. Please carefully select the type of information that You post on the Service or
release to others. We can't guarantee that the particular Member is using his profile
personally, but we do all possible to block such behavior.
Meboo DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION,
FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING
UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR
DURING THE USE OF THE SERVICE OR OTHERWISE. Meboo is not responsible for
any incorrect or inaccurate Content posted on the Website/ Application or in connection with
the Service, whether caused by users of the Website/ Application, Members or by any of the
equipment or programming associated with or utilized in the Service. Meboo is not
responsible for the conduct, whether online or offline, of any user of the Website/
Application or Member of the Service. Meboo assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or alteration of, user or Member
communications. Meboo is not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or players on account of technical problems or traffic
congestion on the Internet or at any Websites/ Applications or combination thereof, including
injury or damage to users and/or Members or to any other persons computer related to or
resulting from participating or downloading materials in connection with the Web and/or in
connection with the Service. Under no circumstances will Meboo be responsible for any loss
or damage, including personal injury or death, resulting from anyone’s use of the Website/
Application or the Service, any Content posted on the Website/ Application or transmitted to
Members, or any interactions between users of the Website/ Application, whether online or
offline.
17 LIMITATION OF LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO
EVENT WILL Meboo BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR
USE OF THE WEBSITE/ APPLICATION OR THE SERVICE, AS WELL AS DAMAGES
FOR LOSS OF DATE, LOSS OF PROGRAMS, COST OF PROCUREMENT OF
SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS, EVEN IF Meboo KNOWS
OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Meboo IS NOT
RESPONSIBLE FOR ANY ACTIVITIES OUTSIDE OF OUR SERVICES (INCLUDING,
BUT NOT LIMITED TO EXPENSES RELATED TO TRAVEL, DELIVERIES,
MEETINGS ETC.). THOSE EXPENSES ARE YOUR OWN RESPONSIBILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
Meboo'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO Meboo FOR THE SERVICE DURING THE
TERM OF MEMBERSHIP.
18 Disputes
You acknowledge that the transactions involving your use of the Website/Application and
your purchase of products or services took place in the country of incorporation of the
Company owning Meboo. Any dispute or claim relating in any way to your visit to the
Website/Application or to products or services sold or distributed by Meboo or through
Meboo will be resolved by binding arbitration, The number of arbitrators shall be three. The
language to be used in the arbitral proceedings shall be in English. The governing law of this
Agreement shall be the substantive law of the country of incorporation of the Company
owning Meboo. There is no judge or jury in arbitration, and court review of an arbitration
award is limited. Arbitrators, however, can award you the same damages and relief, and must
honor the same terms in this Agreement, as a court would. We each agree that any dispute
resolution proceedings will be conducted only on an individual basis and not in a class,
consolidated or representative action. THE ARBITRATOR MAY AWARD MONEY OR IN
UNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR
REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY
OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD
UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in
arbitration, we each waive any right to a jury trial. We also both agree that you or we may
bring suit in court to enjoin infringement or other misuse of intellectual property rights. You
will attempt to resolve all disputes with respect to the Services through communication with
Meboo's customer service. If parties are unable to resolve the dispute, You must use the
dispute resolution mechanism discussed above in this Section. Please also note should you
chargeback any transactions billed to your account, Meboo may be required to disclose any
and/or all private communications sent/received by You through our Service to prove the
validity of the charges billed to Your account and Meboo's privacy policy will therefore not
restrain any such disclosures.
19 Indemnity
You agree to indemnify and hold Meboo, its subsidiaries, affiliates, officers, agents, and
other partners and employees, harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or arising out of Your use of the
Service in violation of this Agreement, and/or any allegations that any Content that You
submit to Meboo or transmit to the Website/ Application infringe or otherwise violate the
copyright, trademark, trade secret or other intellectual property or other rights of any third
party; and/or arising from a breach of this Agreement and/or any breach of Your
representations and warranties set forth above. This indemnity shall be applicable without
regard to the negligence of any party, including any indemnified person.
20 General Terms
Heading. The headings of all terms of this Agreement are for reference purpose only, have
no actual meanings themselves, and shall not be used as a basis for interpreting the
meanings of this Agreement.
Severability. If any term or provision of this Agreement is held to be invalid or
unenforceable by any judicial or administrative authority for any reasons, such
determination shall not affect the validity of enforceability of the remaining terms and
provisions of the Agreement hereof, and the remaining provisions of this Agreement
shall remain in full effect and shall be construed in accordance with its terms.
Languages. If this Agreement is made in English and other languages. In case of any
discrepancy, the English version hereof shall prevail.
No Waiver. The failure of Meboo to enforce at any time any of the provisions of the
Meboo Service, or the failure by Meboo to require at any time performance by you of
any of the provisions of the Meboo Service, shall in no way be construed to be a
present or future waiver of such provisions, nor in any way affect the right of Meboo
to enforce such provision thereafter. The express waiver by Meboo of any provision,
condition or requirement of the Meboo Service shall not constitute a waiver of any
future obligation to comply with such provision, condition, or requirement.
Notices. We may provide you with notices, including those regarding changes to the
Agreement, by email, or postings on Meboo.
Assignment. Without our prior written consent, you are not allowed to assign or transfer all
or any part of your rights and obligations under the Agreement. We are permitted to
assign or transfer our rights and obligations under the Agreement in their entirety or
in part.
Survival. All provisions related to or regarding the disclaimer, limitation of liability, and
indemnification hereby survive any termination of the Agreement or any termination
of your use of or subscription to Meboo.
Jurisdiction. To the extent permitted by applicable law, all disputes arising in connection
with the Agreement shall be subject to the exclusive jurisdiction of the ordinary courts
at our legal seat.
Entire Agreement. This Agreement constitutes the entire agreement between you and
Meboo governing your use of Meboo software and supersedes any prior agreements
between you and Meboo relating to the use of Meboo software. You may also be
subject to additional terms and conditions that may apply when you use or purchase
open-source software, third-party content, or other Meboo Service.
Thank you for your time to read our Terms of Use. You can reach us at:
Customer service email: contact@meboo-app.com
Mailing address: 15-2, Dinasti Sentral, Jalan Kuchai Maju 18, Off Jalan Kuchai Lama, 58200
Kuala Lumpur, W.P. Kuala Lumpur.