TERM AND CONDITIONS

 

Thank you for using Su Buu Application/Website (hereinafter referred to as “Su Buu”). Accordingly, Su Buu offers a wide variety of resources, products and services, which include text, data, audio/visual materials, shopping services, branded and personalized content, communication tools, online directories and administrative services (the “Services”).  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  You should familiarize yourself with these Terms and Conditions and if you do not agree with them you should not proceed any further on Su Buu or with registration. When you use our technologies, products and services, you agree to be bound by these Terms and Conditions, which can be found in this section.

 

INTERPRETATION

 

“You” means the user that enters into these Terms and Conditions (and “your” shall be construed accordingly).

“We” or the “Company” or “nFunctions” means nFunctions Myanmar Company Limited, the company owns and operates SuBuu.

“Content” means any type of media (include but not limited as text, pictures, videos, music, game…) offered or provided by the Company;

“Services” has the meaning given to it in Clause, is any telecommunications or other service (including the supply, rental or installation of any equipment) offered or provided by the Company;

“Devices” means your mobile phone, your computer which are used to acce ss to Su Buu

“Terms and Conditions” means the rules by which one must agree to abide in order to use a service.

 

AUTHORITY

 

By registering and using Su Buu, you represent that you are at least 18 years old fully able and competent to voluntarily enter into the Terms and Conditions; otherwise, please exit Su Buu.

 

REGISTRATION, PASSWORD AND SECURITY

 

We are free to choose how we provide a Service and the technology used to provide it. You agree to provide us with all information, assistance and consents for the purpose of identification, management and provision of the best Services.

 

Whenever you provide us information on Su Buu, you commit that the information you provide is accurate and that you will maintain your information up to date. You are responsible for maintaining the security of any confidentiality of your usernames , passwords and registration information, and you are solely responsible for any use (authorized or not) of your accounts. Through your provision of your information and use of Su Buu you consent us to the collection and use of the information that you submit through Su Buu.

 

You agree to immediately notify us on any unauthorized activity regarding any of your accounts of any other breach of security so that we can prevent illegal and unpermitted access in your account. Notwithstanding, we may rely on the authority of anyone accessing your account or using your password. We make no representations or warranties concerning the security or content of information passing over our network. You are responsible for reviewing the classification information for any content you access using our Services.

 

We, in our own discretion, may with or without notice, suspend or terminate your access to Su Buu and refuse any and all your current or future use of Su Buu (or any portion thereof) if (i) you provide, or we have reasonable grounds to suspect, any information that is untrue, inaccurate, incomplete, or out-of-date or (ii) to ensure the security of Su Buu and your account.

 

ACCEPTABLE USE

 

You agree to use Su Buu and the Content (whether provided by us or other parties), as well as any Software provided in connection with Su Buu, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to Su Buu, related Software, or Content, nor will you use Su Buu or related Software in any manner that:

1.          Is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, fraudulent, gratuitously violent, obscene, pornographic, deceptive, indecent, lewd, libelous, invasive of another’s privacy, or radically, ethnically or otherwise offensive, hateful or abusive;

2.          Infringes our or a third party’s patent, trademark, trade secret, copyright, confidentiality or other intellectual property or other lawful rights;

3.         Removes any proprietary notices or labels on the Content, access our system without our permission to implement to take any illegal actions which have adverse impact to our activities;

4.          Advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;

5.          Is deceptive in any way, such as creates a false identify for the purpose of misleading others, offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;

6.          Disrupts, interferes or inhibits or adversely affect the ability of other people or systems from enjoying Su Buu or other affiliated or linked apps, material, contents, products and/or services.

7.          Use any automated script or routine, including  robot, spider, offline readers, bots, web crawlers or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to systematically collects, obtain and use information from Su Buu, to monitor or copy any portion of Su Buu, products and/or services or sends more request messages to servers in a given period of time than a human can reasonable produce in the same period of using a conventional online web browser;

8.          Attempts to disable, bypass, modify, defeat, disrupt, damage, overburden or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software, hardware, network, server or communications systems or equipment, or any Content or Su Buu;

9.          Systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;

10.     Transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, or fax;

11.     Reproduces, duplicates, redisplays, frames, makes copies of, or resells the Service or Content for any purpose.

 

Additional access and use restrictions may appear elsewhere on Su Buu. You agree to abide by such additional restrictions. Su Buu is intended solely for your private and personal use on your Device. Any other use or any attempt to use Su Buu or the Content or the Services for commercial or other purposes is strictly prohibited.

 

If the use of Su Buu or the Content or the Services by you or anyone using your account, in our sole discretion, violates these Terms or any other agreement or policy related to Su Buu, which is objectional or unlawful, or interferes with, disrupts or degrades the functioning or use of the Internet or Su Buu network by the Company or other users then, without limiting any other right or remedy the Companymay have,we may suspend, deny or restrict your access to Su Buu or the Services or the Content (and to take any other action we deems appropriate to protect Su Buu, our users and other Internet users).

 

PAYMENT AND BILLING

1.          Rates and Charges

a.   Pricing:  The pricing for each service will be announced very clearly Su Buu. You shall check be careful before make payment and you will only be charged for Services which you has actually applied for and/or used, subject to the payment of all applicable Taxes thereto. For the avoidance of doubt, you acknowledge and agree that due to the nature of certain Services, including with respect to the charging of Fees for the use of pre-paid data Services, there may be cases where your account balance may go below zero, in which case you shall be liable for the deficit in accordance with the terms herein.

b.   Rate Adjustments:  we have full right to adjust the pricing at any time and it can be made payment after receive confirmation from you.

c.   Taxes  are all applicable taxes, duties, levies and other similar charges however designated, imposed under and by virtue of any Law or the law of any jurisdiction outside Myanmar with respect to, or in connection with the provision of any Services, or on any Fees or payment due and payable to Su Buu from you;

2.          Record

We may issue a record/ history in respect of the Services on a monthly basis or at such other intervals as we may consider appropriate or convenient and subject to any directions issued by the Myanmar government and as notified to you.

3.          Disputed Charges

You are responsible for all use of your Services, including use by any third parties, and all charges however incurred, except:

a. Charges incurred because of our error or negligence; or

b.   Charges for unauthorized use (except where such use is the result of your negligence, carelessness, breach of contract, or failure to comply with our reasonable requirements, or by a third party within your reasonable control).

c.   We will not pay interest or any credit balance or security deposit in any of your accounts and can use those amounts to pay any of your outstanding Charges or any of your Services.

d.   If you have an outstanding debt with us, we have the right to transfer that debt to another party who will then have the right to collect that debt from you.

 

MANAGEMENT OF YOUR DATA

 

All of your information provided in the process of registration and usage of Su Buu shall be stored in our system. By accept this Terms and Conditions, you agree to allow us to use your information for contact, action analysis and other necessary actions to enhance our Services’ quality or for competent authority’s requirement. In case you deactivate your account for any reasons, we will suspend our mentioned usage and activities on your account until your activation.

 

On the other hand, you agree that you are solely responsible for maintaining the security of your Device(s) and all personal and other data, including without limitation, encryption of data. WE STRONGLY RECOMMEND THE UPDATED USE OF COMMERCIAL ANTI-VIRUS SOFTWARE. We are not responsible for back-up or restoration of your information. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple Su Buu servers for maintenance purposes; and (b) block or remove any unlawful or inappropriate content you store on or transmit to or from any Su Buu server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.

 

ENFORCEMENT

 

We reserves the right to access, use, provide or disclose account, transaction and user information, including email, to third parties as required or permitted by laws (e.g., a lawful interference or interception) and to cooperate with law enforcement authorities in the investigation of any criminal or civil matters. Such cooperation may include, but is not limited to, monitoring of Su Buu network consistent with applicable law. In addition, you agree our right to access, use, provide or disclose your information based on our reasonable judgement that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of our Services, Su Buu and other persons or entities from fraudulent, abusive, or unlawful use of Su Buu or any such services.

 

TRADEMARKS

 

Our Trademarks (including but not limited to Su Buu’s name and logos and all related product and service names, design marks and slogan) are owned by the Company and may not be used in any manner without our prior written permission. All other trademarks and service marks are the property of their respective owners.

You commit not to infringe any of the intellectual property of the Company or any other related third party.

 

THIRD-PARTY PRODUCTS AND SERVICES

 

We have no control over the Content that you access on your Device. Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You’re solely responsible for evaluating the Content accessed by you or anyone through your Device or Services. We are not responsible for any Content, any damage caused by any Content that you access through your Services, that you load on your Device, or that you request that our representatives access or load on your Device. If we provide you storage for content that you have purchased, then we may delete the Content without notice or place restrictions/limits on the use of storage areas. Content stored on a Device, transmitted over our networks, or stored by Su Buu may be deleted modified, or damaged. Content provided by our vendors or third parties may be cancelled or terminated at any time without notice to you, and you may not receive a refund for any unused portion of the Content.

 

Su Buu may contain links to other apps not operated by the Companny. The links are provided for your convenience. Many Services and applications offered through Su Buu or your Device may be provided by third parties.  WHEN LEAVING SUBUU, YOU SHOULD CAREFULLY REVIEW THE APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY AND DATA GATHERING PRACTICES, OF THAT THIRD-PARTY APP.  Generally, the terms will come from the app developer, software licensor, etc. which may be the Company or third parties. Except for our branded information, products or services that are identified as being supplied by the Company, we are not responsible for the contents, links or privacy of any linked app. Access to any other apps linked to Su Buu is at your own risk. We do not operate, control, or endorse any information, products or services on Su Buu or accessible through Su Buu in any ways. When you use these items, you are agreeing that the third party may access, collect, use or disclose your personal information and that we are not responsible for examining or evaluating, and we does not warrant the offerings of, any of these businesses or individuals or the content of their apps. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.

 

DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

Although every effort has been made to provide accurate information on these pages. Su Buu, software, content or information and the Services are provided on an “as is” and “as available” and “with all faults” basis. Neither the Company, nor any of our employees, nor any member of the Company, their suppliers, agents, licensors, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for (i) the requirements, (ii) materials, software or content available for download from Su Buu are free of viruses, (iii) the quality of any products, services, (iv) the suitability, reliability, timeliness, accuracy or completeness, of the data, information, Services or any part thereof contained on Su Buu or in the Services obtained by you through Su Buu will meet your expectations .

 

LIMITATION OF LIABILITY

 

We shall use our reasonable endeavors to ensure the maintenance and availability of Su Buu and the Services but availability may be affected by your Device, other communications networks, too many people trying to use the Su Buu network or the internet at the same time or other causes of interference and may fail or require maintenance without notice.

 

Neither the Company nor its member shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on Su Buu, in particular, but without limitation to the foregoing, Su Buu specifically excludes all liability whatsoever in respect of any loss arising as a result of:

a.                    Loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimize your loss;

b.                  Loss of data;

c.                    Loss caused by something beyond our control, for example a failure by a Network Operator, an act of God, earthquake, terrorism, strike, shortage of suitable labor or materials or any other Force Majeure event beyond our control as specified below.

 

If we are liable to you for direct losses arising from any breach of this Agreement or for our negligence, our obligation to pay any damages or losses is limited to $20 for a number of incidents within any 12 months period. This limitation does not apply to any loss or damage caused by fraud, willful breach or willful damage. In addition, we are not liable for:

 

INDEMNITY

 

You agree to indemnify, defend and hold us harmless from and against all claims for losses, expenses, damages and costs, including reasonable attorneys’ and experts’ fees, arising from or related to claims made by any third-party (collectively, “Claims”) due to or arising out of (a) your use of Su Buu or Services or Content (or use of Su Buu or Services or Content by any parties who use your Device, with or without your permission), (c) your violation of these Terms and Conditions and/or your violation of any laws or regulations or the rights of another through the use of Su Buu or the Services or Content (or such violations of any parties who use your Device, with or without your permission). These indemnity obligations will survive termination of your relationship with Su Buu or your ceasing to use Su Buu or Services or Content. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

TERMINATION/SUSPENSION

 

We may elect to suspend or vary the Services and Su Buu immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update Su Buu and the Services or for any other reason whatsoever.

 

You agree that we may immediately terminate or suspend your account, any associated email address, and access to all or any part of Su Buu or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to :

1.              breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines,

2.              harassing/threatening/abusing/offending or being excessively impolite to our employees or agents,

3.              requests issued by lawful enforcement or other government agencies,

4.              requests issued by you (self-initiated account deletions),

5.              discontinuance or material modification to Su Buu (or any part thereof),

6.              unexpected technical or security issues or problems,

7.              extended periods of inactivity,

8.              provision of false, inaccurate, dated, or unverifiable information, including identification or credit information,

9.              insolvency or bankruptcyof the Company;

10.          failure to use our Services or maintain an active device;

11.          the action protects our interests, any customer’s interests, or our network; and

12.          engagement by you in fraudulent or illegal activities or interfering with our operations.

13.          Termination of your account includes (or, if Su Buu elects instead to suspend your account, may include any one or more of the following )

14.          removal of access to all offerings within Su Buu,

15.          deletion of your password and all related information, files and other content associated with or inside youraccount (or any part thereof) and

16.          barring of further use of Su Buu.

You agree that all terminations and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to Su Buu at any time for any reason and without notice to you in its sole discretion.

 

FORCE MAJEURE

 

Neither party will be responsible for any delay, interruption or other failure to perform under the Terms and Conditions due to acts, events or causes beyond the reasonable control of the responsible party (a “Force Majeure Event”). Force Majeure Events include but not limited to natural disasters; wars, riots, terrorist activities; cable cuts by third parties, and other acts or inactions of third parties; fires; embargoes and labor disputes; and court orders and government decrees.

 

DISPUTE RESOLUTION AND ARBITRATION

 

Negotiation . If, for some reason, we cannot resolve your concern to your satisfaction through calls to our customer care, you and the Company agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If we cannot resolve the dispute, you and the Company agree that we will resolve the dispute through individual binding arbitration.

 

Arbitration.  Instead of suing in court, you and our Company agree to arbitrate all Disputes (as defined below) on an individual, non-representatives, basis. In arbitration, there is no judge. Instead, a neutral third-party arbitrator resolves Disputes in a less formal process than in court. In arbitration, the arbitrator must follow the terms of the Terms and Conditions and can award damages and relief, including any attorneys’ fees authorized by law.

 

Disputes” include, but are not limited to, any claims or controversies against each other in any way related to or arising out of our Services, including billing services and practices, policies, contract practices and service, privacy, or advertising claims, even if the claim arises after Services have terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the Services bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, that are based on, relate to, or arise out of in any way our Services or the claims in any way related to or arising out of any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory.

 

DISPUTE NOTICE

 

Notices required under this Terms and Conditions must be submitted in writing in any address listed in the Terms and Conditions. In the case for a dispute, notices also must be sent to:

 

nFunctions Myanmar Company Limited

Tharyawaddy Street No.(35-C), Bahan Township, Yangon, Myanmar.

 

CHANGES TO THE TERMS AND CONDITIONS OR SU BUU

 

We may change, modify or withdraw (the “Change ”) all information or any Services posted on Su Buu and/or the Terms and Conditions from time-to-time without notice by posting such revisions to the page location. You agree to visit Su Buu and/or Terms and Conditions periodically to be aware of and review any such revisions.

 

Changes to these Terms and Conditions and any information shall be effective upon posting. You understand and agree that you use the Services after the date on which the Terms and Conditions have changed, we will treat your use of the Services as acceptance of the updated Terms and Conditions, with prospective effect.  

 

We reserve the right to change, modify or discontinue, temporarily or permanently, Su Buu (or any portion thereof), including any and all content contained on Su Buu, at any time without notice. You agree that we shall not be liable to your or to any third party for any modification, suspension or discontinuance of Su Buu (or any portion thereof).

 

SEVERABILITY

 

These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.

 

GENERAL

1.          Governing Law – These Terms and Conditions are governed by and construed in accordance with the laws of the Union of the Republic of Myanmar.

2.          Waiver – Our failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

3.          Representations – You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.

4.          Assignment –byentering into these Terms and Conditions, you undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in your access to Su Buu and your right to use the Services being terminated by us forthwith. We may assign these Terms and Conditions in whole or in part to any third party at our own discretion.

CONTACT US

We welcome your questions, comments, and concerns. Please contact us:

Customer service hotline: +959689668899
Customer service email: info@subuu.com.mm