Last updated: 28th of March 2017
Booku Rent Sdn Bhd provides an online platform for anyone to list and rent books from anywhere (the “Services”) which services are accessible via https://booku.rent (the “Site”). Other key terms are:
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH BOOK OWNERS MAY CREATE LISTINGS FOR BOOKS AND BOOK RENTERS MAY RENT BOOKS DIRECTLY WITH THE BOOK OWNERS. YOU UNDERSTAND AND AGREE THAT BOOKU IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BOOK OWNERS AND BOOK RENTERS, NOR IS BOOKU A BOOKSTORE, LIBRARY, PUBLISHER OR INSURER. BOOKU HAS NO CONTROL OVER THE CONDUCT OF BOOK OWNERS, BOOK RENTERS AND OTHER USERS OF THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON BOOKU, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH BOOKU IS LIMITED TO BEING A USER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF BOOKU FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF BOOKU. BOOKU DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A USER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF BOOKU, INCLUDING BY INAPPROPRIATELY USING ANY BOOKU INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON BOOKU’S SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Booku reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Services Fees, at any time and without prior notice. If we modify these Terms, we will update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site or Servicess will constitute acceptance of the modified Terms.
In order to access certain features of the Site, and to rent a Book or create a Listing, you must register to create an account (“Booku Account“) and become a User. At this point in time you may register to join the Servicess by logging into your account with certain either Facebook or Google via our Site.
Your Booku Account and your Booku profile page will be created for your use of the Site based upon the personal information you provide to us or that we obtain via a Facebook or Google. You may not have more than one (1) active Booku Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Booku reserves the right to suspend or terminate your Booku Account and your access to the Site and Servicess if you create more than one (1) Booku Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Services.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
As a User, you may create Listings. To create a Listing, you will be asked a variety of questions about the Book to be listed, including, but not limited to, Book title, author, language, genre, ISBN number, number of pages, publisher, upload photos, width, height, thickness, weight, typeof binding, type of wrapping, rate per day, currency, minimum rental days and maximum rental days.. In order to be featured in Listings via the Site and Services, all Books must fulfill all criteria above. Listings will be made publicly available via the Site and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Book Renter and Book Owner preferences, ratings, location and/or ease of Renting.
Other Users will be able to rent your Books via the Site based upon the information provided in your Listing, Book Renter’s requirements, and Book Renter’s search parameters and preferences. You understand and agree that once a Book Renter requests a Book, you may not request the Book Renter to pay a higher price than in the Renting Request.
You acknowledge and agree that you alone are responsible for any and all Listings and User Content you post.
If you are a Book Owner, you understand and agree that Booku does not act as an insurer or as your contracting agent. If a Book Renter requests a Book from your Listing and the Book is rented out, any agreement you enter into with such Book Renter is between you and the Book Renter and Booku is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Users who are eligible to request a Renting of your Book, such as requiring Users to have a profile picture or verified phone number, in order to rent your Book. Any User wishing to rent Books included in Listings with such requirements must meet these requirements.
Booku does not endorse any User, Listing or Book. Users are required by these Terms to provide accurate information. Although Booku may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users and/or screen User information against third party databases or other sources, we do not make any representations about, confirm, or endorse any User or the User’s purported identity or background.
Any references in the Site or Services to a User being “verified” or “connected” (or similar language) only indicate that the User has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Booku about any User, including of the User’s identity and whether the User is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to rent with a Book Owner or to accept a Renting request from a Book Renter, or to have any other interaction with any other User.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Booku with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Site and Services regarding any Renting or Listings made by you. This limitation shall not apply to any claim by a Book Owner against Booku regarding the remittance of payments received from a Book Renter by Booku on behalf of a Book Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
A. Key definitions
B. Renting and Financial Terms for Book Owner
If you are a Book Owner and a Renting is requested for your Listing via the Site or Services, you will be required to either approve or reject the Renting Request within the Renting Request Period, otherwise the Renting Request will automatically expire. When a Renting is requested via the Site or Services, we will share with you a link to the Book Renter’s Booku Account profile page. The Book Renter will not be charged with any fee until you approve the Renting Request. When you approve a Renting Request by a Book Renter, Booku will send the Book Renter a Communication confirming such approval and prompt the Book Renter to make the necessary payment of fees.
Booku will collect the Total Fees from Book Renter at the time of the Book Renter hit the pay button on the Site.
C. Renting and Financial Terms for Book Renter
The Book Owner, not Booku, are solely responsible for honoring any approved Renting Requests and making available any Listings reserved through the Site and Services. If you, as a Book Renter, choose to enter into a transaction with a Book Owner for the Listing of a Book, you agree and understand that you will be required to enter into an agreement with the Book Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Listing imposed by the Book Owner.
You acknowledge and agree that you, and not Booku, will be responsible for performing the obligations of any such agreements, that Booku is not a party to such agreements, and that Booku disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Book Renter before the Book Renter sends a Renting Request to a Book Owner. As noted above, the Book Owner is required to either approve or reject the Renting Request within the Renting Request Period; otherwise, the Renting Request will be automatically cancelled. Upon receipt of your Renting Request, Booku may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a Renting Request is cancelled (i.e. not approved by the applicable Book Owner), any amounts collected by Booku will be refunded to such Book Renter, depending on the selections the Book Renter makes via the Site, and any pre-authorization of such Book Renter’s Payment Method will be released, if applicable.
You as a Book Renter agree to pay the Total Fees for any Renting Request, and in most cases approved, in connection with your Booku Account. Booku will collect the Total Fees pursuant to the Payments Terms.
Once your approved Renting transaction is complete you will receive a confirmation Communication summarizing your approved Renting Request.
D. Services Fees and Other Fees
In consideration for the use of Booku’s online marketplace and platform, Booku charges Services Fees. Booku collects these Services Fees pursuant to the Payments Terms. Booku will deduct the Book Owner Fees from the Rental Fees before remitting the balance to the Book Owner as described in the Payments Terms. Book Renter Fees are, as noted above, included in the Total Fees.
E. Cancellation and Refunds
If, as a Book Renter, you wish to cancel an approved Renting Request made via the Site and Services, you can do so by hitting the cancel button on your Booku Account page. Book Renter is not allowed to cancel a Renting after the payment is successfully made.
If, as a Book Owner, you wish to cancel an approved Renting Request made via the Site and Services, you can do so by hitting the cancel button on your Booku Account page as long as the Book Renter has not made a successful payment. Once the Book Renter made a successful payment, the Book Owner is not allowed to cancel the Renting.
As a Book Renter, you are responsible for taking a good care of the Book and keeping it in the condition it was in when you received it. You acknowledge and agree that, as a Book Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you provide access to the Book. In the event that a Book Owner claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged Book with equivalent Book.
Book Renters agree that an approved Rental Request is merely a license granted by the Book Owner to the Book Renter to enter and use the Book for the limited duration of the approved Rental Period and in accordance with the Book Renter’s agreement with the Book Owner. Book Renters further agree to keep the Book no later than the Return Time that the Book Owner specifies in the Listing or such other time as mutually agreed upon between the Book Owner and Book Renter. If a Book Renter keeps the Book past the agreed upon Rental Period without the Book Owner’s consent, they no longer have a license to keep the Book and the Book Owner is entitled to charge the Book Renter additional Rental Fee.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Services. In connection with your use of the Site and Services, you may not and you agree that you will not:
The Site and Services are protected by copyright, trademark, and other laws of Malaysia and foreign countries. You acknowledge and agree that the Site and Services, including all associated intellectual property rights, are the exclusive property of Booku and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Booku used on or in connection with the Site and Services, and Booku Content are trademarks or registered trademarks of ooku in Malaysia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site and Services are used for identification purposes only and may be the property of their respective owners. As a Book Owner, Book Renter, or User, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site and Services.
Subject to your compliance with these Terms, Booku grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Booku Content solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Booku or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site, Services, or through Booku promotional campaigns, you hereby grant to Booku a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Site and Services. Booku does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site, Services or through Booku promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site, Services or through Booku promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Booku the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Booku’s use of the User Content (or any portion thereof) on, through or by means of the Site, Services or Booku promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Booku is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Booku of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Booku respects copyright law and expects its users to do the same. It is Booku’s policy to terminate in appropriate circumstances the Booku Accounts of Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Booku’s Copyright Policy for further information.
IF YOU CHOOSE TO USE THE SITE OR SERVICES OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BOOKU DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, BOOK RENTERS AND BOOK OWNERS. BUT MAY CONDUCT SUCH BACKGROUND CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A USER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, SERVICES AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOOKU EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BOOKU MAKES NO WARRANTY THAT THE SITE, SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY BOOKS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BOOKU MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOOKS, BOOK OWNERS, BOOK RENTERS, THE SERVICESS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOOKU OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY BOOK OWNERS OR BOOK RENTERS. YOU UNDERSTAND THAT BOOKU DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW ANY LISTINGS OR BOOKS. BOOKU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, BOOK RENTERS AND BOOK OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY BOOKU. BOOKU EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY BOOK RENTER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES, YOUR LISTING OR RENTING OF ANY BOOKS VIA THE SITE AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BOOKU WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER BOOKU NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR RENTING OF ANY BOOK VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOOKU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE BOOK OWNERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE BOOKU BOOK OWNER GUARANTEE, IN NO EVENT WILL BOOKU’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR RENTING OF ANY BOOK VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY BOOK OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR RENTING VIA THE SITE AND SERVICES AS A BOOK RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A BOOK OWNER, THE AMOUNTS PAID BY BOOKU TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED RINGGIT MALAYSIA (MYR100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOOKU AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Booku and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or Services, or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) Renting of a Book, or (iii) creation of a Listing; (d) the use, condition or Renting of a Book by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Renting or use of a Book; and (e) your participation in the Referral Program.
Except as they may be supplemented by a document referenced and incorporated herein or by additional Booku policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Booku and you regarding the Site, Services, and any Renting or Listings of Books made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Booku and you regarding Renting or listings of Books, the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Booku’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Booku may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Booku (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws of Malaysia, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Malaysia for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
If you reside in Malaysia, you and Booku agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The failure of Booku to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Booku. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If you have any questions about these Terms, please contact Booku.