The mobile applications of "BoBuy" are developed by and properties of Bareketbo Limited (the “Company”). The Company through its mobile applications (the “Applications”) provide an online platform in which users (as defined below) can browse different types of activities, deals, or services available, including but not limited to: hair salons, nails salons, spas, health companies, fitness companies, gyms, restaurants, bars, hotels, home services, personal services, automotive companies, retail businesses, ticket companies, and event companies to make reservations with such providers. By requesting a reservation through the Applications, the User makes an offer to book a reservation at the price currently listed for such reservation and other terms and conditions stated on the Applications, which shall become a binding contract when the payment has been accepted by the Company. The Company reserves the right to reject and/or cancel any service reservations as set out in these Terms and Conditions.
The Services provided through the Applications shall only be available to users, registered, viewing, uploading, posting, forwarding, and/or otherwise using the advertisements, promotional materials, views, comments, and/or other information on the Applications (collectively referred to as the “User” or “Users”). The Users refer to all individuals and/or entities accessing and/or using the Applications or the Services anytime and anywhere for any reasons or purposes. The Company grants the Users a limited, restricted, personal, non-transferable, non-sublicensable, and revocable license to access the Applications only as expressly permitted in these Terms and Conditions.
Use of the Applications is solely at the Company’s discretion and the Company reserves the right to prohibit anyone from: accessing, browsing, supplying information or materials to, or downloading information or materials from the Applications. The Users did not grant any rights in or to the Applications, any Services, or any information, other than the limited right to use the Applications, the Services, or the information according to the Terms and Conditions herein and the policies and procedures that the Company may adopt and makes available in the Applications. The Company may terminate the Users’ access to the Applications or the Services, or deactivate the User’s account at any time without any prior notifications to the User and without prejudice to all the Company’s other rights and remedies.
The Company reserves the right, at its sole discretion, to modify, suspend, or terminate the Applications or Services and/or any portion thereof, at any time for any reasons without notice to the Users.
When rendering the Services, the information which the Company discloses in the Applications is based on the information provided by the Company’s providers or suppliers (including but not limited to: hair salons, nails salons, spas, health companies, fitness companies, gyms, restaurants, bars, hotels, home services, personal services, automotive companies, retail businesses, ticket companies, event companies, their representatives, distributors, partners, etc.). Changes in market conditions or circumstances may occur on short notice, which may make the information displayed in the Applications inaccurate or outdated. As such, the Company cannot guarantee all information provided in the Applications is accurate, complete, correct, or up-to-date, nor will the Company be held responsible for any errors (including manifest and typographical errors).
The Company expressly disclaims any representations, warranties, or undertakings in relation to the qualities, statues, and adequacies of any providers listed.
The Applications may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Sites, including but without any limitations to any links contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other forms of transmission received from any Linked Sites. The Company is providing these links to you only for your convenience. The inclusion of any links does not imply endorsement by the Company or any association with its operators.
Once reservations made by the Users are accepted by the Company, the Users shall not cancel the reservations and all payments made by the Users are non-refundable.
The Company reserves the right not to accept the Users’ bookings or reservations at the Company’s discretion and for whatever reasons without any justifications. In exceptional cases, the Company also reserves the right, at its sole discretion, to cancel any confirmed reservations without any reasons. In the event in which a reservation, whether confirmed or not, is being cancelled by the Company, and in which a payment has already been made, the Company may refund the total amount charged within 30 business days at its sole discretion.
The Applications may contain communities, forums, bulletin board services, chat rooms, messengers, and/or other communication facilities designed to enable the Users to communicate with the public at large or within a group. The Users agree to use the Applications only to post and send and receive messages and materials that are proper and related to the particulars of the Services. As a condition of the Users’ use of the Applications, the Users warrant to the Company that the Users will not use the Applications for any purposes that are unlawful or prohibited by these terms, conditions, and notices. The Users shall not:
The Company has no obligations to monitor information or materials posted by the Users in the Applications. However, the Company reserves the right to review information or materials posted to the Applications and to share, edit, disapprove, reject, erase, or remove any information or materials in its sole discretion, and shall not be liable to provide any compensations to the Users. The Company also reserves the right to terminate the Users’ accesses to any or all of the Applications or Services at any time without notices for any reasons whatsoever.
The Company reserves the right at all times to disclose any information or materials as necessary to satisfy any applicable laws, regulations, legal processes, or governmental requests, or to edit, refuse to post, or remove any information or materials, in whole or in part, in the Company’s sole discretion.
The Users should be cautious when giving out any personally identifying information or materials about themselves in the Applications. The Company does not control or endorse the contents, information, or messages found in the Applications, and therefore, the Company specifically disclaims any liabilities in regard to any actions resulting from the Users’ participations in the Applications and/or Services. Managers and hosts are not authorized spokespeople of the Company, and their views do not necessarily reflect those of the Company.
Information or materials uploaded to the Applications may be subjected to posted limitations on usage, reproduction, and/or dissemination. The Users confirm they are consenting to the information or materials being shared whenever the Users use the Applications or Services to upload, post, and share the information or materials. The Users are responsible for adhering to such limitations if the Users download the information or materials. In the event the Users upload or post information or materials on the Applications, and subsequently delete and/or remove the same, or terminate their accounts, or the Company deletes any and/or removes such uploaded or posted information or materials, such information or materials will no longer be accessible by the Users who uploaded or posted the same via the Users' accounts; however, such deleted information or materials may still persist and appear on any parts of the Applications, and/or be used in any forms by the Company.
The Users shall use the Applications and Services at their own options, risks, and accords. The Users will hold the Company harmless for any activities related to their uses of the Applications or Services.
The Company shall not be responsible or held liable in any ways if any Users are in breach of the Terms and Conditions or use other Users’ personal information, data, or materials for any purposes. All Users accept that all personal information, data, or materials publicly provided by them on the Applications are voluntarily provided and are given entirely at their own risks. The Company shall not bear the responsibilities of protecting the personal information, data, or materials so publicly provided therein.
The User's credit card will be charged by the Company for all bookings made by the User through the Applications upon reservation of the booking. In order to make a booking, the User must be over 18 years old and have the full legal capacity to make the transaction. The User undertakes that the credit card the User is using in the Applications is the User’s own or one that the User is authorized to complete the booking with, and that there are sufficient funds to cover the costs of the transaction. The User shall accept any financial responsibilities for all transactions made under the User's account or name. The User further undertakes that the details provided to the Company during booking are completely correct. The Company reserves the right not to accept certain credit cards, and the Company may add or remove other payment methods at its discretion.
The Company has stringent fraud detection and prevention mechanisms in place. The Company may request additional information or verifications to validate and confirm the bookings.
Reservations are not confirmed until the User receives a confirmation mail with a voucher, and it is possible that the provider could become unavailable during the fraud check, in which case the reservation will no longer be available; the Company shall never be held liable in such cases. In the event that the User does not wish to submit any additional information as requested by the Company when making the booking or the Company is not satisfied with the information provided, the booking will not be completed and any amounts paid shall be refunded to the User.
All contents of the Applications including but not limited to the texts, images, information, layouts, graphics, pictures, sounds or audio formats, software, and trademarks are the intellectual properties of the Company or the Users (as the case may be), and are protected by applicable copyright, trademarks, or related intellectual property laws.
The Company does not in any way (directly or indirectly) own, manage, operate, or control the providers or any services. The providers are fully liable and responsible for providing the service(s) and welcome all individuals, the Users, who have booked through the Applications as their guests.
The Users hereby agree to indemnify and hold harmless the Company from and against any liabilities, damages, or losses including legal fees and expenses that the Company incurs or suffers as a result of any actions, inactions, or omissions by the User. If the User uses the Applications or Services for or on behalf of a third party, the User shall be responsible for any errors in the accuracy of information provided in connection with such use. In addition, the User shall inform the third party all applicable Terms and Conditions. The User suing the Applications or Services for or on behalf of a third party agrees to indemnify and hold the Company harmless from and against any and all liabilities, damages, losses, claims, and suits including but not limited to the costs of defense, relating to the third party’s use or the User’s failure to fulfill any obligations set out in these Terms and Conditions.
In the event that the providers are unable to provide the services which the User reserved through the Applications due to the occurrence of circumstances beyond the reasonable controls of the providers or the Company affected, including but not limited to typhoon, “black” rainstorm or when the “black rain” sign is hoisted by the Hong Kong Observatory, flood, fire, explosion, war, government directions or strikes seriously affecting the providers' businesses, and acts of God, the User shall inform the Company in writing within the same day of the reserved services day, and the Company will arrange the refunds of any related payments made within 14 business days after receiving the written notice.
Unless expressly specified in these Terms and Conditions, all payments made through the Applications by the User are non-refundable.
Business users will follow these conditions below for uploading deals in the “BoBuy” Applications:
In the event of any parts of the Terms and Conditions being or becoming void, unenforceable, or illegal, then those parts shall be severed from the Terms and Conditions to the extent that all parts that shall not be or become void, unenforceable, or illegal shall remain in full force and effect, and therefore be unaffected by such severance.
The Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong and the parties hereto submit to the non-exclusive jurisdiction of the Hong Kong Courts in the determination of any disputes arising hereunder.
Any claims, disputes, controversies, or differences arising out of or relating to this Terms and Conditions, including the existence, interpretation, performance, validity, breach, or termination thereof or any disputes regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules enforced when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.