Terms and Conditions

This Terms & Conditions also refers to the Terms and Conditions link found on all related channel (website, mobile applications, software and other services) provided by Buddy Technology (002648279-U) (“Company”) and shall govern your use of the service. These Terms & Conditions constitute a legal agreement between you and the Company, to use the service you must agree to these Terms & Conditions.

Relating to these Terms & Conditions or your use of the service that with limited exceptions all disputes between you and the Company arising out of or relating to these Terms or your use of the service will be resolved by binding arbitration. You agree to waive your rights under these Terms, save and except for matters OPINION private and confidential Note: The materials herein are prepared based on the information provided at the relevant time and is only for your consideration with regards to the legal issues raised herein. It should not be taken to be commercial direction or business advice. You should not solely rely or act on the materials to make financial or business decisions. covered by Section 15.1 of these Terms, in which case shall be determined by an arbitrator, and your claims shall not be brought as a class action.

 

Table of contents

  1. Scope of Buddy Technology Services
  2. Acceptance and modification of the Terms & Conditions
  3. Login information
  4. Processes relative to the booking of the Buddey Buskers Pod
  5. Price
  6. Payment
  7. Terms specific to the use of Buddey Buskers Pod
  8. Guarantees – Liability – Force Majeure
  9. Intellectual property
  10. Duration-Suspension-Termination
  11. Confidentiality
  12. Transfer of the Terms and Conditions
  13. Accrued interests
  14. Independence of the Users
  15. Miscellaneous
  16. Third party rights
  17. Waiver
  18. Variations
  19. Applicable law and jurisdiction

 

  1. Scope of Buddy Technology Services

1.1. Buddy Technology is a technology company merely to provide a platform for its Users to find and rent a place through its platform (“Buddey Talent Application”) and has no obligation, responsibility or liability over the services or cause that Users engages through the platform. As the provider of Buddey Talent Application or web platform, the Company does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any talent performing arts services, nor is the Company an event organiser, employer, or represent any Users in their activities.

1.2. If you choose to use the Buddey Talent Application as a Talent (“User”) your relationship with the Company is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of the Company for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of the Company. The Company does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms. You acknowledge and agree that you have complete discretion whether to engage in other business or employment activities.

1.3. The Buddey Talent Application may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. The Company is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by the Company of such Third-Party Services.

 

  1. Acceptance and modification of the Terms & Conditions

2.1. Amendments to the Terms & Conditions

The Company may at any time amend this Terms & Conditions, notably due to the evolution of the Company and changes to the functions of the Application or the operation of the Services. Unless otherwise agreed in a writing signed by the Company and the User, the amendment shall take effect immediately upon making the amended version of the Terms & Conditions available through the app, which to use the service the user must first agreed to the Terms & Conditions and by continuing to use the service including maintaining an account with the platform, user is bounded by the Terms & Conditions. When a transaction is in progress of which payments already made by the User and amendment occurs, the amendments shall not apply. 

2.2. Creation of an Account - General information

2.2.1. You must register an account ("Buddey Talent Account") to access and use certain features of the Buddey Talent Application, such as booking a place. If you are registering a Buddey Talent Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

2.2.2. You shall provide the required identification data such as but not limited to full name as per NRIC, NRIC No. or passport, mobile number, email address, bank name, bank account name, bank account number, profile picture, correctly, accurately and truthfully.

2.2.3. You are responsible to ensure your identification data is updated. If the data provided proves to be inaccurate, incomplete or wrong, the Company reserves the right to suspend access to all services until the User corrects such errors or else the User may be ban permanently from any booking including forfeiting any booking which User may have made.

2.2.4. You may not register more than one (1) Buddey Talent Account unless the company authorizes you to do so. You may not assign or otherwise transfer your Buddey Talent Account to another party.

2.2.5. The Company reserves the right to confirm or reject the application of an individual or corporate entity to be registered for Buddey Talent Account.

 

  1. Login Information

You agree to only use your own Login Information and that all activity within is undertaken by yourself and at least control by you only.

In the event of loss, theft or any fraudulent act or forgotten Login Information, you shall notify the Company promptly by sending an email to one of following email addresses: teambuddey@gmail.com and shall provide such evidence of identity as may be required.

Upon receipt of such request, the Company shall examine the request and may, as a security measure, suspend access to the Services with the User’s Login Information. 

 

  1. Processes relative to the booking of Buddey Buskers Pod

4.1. Booking made by the User

Booking by the User of a place (“Buddey Buskers Pod”) via the Application irrevocably binds the User to undertake the said Services under the conditions of the Terms & Conditions. The Company cannot require or force an User to perform any bookings of the Buddey Buskers Pod and an User makes any such entirely at his own discretion.

 

  1. Price

Prices of the Buddey Buskers Pod are as per listed on the Buddey Talent Application, prices are fixed at confirmation of booking, nevertheless the Company reserves the rights to change the listing price. The User is required to make full payment for his booking before starting to use the Buddey Buskers Pod. Depending on the local jurisdiction, Government Service Tax may be applicable.

5.1. Cancellation and Refund by the User

All payments on the platform is non-refundable, except for incidents of disputes as per 5.2

5.2. Incidents of disputes such as the below:

- The booking locations, time, changes from the initial booked terms. 

- User may report within 24 hours to Buddey Admin for investigation and assist in refunding payments made for that bookings.

 

  1. Payment

6.1. The Price shall be paid via the payment channel, Merchant Payment made available on the Buddey Talent Application and amount will be paid in Ringgit Malaysia.

6.2. Upon completion of the booking requests, the Company shall send the User, a notification, a receipt confirming completion of booking or invoice comprising of the booking price, or, which applicable, and shall then debit the sum due from either the bank card or the in-credit account designated by the User as means of payment.

6.3. Any payment default by the User, e.g. due to the expiry of the bank card entered, insufficient balance in the bank account, or inaccurate bank details, shall entail the suspension by the Company of his access to any services bookings.

In the event of payment default, the Company shall notify the User of this default, ordering to remedy the payment promptly, then reserves the option of terminating his contract to use the Application under the conditions of Article 7 of these Terms & Conditions.

The Indipendent Contractor shall ensure that his billing information is up-to-date, complete and correct.

 

  1. Terms specific to the use of Buddey Buskers Pod

7.1. The booking and reservation of a Buddey Buskers Pod for the desired time and date shall only be confirmed upon receipt of full payment by the Company. As long as full payment has not been received, the desired time and date for the relevant Buddey Buskers Pod shall still be open for reservation by other users. The Company reserves the right to block any further usage of the application should there be an incomplete payment.

7.2. Your booking is exclusive to you only and not allowed to transfer to third party, although you may share the Buddey Buskers Pod with your partners, but you must be physically there. Maximum up to 3 persons busking per session, unless otherwise stated. If request under Article 5.1 is not submitted, you shall be deemed to have reserved and used the Buddey Buskers Pod for the intended purposes.

7.3. The Company shall not be responsible for any claims, demands, losses, damages penalties, expenses and liability of any kind arising from your acts, omissions or negligence. The Company shall also not be held responsible if the Venue Partner chooses to stop your performance or prevent you from using the Buddey Buskers Pod in any way, that is not a result of a default on the part of the Company.

7.4. You will be liable for and shall indemnify and hold the Company harmless from and against all claims, demands, losses, damages, penalties, expenses and liability of any kind. You will comply with all rules and regulations of the Venue Partner. It will be your responsibility to obtain any current rules and regulations of the Venue Partner relating to the Buddey Buskers Pod.

7.5. Although the Company and Venue Partners have taken steps to ensure that the busking locations provide you a safe environment to showcase your talent, neither the Company nor Venue Partners will be responsible for any loss, damage to property, physical illness, injury or death you encounter while busking or otherwise arising from busking at Buddey Buskers Pod, unless caused by our gross negligence.

7.6. If you are found to have submitted inaccurate or misleading information in your application to the Company, or your busking act substantially breach any of these T&C, your membership will be immediately be suspended or terminated by the Company.

 

7.7. You shall:

  1. Provide proof of membership and booking of the Buddey Buskers Pod along with other forms of identification documents (e.g. NRIC/passport) for verification by the authorities, personnel of Company’s Venue Partners and Company's appointed outsourced management agency, as required.
  2. Only busk at the designated busking locations and times booked by you.
  3. Keep a reasonable distance from other buskers for safety reasons and to ensure an enjoyable experience for both the buskers and audience. Buskers do not have exclusivity over busking locations.
  4. Keep the sound level generated from your busking act at a reasonable volume (e.g. 60dBa the sound of a background music).
  5. Keep to the busking hours as booked by you, unless otherwise stated.
  6. Obtain, at your cost, all necessary licenses, permits and approvals for the use of any materials (dangerous or otherwise), equipment, props, and/or intellectual property (including but not limited to copyright and composer's fees) during the busking act.
  7. Comply with all applicable laws and regulations prevalent in Malaysia at all times when busking.

7.8.  You shall not:

  1. Obstruct or cause obstruction to pedestrian or vehicular traffic;
  2. Actively solicit any gratuity;
  3. Price any items/merchandise for sale (i.e. hawking);
  4. Make any vulgar or obscene gesture or remark; and
  5. Display any signboards or advertising collaterals that are used for the purposes of touting, fundraising or soliciting for any gratuity from the public.

7.9. Your busking act must not, in the Company's sole opinion be:

  1. Offensive or obscene in nature;
  2. Derogatory to or defamatory of any third party; or
  3. Bring disrepute to or prejudice the Company in any way whatsoever, or be construed to:
  1. Advocate or lobby for lifestyles seen as objectionable by the general public;
  2. Denigrate or debase a person, group or class of individuals on the basis of race or religion, or serve to create conflict or misunderstanding in our multicultural and multi-religious society;

     iii. Undermine the authority or legitimacy of the government and public institutions, or threaten the nation’s security or stability; and/or Have a political or religious agenda or proselytise any particular faith, save in accordance with the law.

7.10. Negative feedbacks of the Users

The Users will be directly notified if his conduct for using the platform receives negative feedbacks by general publics or Venue Partners of Buddey Buskers Pod, and the Company may, at its discretion, suspend his access to Buddey Talent Application.

 

  1. Guarantees – Liability – Force Majeure

8.1. Guarantee of the User

The User is solely responsible of the activities he engages in through the Application.

In accessing the Application, the User represents and warrants that he shall not:

access and/or use the Application and/or the Services for illegal purposes and/or with the aim of causing harm to the reputation and image of any of the Parties, and more generally that he shall not infringe the rights, notably intellectual property, of the Company and/or third parties;

use devices or software other than those provided by the Company intended to or that may: i) affect or try to affect the proper operation of the Application and/or the Services; or ii) extract, modify or view all or part of the Application on any support other than the User’s Device, even in buffer or temporary memory, or for customised use;

directly or indirectly market the Services and/or the access to the Services and/or the access to the Application;

reuse all or part of the Application, particularly for commercial and/or collective and/or personal purposes in a form and/or a media not authorised by the Company;

exploit the Services provided by the Company or the data to which he may have access via the said Services and/or the Application for purposes that are directly or indirectly commercial and/or for personal purposes in a form and/or a media not permitted by the Company;

limit or try to limit access to or use of the Application and/or the Services;

modify any mention or element of the Services and/or the content of the Application, including in buffer or temporary memory;

knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

In the event of breach of any of these obligations, and without this list being exhaustive, the User acknowledges and agrees that the Company shall have the right to refuse him access to all or some of the Application and/or the Services, unilaterally and without prior notification.

8.2. Limitation of liability of the Company

8.2.1. Exclusion of liability of Company

Subject to Article 8.2.1 of these Terms & Conditions, User acknowledge and agree that the Company shall not be liable to any User, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions for any losses not limited to financials losses, delays, injuries, reputation, which occurred to Users by using the Application.

The Company shall have no responsibility for supervising, directing or controlling the User (who, as stated in Article 8 above, shall be treated for the purposes of these Terms & Condition as carrying on his own business in its own name).

The Company shall be under no obligation to compel an User to carry out any  services/performing arts, or to specify any basis or manner in which a services is carried out (which shall be the sole responsibility of the to determine).

The Company shall not be liable for any losses howsoever arising, in relation to any services/performing arts by the User or with regard to the acts, actions, behaviour, attitudes and/or negligence of the User.

The User is solely responsible for breaches and/or violations of the legislation applicable to him and to these Terms & Condition for damages that may arise owing to these violations and/or breaches.

The User shall be liable for, and shall compensate, the Company and/or any other User and/or a third party in respect of any claims, complaints, remedies and petitions, of any nature, resulting from such a violation or breach, relating to: i) the use of the Application by the User; ii) the relationship between the User and the User; iii) the operation of the Method of Transport with regards to the User; and iv) the Services with regard to the User.

The User shall compensate the Company and/or third parties for any direct and indirect damages resulting from such violations and/or breaches.

8.2.2. Indemnity

The User shall indemnify, defend and/or settle and hold harmless the Company against any loss or damage (including legal costs) which the Company may sustain or incur, in relation to any third party claim, to the extent such claim is based upon any breach by the User of the provisions of these Terms & Condition.

 

8.2.4. Specific guarantees of the User

The User of Buddey Talent Application shall comply with all applicable legislation which relates to the activities they engages through the use of Buddey Buskers Pod.

The Users shall comply with all applicable legislation and regulations, including, for obtaining any consent for use of others work, music rights, corporate entities, applicable employment legislation (respect for maximum working duration of its employees, for example), and shall make all declarations (tax or social security, for example) required of him/it with regard to his activity as an User, and the Company shall not be liable for any compliance or failure to comply by the User.

 

  1. Intellectual property

9.1. Copyright over the Application

The Company is the holder or licensee of the Intellectual Property Rights both of the general structure of the Application and of its content (texts, slogans, graphics, images, videos, photos and other content), to the exclusion of those provided by its Users.

Any representation, reproduction, modification, distortion and/or total or partial exploitation of the Application and/or the Services, by any process and by any means, without the express prior permission of the Company, is prohibited and constitutes acts of infringement of copyright.

The Company intends to disclose the Application and the Services only in order to enable its access to the internet, such as on mobile phone:

from a computer or an equivalent device having access to one or more telecommunications networks enabling internet access and an internet browser (Internet Explorer, Mozilla Firefox, etc.); and/or a phone handset having access to a telecommunications network enabling internet access, with the Application installed.

Any other use of the Application and/or the Services is deemed automatically reserved to the Company and constitutes an infringement of its right of disclosure over the Application and/or the Services.

Under the rights granted above, the Application may be used in compliance with its exclusive purpose, notably in compliance with the terms of these Terms & Condition and solely for the personal or business needs of the User.

The User recognises and accepts that the access to the Application provided to it by the Company does not entail any assignment or licensing of Intellectual Property Rights (notably copyright) and other rights to the User.

Save with the prior written permission of the Company, the User shall not under any circumstances: i) combine the Application with any other work, particularly software; ii) provide the Application by any means to a third party; or iii) lease or transfer all or part of the Application to a third party, including other companies and entities of the group to which he belongs, and is prohibited from any use other than that granted by these Terms & Condition.

The User shall not, directly or indirectly, including by any third party, by any means, without limitation, modifying, correcting, adapting, translating, arranging, disseminating, transferring, distributing, decompiling, making copies or backups outside of the conditions set out in these Terms & Condition, granting a loan, rental, assignment or any other type of provision, irrespective of the means, including via the internet, distributing or marketing free of charge or for a valuable consideration, etc., the Application, and generally altering it in any way whatsoever, including the copyright statements, or attempting to do any of these things.

9.2. Databases

The User irrevocably acknowledges and agrees that the Application is constituted of one or more databases provided by the Company in the capacity of producer to the User who is granted a license of the said databases to enable him/it to use the Application and the Services.

The User shall not:

extract by permanent or temporary transfer all or a qualitatively or quantitatively substantial part of the content of one or more databases accessible on the Application, by any means and in any form, including for the purposes of use or viewing via a media and/or a process not permitted by the Company;

reuse, by provision to the public of all or a qualitatively or quantitatively substantial part of the content of one or more databases accessible on the Application, irrespective of the form, including via a hypertext link, any media and/or process not authorised by the Company;

constitute, publish, maintain, update, import, export or provide to third parties, free of charge or for valuable consideration, or participate in the aforementioned acts, a competing database derived from all or part of one or more of the Company’s database(s);

view on a screen by a process or media other than those by which the Company intends to disclose the Application and the Services as specified in Article 9 of these Terms & Condition;

extract, use, store, reproduce, represent or conserve, directly or indirectly, partially or in whole, including in buffer or temporary memory, a qualitatively or quantitatively substantial part of the content of one or more databases of the Company committed by one of the processes set out above, including via any media not authorised by the Company.

 

  1. Duration – suspension – termination

Without affecting any other right or remedy available to it, any Party may terminate these Terms & Condition:

at any time with immediate effect using the procedure accessible via the Application;

if the other Party(“User”) commits a breach of its obligations under these Terms & Condition and fails to remedy such breach within a reasonable time following written notice from the other Party. Without affecting any other right or remedy available to it, the Company may at its option, suspend access to the Services and/or terminate these Terms & Condition at any time with immediate effect upon notice to the User including but not limited to:

if the User fails to pay for a Services in circumstances, or where an User informs the Company that it wishes to bring to an end the contractual relationship between itself and the User;

if a User deliberately provides inaccurate or dubious information, fails to update information provided to the Company (such as Login Information), or fails to respond to the Company’s requests (such as in relation to the accuracy of the information he has provided);

if a User uses the Service in a way which contravenes these Terms & Condition.

On termination or expiry of these Terms & Condition:

any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Terms & Condition which existed at or before the date of termination or expiry, shall not be affected;

User shall return to the Company all accessories given to them by the Company pursuant to Article 9 of these Terms & Conditions;

Users shall delete and/or destroy any personal data they have about other Users which they obtained for the purposes of providing or receiving the Services;

the following articles of these Terms & Condition shall continue in full force: Article 8 (Limitation of liability of the Company), Article 9 (Intellectual Property), Article 11(Confidentiality) and Article 21 (Applicable law).

In the event of suspension of access to the Services and/or termination of these Terms & Condition in accordance with this Article 12, the User shall have no right to any reimbursement or compensation for any loss suffered by it or any third party.

 

  1. Confidentiality

Each party shall keep strictly confidential and not disclose to any third party, direct or indirectly all or some of the confidential information that may have been communicated on behalf of another Party.

 

  1. Transfer of the Terms & Condition

The Company may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under these Terms & Condition. The User hereby declares to accept any change of control in the person of the Company and recognises any successor thereto as his co-contractor.

These Terms & Condition are personal to the User and the User shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms & Condition without the prior written agreement of the Company. Any breach of the foregoing shall entitle the Company to terminate the User’s Account, without prejudice to any damages that the Company may also be entitled to claim on this ground.

 

  1. Accrued interest

The Parties agree that any amounts of interest accrued or accruing on sums paid to the Company for any reason (where by reason of payment, prepayment or refund) shall accrue to, and be for the benefit of, the Company only and for no other person.

 

  1. Independence of the Users

Nothing in these Terms & Condition is intended to, or shall be deemed to, establish any partnership, joint venture, employment or worker relationship between any of the Parties, constitute any Party the agent of another Party, or authorise any Party to make or enter into any commitments for or on behalf of any other Party.

Each Party confirms it is acting on its own behalf and not for the benefit of any other person.

The Parties acknowledge and agree that the Terms & Conditions do not under any circumstances establish a hierarchy or any link of subordination between them and confirm that their contractual relationship does not pertain to a salaried activity. The Parties also acknowledge that these Terms & Conditions do not establish any contract between the User and the Company for the Services (which shall be provided to the User solely by the User on the platform, acting in its owns name).

The User shall manage or organise his services in complete independence, in compliance with these Terms & Conditions.

This independence is conveyed to the User by:

the fact that the User is solely responsible for the services he carries out, such as but not limited to  activities as street performances, organising activities and events on his own behalf or on behalf of third parties, for his sole profit or for the profit of third parties, and at such frequency and on such scale as he alone decides;

the freedom the User holds in the execution of the Service requested by user conferred on him via the Application. The User is notably: (i) free to decide on his periods of availability or unavailability to execute the offer of services, which he indicates on the Application.

14.1. Opt out of Arbitration

Arbitration is not compulsory of your contractual relationship with the Company. If you do not agree to the arbitration terms, you may write to teambuddey@gmail.com with the following subject format “Opt out of Arbitration: (Name)”

 

  1. Miscellaneous

15.1. Entire agreement clause

These Terms & Conditions, and including their annexes, constitute the entire agreement between the Parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter.

Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms & Conditions. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms & Conditions. Nothing in this clause 15.1 shall limit or exclude any liability for fraud.

15.2. Severance

If any provision or part-provision of these Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms & Conditions.

If any provision or part-provision of these Terms & Conditions is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

15.3. Headings

Article, section and annex headings shall not affect the interpretation of these Terms & Conditions.

 

  1. Third party rights

No one other than a Party to these Terms & Conditions (and their successors and assigns) shall have any right to enforce any of the terms of these Terms & Conditions.

 

  1. Waiver

No failure or delay by a Party to exercise any right or remedy provided under these Terms & Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

  1. Variation

No variation to these Terms & Conditions and Special Conditions shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).

 

  1. Applicable law and jurisdiction

These Terms & Conditions and Special Conditions are subject to the laws of Malaysia and the Court of Malaysia shall have the exclusive jurisdiction in regard to the same.

Each Party irrevocably agrees that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions and Special Conditions or their subject matter or formation (including non-contractual disputes or claims). In the event of difficulty, notably in the interpretation, execution, cessation or termination of the Terms & Conditions, the Parties shall first seek an amicable solution, in the absence of which they expressly accept, within the limit of the legislation, to submit any dispute relative to the Terms & Conditions to the exclusive jurisdiction of the courts of Malaysia.