1.
Background
Theta Innovation Sdn Bhd and its subsidiaries, parent
company, affiliates, associated companies, and jointly
controlled entities (collectively, “Theta," "we," "us," or
"our") values and respects the privacy of the people we
deal with. We are the owners and operators of the
BolehBook family of websites [individually "Website/s" or
collectively "Our Websites"]. By using any of our webs You
accept that you shall be bound by our current General
Terms of Use ("General Terms"), and our Privacy Policy.
Our website conditions set out the terms between you and
us under which you may use or access our websites. Our
website conditions apply to all users of our websites.
Theta Innovation Sdn Bhd reserves the right to change the
terms contained in our website conditions at any time. You
are responsible for regularly reviewing all applicable
contractual terms which are be posted on our websites for
the use of such websites and services provided.
If you do not accept our website conditions, do not use
any of our websites. We do change our website conditions,
from time to time, so you should review them each time
that you visit the website/s.
2.
Offer and Acceptance
All ticket listings on this platform constitute an
invitation to treat, and not an offer. When a user selects
ticket and proceeds to payment, they are making an offer
to purchase that ticket.
A binding agreement is only formed upon successful
completion of payment and issuance of the e-ticket. The
system will automatically send an e-ticket to the email
address provided, serving as formal acceptance of the
user's offer.
The organiser or platform reserves the right to reject any
ticket purchase or refund a transaction for any reason,
including but not limited to fraudulent activity, pricing
errors, or system glitches.
3.
Legal Capacity
3.1
Individual
1.
You may access and browse any of Our Websites regardless
of age, provided that You agree to and comply with Our
Website Conditions.
2.
However, if You wish to create an account or make an offer
to purchase Products or Services,
You must be at least eighteen (18) years of age
and must register an account with Us.
3.
If You are under the age of eighteen (18), You are not
permitted to open an account, register with Us, or place
any orders for Products or Services. In such cases, You
may only proceed if Your parent or legal guardian provides
their consent and undertakes these actions on Your
behalf—provided they are agreeable to do so.
3.2
Legal Person
If You open an account to order Services from us, and You
act on behalf of a legal person [see definitions section
below], You hereby warrant and undertake that You possess
the authority to bind Yourself, Your principals or
employers [or the legal person named by you] with whom You
are engaged with or acting as employee or agent for.
4.
Registration and Account Creation
1.
As part of the registration and account creation process
necessary to obtain access to certain of Our Websites, or
of particular Services, including those portions that
require a fee or payment for access, You shall select a
username and a password. You shall not:
2.
You shall provide to Us documentary proof of identity
documents, such as scanned copies of Your Identity Card,
Passport or Company profile, should such be necessary. We
reserve the right to deny creation of Your account based
on Our inability to verify the authenticity of the
registration information or documents provided by you.
3.
You shall be solely responsible for maintaining the
confidentiality of Your username and password combination.
You shall immediately notify Us in writing of any known or
suspected unauthorized use of Your account, or any known
or suspected breach of security, including loss, theft, or
unauthorized disclosure of Your password or credit, debit,
charge card or banking information.
4.
You are fully responsible for all usage and activity on
Your account, including, but not limited to, use of the
account by any third party authorized by You to use Your
username and password combination. The use of Your account
by any individual under the age of eighteen (18) is
strictly prohibited.
5.
If the computer system on which You accessed Our Websites,
or Services on Our Websites, is sold or transferred to
another party, You are advised to delete all cookies and
software files obtained by or through use of Our Websites
or of the Products or Services used or accessed by You.
6.
Whether as an individual or as a business user, You agree
to maintain only one account with us at any time for the
Provision of any Service, unless otherwise agreed between
us. At the time of account creation, You certify that You
have no other account(s) with us.
5.
Payment Mediums
1.
All payments must be effected in the currency of Malaysia
(MYR).
2.
Payments may be made using the following payment mediums:
3.
The Services ordered shall only be provided to You once We
have received cleared payment of Our invoice.
4.
For Services to be provided to you, the service will be
activated upon Our receiving cleared payment from You
against Our invoice.
5.
Once payment has been cleared into Our Bank accounts, We
shall provide You notifications by email advising You:
6.
Payments by Cheque shall comply with the following
requirements: Cheque Payment shall be Made in favour of:
THETA INNOVATION SDN BHD, and posted to this Postal
Address : 11B, Jalan 51a/223, Seksyen 51a, 41600, Petaling
Jaya, Selangor.
7.
Interbank, swift or wire Payments shall be paid to Our
Bank Account as follows:
8.
Where payment has not been received by Us within fourteen
days of the issue of Our Invoice, We reserve the right to
cancel Your order without any recourse by You. We reserve
all of Our legal rights in such an instance for any costs,
expenses or charges incurred by Us which We shall have the
right to recover against You for such cancelled orders.
6.
Intellectual Property
1.
All Content included on Our Websites, including, but not
limited to, text, graphics, logos, icons, images, data
compilations, page layout, underlying code and software is
the property of Theta Innovation Sdn Bhd, our affiliates
or other relevant third parties. By continuing to use Our
Websites you acknowledge that such materials are protected
by applicable Malaysia International intellectual property
laws, the applicable laws of other countries or under
international law or conventions.
2.
You shall not reproduce, copy, distribute, store or in any
other fashion re-use material from Our Websites, unless
otherwise indicated on the Websites, or unless given
express written permission to do so by Us.
7.
Links to Our Websites
Those wishing to place a link to Our Websites may do so
only to the home page of our Website which is :
https://www.bolehbook.com.my/
without prior permission. Deep linking (i.e. links to
specific pages within our Websites) requires our express
permission. To find out more please contact Us by email at
support@bolehbook.com
8.
Accounts and Registration
1.
In order to procure specific Services on Our Websites ,
You are required to create an Account which will contain
certain personal details and Payment Information which may
vary based upon Your intended use of Our Websites and its
Services. By continuing to use Our Websites You represent
and warrant that:
2.
Theta Innovation Sdn Bhd accepts no responsibility or
liability for any loss or damage incurred by You as a
result of Your Account details being shared by You with
any third parties. If You use a shared computer, it is
recommended that You do not save Your Account details in
Your internet browser.
3.
If You have reason to believe that Your Account details
have been obtained by another person without Your consent,
You should contact Us immediately at support@bolehbook.com
to suspend Your Account and cancel any unauthorized orders
or payments that may be pending.
9.
Termination and Cancellation
1.
Only Theta Innovation Sdn Bhd reserves the right to
terminate Your Account at any time, at its sole
discretion. If We terminate Your Account, You will be
notified via email, and an explanation may be provided
where appropriate. Notwithstanding the foregoing, We may
terminate Your Account without providing any reason or
prior notice.
2.
If Theta Innovation Sdn Bhd terminates Your Account, any
current or pending orders or payments on Your Account will
be cancelled and the provision of Products or Services to
You will be cancelled.
3.
Theta Innovation Sdn Bhd reserves the right to cancel
orders or payments without stating any reasons for the
same. Such may be effected at any time prior to the
processing of any payment by You or the commencement of
any ordered for Products or Services.
4.
If orders or payments are cancelled for any reason prior
to delivery of the Products to You, or commencement of the
Services, You will be refunded any monies paid in relation
to those purchases or transactions.
10.
Payments
1.
Any and all monies are due for payment on completion of
the order or on the dates, or intervals specified in that
Order as may be applicable, unless alternative
arrangements are agreed between You and Theta Innovation
Sdn Bhd.
2.
Agreed Interest for late payments shall be charged at the
rate of
two [2] percent per
month until all sums due and owing by You have been paid.
11.
Products and Services Pricing and Availability
1.
All pricing information, or fees or charges, for Services
on Our Websites are correct at the time of going online.
You hereby agree that Theta Innovation Sdn Bhd reserves
the right to change prices, fees or charges and alter from
time to time as it deems necessary.
2.
All prices fees or charges on Our Websites do not include
GST, unless otherwise specified.
3.
The final price that shall be paid by You shall be
itemized and specified in our Invoice which shall include
the following items as are applicable:
12.
Service Availability
1.
During the term of the applicable, BolehBook will use
reasonable efforts to achieve a Monthly Uptime Percentage
of at least 99.5% for any calendar month. The following
are not counted as Downtime:
2.
Support Services.
Support consists of assistance provided to customers via
the Internet regarding the use of the BolehBook
application and the resolution of issues. Support cases
are tracked and managed through email services operated by
BolehBook’s support center. Basic support is available
Monday through Friday during BolehBook’s business hours,
excluding public holidays.
13.
Provision of Services
1.
Provision of Services shall commence when full payment has
been received by Theta Innovation Sdn Bhd.
2.
BolehBook shall use its best endeavors to provide the
services with reasonable skill and care.
3.
Provision of all Services shall be subject to the Website
Terms which apply to the specific Services ordered by
you.
4.
In the event that the Services provided are not in
conformity with your Order and are thus incorrect or
incomplete, you should contact us within two (2) days to
inform us of the issue. BolehBook will ensure that any
necessary corrections are made within a reasonable time
frame.
5.
BolehBook reserves the right to make changes or
alterations to the Services from time to time.
14.
Software or Provided with any Products or Services
1.
Where any Services include software or apps for use in
connection with the ordered Services, such software or
apps may be subject to an End User License Agreement
("EULA") or other contractual terms provided by a
third-party owner or licensor. You agree to comply with
any such EULA or Terms of Use applicable to the software.
2.
If the software are not accompanied by a EULA or Terms of
Use, then Theta Innovation Sdn Bhd grants you a
non-exclusive, revocable, personal, and non-transferable
license to use such software solely in connection with the
Services provided through BolehBook, and in accordance
with our Website Conditions.
15.
Returns and Refunds
1.
BolehBook aims to always provide high-quality products and
services that are fault-free and undamaged. However, on
occasion, goods may need to be returned. Returns are
governed by these Terms and Conditions
2.
If any tickets purchased contain errors (e.g., incorrect
event details, missing QR codes), the Purchaser should
contact Bolehbook support within ten (10) working days for
assistance. Bolehbook is not responsible for refunding or
replacing tickets due to user errors or change of mind.
Refunds, if applicable, will be processed through the
original payment method, subject to the event organizer's
refund policy.
3.
If a purchased ticket is not received due to a system
error, incorrect email entry, or other technical issues,
the Purchaser should contact Bolehbook support within ten
(10) working days for assistance. Bolehbook is not
responsible for ticket non-delivery due to incorrect
user-provided details or email filtering. Any refunds, if
applicable, will be subject to the event organizer's
refund policy.
4.
BolehBook reserves the right to exercise discretion in
resolving any service-related issues or refund requests
under these Website Conditions. Factors that may be
considered include, but are not limited to: the nature of
the issue, the time elapsed since the service was
delivered, the Purchaser’s usage history, and any evidence
provided to support the claim
5.
Tickets purchased are valid only for the specified event,
date, and time. Once the event has taken place, tickets
cannot be refunded or exchanged. Any refund requests due
to event cancellations or rescheduling are subject to the
event organizer's policy.
16.
Disclaimers
You hereby irrevocably acknowledge and agree that:
1.
BolehBook makes no warranty or representation that Our
Websites, and Services, shall meet Your requirements, that
it will be of satisfactory quality, that it will be fit
for a particular purpose/s, that it will not infringe the
rights of third parties, that it will be compatible with
all computer systems, that it will be secure, and that all
information provided will be accurate. We make no
warranties or guarantees of any specific results from the
use of Our Websites and of the Products and Services
offered thereat.
2.
BolehBook is not responsible for any material created or
submitted by Users of Our Websites. No material created by
Users is endorsed or otherwise supported by BolehBook.
BolehBook assumes no responsibility for any offence, loss
or other harm resulting from material created or submitted
by Users.
3.
No part of Our Websites is intended to constitute
professional opinion or advice and the content of Our
Websites shall not be relied upon when making any
decisions or taking any action of any kind.
4.
The data and information on Our Websites are not designed
with commercial purposes in mind. BolehBook makes no
representation or warranty that the content of Our
Websites are suitable for use in commercial situations or
that it constitutes accurate data and / or professional
advice on which business or financial decisions can be
based.
5.
All Users are expressly warned that they secure and obtain
the advice of professional persons [such as lawyers,
accountants, and property surveyors or valuers] when
making a decision as to whether to enter into a
transaction relating to real property.
6.
Whilst every effort has been made to ensure that all
descriptions of Products and Services available from Our
Websites correspond to the actual Services available,
BolehBook is not responsible for any variations from these
descriptions.
7.
Whilst BolehBook uses reasonable endeavours, on a best
efforts basis, to ensure that Our Websites, and our
Services, are secure and free of errors, viruses and other
malware, all Users are advised to take responsibility for
their own security, that of their personal details and
their computers.
17.
Availability OF Our Websites And Of Our Services
1.
You hereby irrevocably agree that Our Websites and
Services provided on Our Websites, or any of them, are
provided on an "AS IS", on an "AS AVAILABLE", and on an
'WITH ALL FAULTS ACCEPTED' basis. We make and give no
representations, warranty or conditions, whether
statutory, express or implied, that the Services shall be
free of defects and / or faults. To the maximum extent
permitted by law, We provide no warranties (statutory,
express or implied) of fitness for a particular purpose,
accuracy of information, compatibility, reliability or of
satisfactory quality.
2.
BolehBook accepts no liability for any disruption or
non-availability of Our Websites, or of its Products and
Services resulting from external causes, including, but
not limited to, ISP equipment failure, host equipment
failure, communications network failure, power failure,
natural events, force majeure events, acts of war or legal
restrictions and censorship.
18.
Limitation of Liability
To the maximum extent permitted by law, BolehBook accepts
no liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect,
consequential, punitive, special, or exemplary damages
arising from the use of any of our Websites, our services,
business interruption or loss of profit, business
opportunity, or goodwill, or any information contained
therein. Users should be aware that they use Our Websites,
our Products and services, and its Content at their own
sole risk.
i.
No Waiver
In the event that BolehBook fails to exercise any right or
remedy contained herein, such failure shall not be
construed as a waiver of that right or remedy.
ii.
Third Party Rights
Nothing in our Website Conditions shall confer any rights
upon any third party/parties. The agreement created by
these Website conditions is between You and BolehBook, its
subsidiaries or affiliates.
19.
Electronic and Mobile Communications
1.
BolehBook may choose to deliver all communications to You
electronically, which may include: (a) email [to the email
address that You provide to BolehBook upon registration].
2.
You agree to do business electronically with BolehBook,
and to receive electronically all current and future
notices, disclosures, communications and information. You
hereby agree that the afore mentioned communications or
notices provided electronically satisfies any legal
requirement that such communications be in writing.
3.
You agree that You meet the following technical
requirements and are able to access and retain copies of
notices and information sent or made available
electronically:
4.
Notices that are required to be sent to Us in hard copy
shall be given to Us either by hand or courier delivery or
posted to our Offices at Theta Edge Berhad, 11B, Jalan
51a/223, Seksyen 51a, 41600, Petaling Jaya, Selangor. Such
notice will be deemed received 3 days after posting if
sent by post, and the day of handover if delivered by
hand.
20.
Events Beyond Our Reasonable Control (Force Majeure)
Theta Innovation Sdn Bhd shall not be held liable for any
delay or failure to fulfill its obligations under these
Website Conditions or any related agreement if such delay
or failure results from causes beyond its reasonable
control, including but not limited to force majeure events
such as natural disasters, war, acts of terrorism,
industrial actions, pandemics, or other unforeseeable
events.
21.
Disputes or Claims
Any controversy, claim, or dispute of whatever nature
arising between You and Theta Innovation Sdn Bhd (a
"Dispute"), including, without limitation, a Dispute
arising out of, or having to do with Your Use or Access to
Our Websites, including any Services, Content, or any
Agreement entered into between You and Us, shall be
resolved by binding arbitration.
Our agreement to arbitrate shall continue in full force
and effect despite the expiration, rescission, or
termination of the Agreement between Ourselves and You.
Either party may begin the arbitration process by giving a
written notice to the other party setting forth the nature
of the Dispute and its pertinent particulars.
The arbitration shall be in accordance with the Kuala
Lumpur Regional Centre for Arbitration Rules which shall
be deemed to be incorporated herein by this reference. The
arbitration shall be held in Kuala Lumpur, Malaysia, and
shall be conducted in the English Language. The award of
the arbitrator(s) shall be treated as final and binding on
the disputant parties and enforceable in any court of
competent jurisdiction.
In any Dispute which involves any claim or dispute where
the monies claimed [whether as loss, damages, compensation
or otherwise] exceeds more than MYR 100,000, three
arbitrators shall adjudge the dispute. For claims under
this sum, one arbitrator shall adjudge the dispute.
The arbitrator(s) shall have the authority to award actual
money damages (with interest on unpaid amounts from the
date due until repayment), specific performance, and
temporary injunctive relief, but the arbitrator(s) shall
not have the authority to award the excluded losses or
damages as is specified in these Website Conditions or in
any applicable Additional terms.
Either party may request the arbitrators to provide a
Reasoned Award in writing at the end of the arbitration.
The Award of the Arbitrators shall be provided in writing
no later than thirty [30] consecutive days from the date
that the arbitration ends.
The party that substantially prevails in the dispute shall
be entitled to its arbitration costs and attorney's or
solicitors fees, which matter shall be adjudged by the
arbitrator/s.
If a party fails to proceed with arbitration,
unsuccessfully challenges the arbitration proceedings, or
fails to fully comply with the orders or directions of the
arbitrators, the arbitrators and the other parties
involved in the arbitration shall nevertheless be entitled
to proceed with the arbitration until its conclusion.
Except as otherwise required by law, the parties agree to
maintain as strictly confidential all information or
documents obtained during the arbitration process,
including the resolution of the Dispute.
Notwithstanding the parties agreement to settle their
disputes by arbitration, the parties hereby agree that in
relation to intellectual property issues, or where the
rights of a party are in serious jeopardy, and
incalculable loss may be suffered by an innocent party,
then, in such an event, the aggrieved party shall be
entitled to move the High Court sitting in Kuala Lumpur,
Malaysia, so that equitable reliefs can be provided, such
as injunctions, declarations, accounts or specific
performance. The parties agree that resort to legal
process shall not stay the arbitration proceedings, which
shall proceed to resolve any other issues in dispute
between the parties.
22.
Definitions
The Definitions specified here shall, unless the context
requires otherwise, apply to our General Terms, and Our
Privacy Policy.
i.
"BolehBook" means Theta Innovation Sdn Bhd, its subsidiaries, affiliates, agents, servants and contractors.
ii.
"Account" means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on Our Websites.
iii.
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of Our Websites.
iv.
"Services" means collectively any online facilities, tools, Services [including interactive services] or information that BolehBook makes available through Our Websites either now or in the future.
v.
"Payment Information" means any details required for the purchase of Products or Services from our Websites. This includes, but is not limited to, credit / debit card numbers, bank account numbers and bank sorting codes.
vi.
"Purchaser" means any person or business that buys Goods from any of our Websites.
vii.
"Invoice" means collectively any invoices, receipts or similar document that may be in hard copy or electronic form.
viii.
"System" means any online communications infrastructure that BolehBook makes available through our Websites either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
ix.
"You" "Customer" "User" means You or any third party that uses or accesses Our Websites or our Products and Services.
x.
"Our Websites" means the websites that are specified at the preamble to these General Terms of Use.
xi.
"Affiliate" or "subsidiary" means any related or associate company of Theta Innovation Sdn Bhd including their successors, assigns, employees and agents.
xii.
"Agreement" or "Contract" means these Website Conditions, any applicable Additional Terms, and Policy terms which are applicable to the use of any of Our Websites, or for Services ordered, supplied or sought by You from Us which shall be specified in the relevant Website [or webpage], or such other document provided or displayed on Our Websites in relation to such Services.
xiii.
"Contents" means all information, text, sound, and music, Software, photographs, videos, graphics, data, messages or other materials.
xiv.
"Services" means any tangible or intangible Services listed on any of Our Websites.
xv.
'Individual' or 'natural person' shall mean a human being who has reached the age of majority and has legal capacity to contract.
xvi.
'Legal Person' means any entity created, formed, registered or incorporated pursuant to the Laws [or internal Laws] of a Country, State or any political subdivision thereof, or pursuant to International Law or Conventions. For the avoidance of doubts, such shall encompass a sole proprietorship, a general or limited partnership, a Company or Corporation [whether public or private, and whether with limited liability or unlimited liability], Trusts, Foundations, Societies, and Associations of Persons.
xvii.
A 'party' means either ‘BolehBook’ or a 'User' as is applicable to the context in which such expression is used.
xviii.
'The parties' means BolehBook and the User collectively.
xix.
'Us' 'We' 'Our' means BolehBook, its subsidiaries, affiliates and partners.
xx.
'Use' or 'Access' in relation to use or access to any of Our Websites and its services shall also apply to use or access via any mobile device or application.
xxi.
'User' 'You' 'Your' 'Subscriber' means you, the User of any of Our Website or Our Services.
xxii.
Our "Website Conditions" shall mean collectively our "General Terms" our "Privacy Policy", , which shall be deemed to apply to all Users, Subscribers or Members of all of Our Websites, and of our Services, unless the context provides otherwise.