Terms & Conditions

Definitions and Interpretations

“Business Day” means any day (excluding Saturday, Sunday, and any public holidays gazette by the Holidays Act 1951) on which Hunnie Madu operates for business.

“Hunnie Madu” means Hunnie Madu Sdn Bhd (Co. No. 1316295-P) with registered business address at 3A-1A & 3A-2B, Eco Sky, No. 972, Batu 6 ½, Jalan Ipoh, 68100, Kuala Lumpur, Malaysia.

“User Account” means the account created by Hunnie Madu with the information provided by you to use and access the Services.

Any references to “we”, “our”, and “us” shall mean Hunnie Madu and used interchangeably hereafter.

1. Recitals

a) Hunnie Madu is an online platform that primarily provides for the sale of tickets for Events, and other related solutions/services to the general public (hereinafter known as “Services”).

b) Hunnie Madu may choose to operate locally or internationally and we may make such Services available via our websites, mobile applications, and/or other platforms (hereinafter known as “Platforms”). By accessing and using any of our Platforms, you agree to be bound by this Terms of Use. We may include additional policies and other terms of use from time to time in addition to this Terms of Use and we will notify you of any additional policies or terms of use that we choose to implement. These additional policies and/or terms of use shall be incorporated by reference into this Terms of Use.

c) We may make changes/amendments to the Terms of Use periodically and you are advised to check the Terms of Use every time you intend to use the Services to see if there are any changes to it. If there are any significant or material changes to the operation of our Platforms, we will use reasonable efforts to notify you of those changes (e.g. including but not limited to publishing it on our website or mobile application or via a mobile application update). Any changes/amendments will be effective immediately unless otherwise stated. In the event you disagree with any of the changes made to the Terms of Use, you must immediately stop accessing or using any of our Platforms. Any continuous usage of our Platform will be deemed acceptance of the changes/amendments.

2. Capacity and Your Account

a) To access or use the Services, you must be aged 18 and above in Malaysia or have had attained an age of majority in a jurisdiction where you are from to enter into legally binding contracts. In the event the use of the Services requires you to register for a User Account with Hunnie Madu, we may request for necessary information (i.e. name, email, contact number, gender, proof of age etc.) for the setting up of your User Account. You acknowledge and agree that all information provided by you to us are based on reasonable assumptions and statements that the information is true, accurate, and not misleading.

b) You further acknowledge that we will rely on this information provided by you and that any false, inaccurate, fraudulent, fictitious, and/or misleading information may cause damages or losses to us. You agree to indemnify and hold harmless Hunnie Madu, our employees, directors, contractors, agents, affiliate companies, subsidiaries, and any other third parties facilitating the use of our Platforms against all claims for the said inaccurate, fraudulent, fictitious, and/or misleading information.

c) In the event any of the information provided by you changes or require amendments, you shall immediately notify Hunnie Madu via the Hunnie Madu Customer Care email below, or via our mobile application. We will use reasonable efforts to update your information as soon as possible.

d) You are solely responsible for maintaining the confidentiality in your User Account including any username and password given to you (if any, through default or “do-not-reply” email addresses, during first time registration of your User Account) or thereafter changed by you at any time.

e) You agree to notify Hunnie Madu if you discover any unauthorized access into your User Account, and/or otherwise breach of security of your User Account through the Hunnie Madu Customer Care details below. We will investigate the unauthorized access and/or breach of security of your User Account and conduct an investigation within thirty (30) Business Days of your notification to us. During this period, we may require you to furnish us with documents, identification and evidence proving the unauthorized access and/or breach of security of your User Account or proving that your User Account belongs to you. We may also suspend or limit your access to certain features of your User Account during our investigation. After our investigation is complete, we may reinstate your User Account or choose to terminate it. You agree that the findings of our investigation are final and binding. We may or may not communicate an explanation to you regarding our decision.

f) You agree that your User Account is non-transferable and non-assignable to another party.

3. Privacy

a) We may collect, store, use, and retain certain information from you as described in the Hunnie Madu Privacy Policy through the use or access of the Services. For more information, you are advised to read, understand, and acknowledge the Hunnie Madu Privacy Policy which is incorporated by reference herein.

4. Fees and Charges

a) You agree that Hunnie Madu may charge fees for the use of the Services, including but not limited to fulfillment, processing, and/or service fees (hereinafter collectively referred to as “Service Fees”). These Service Fees will be communicated to you via our other additional policies and/or terms of use and may vary depending on, including but not limited to, the type of Events, the location of the Events, the type of the ticket, and any other factors relating to our related solutions/services.

5. Purchase of Tickets and Advertisement of Events

a) We will display events, including but not limited to concerts, plays, fairs, exhibitions, and festivals (“Events”) on our Platforms. You acknowledge that Hunnie Madu acts as an agent and receives information about the Events from Event organizers that we enter into contracts with. We provide reasonable efforts in ensuring that all information about the Events are up to date, true, and correct.

b) In the event that the Event organizers decide to change or amend the information relating to the Events, you acknowledge that Hunnie Madu has no control over the change or amendment. We will use reasonable commercial efforts to update the said change or amendment on our Platforms as soon as possible.

c) You acknowledge that the display of the price of the tickets is exclusive of taxes and Service Fees. You further acknowledge that the purchase of tickets is facilitated through a third-party payment gateway. We rely solely on the availability of service from the third-party payment gateway and will be communicated by the third-party payment gateway when there is any Downtime in making payments. We will use reasonable efforts in notifying you of this Downtime and any attempts to make payments during this period will be unsuccessful. In the event the Downtime results from banking institutions, your credit/debit card issuer, and/or other payment method issuers (hereinafter collectively known as “Banks”), you acknowledge that we may not receive any notification from the Banks.

d) After you have successfully made payments for the tickets, the tickets will be emailed to you to your User Account or to the designated email you have provided to us during the registration of your User Account. You are advised to immediately verify receipt of the tickets and the details stated in the tickets. In the event you did not receive the tickets or if there is an error, discrepancy, misprint, and/or mistake in the details printed in the tickets, please contact Hunnie Madu Customer Care for rectification. We will deem all tickets as delivered and verified by you within twenty-four (24) hours upon successfully made payments.

e) You acknowledge that the tickets may contain further instructions pertaining to your entry and maintaining your entry into the Events including but not limited prohibited conduct such as being under the state of intoxication, influence of illicit drugs, inappropriately attired, taking photographs or videography of the Events, or adversely affecting the enjoyment of others at the Events. You are advised to read, understand, and comply with the said instructions prior to the date of the Events. If you decide to print the tickets to be made as a physical or original copy, you are required to maintain the tickets in good and discernable condition.

f) You acknowledge that any refusal to entry into the Events is at the sole discretion of the event organizer and subject to Clause 5(d), you will not hold Hunnie Madu liable for any non-entry into the Events unless there is an error, misprint, mistake or otherwise gross negligence by Hunnie Madu in the provision of the ticket.c

g) If you have purchased tickets after Events organizers change or amend information relating to the Events, you may contact Hunnie Madu Customer Care with details below to update the details on the tickets such as time, date, or venue of the Events. We may either issue you, a new ticket reflecting the change in information or request that you use your existing ticket with assurance of entry into Events.

h) You agree that we may limit the amount of tickets you may buy from a single User Account at any one time.

i) In the event we make it available to you that you may conduct purchases for tickets outside of Malaysia, you agree that the transactions may be displayed and charged in the official currency of the country you perform the payment transactions in or converted to Ringgit Malaysia and the foreign exchange rate shall be determined at our sole discretion.

6. Event Cancellation, Refund of Tickets, Disputed Transactions and Unauthorized Transactions

a) If Events are cancelled and not rescheduled, we will remove the Events from our Platforms and any listings related to the Events (i.e. advertisements, posters, shout-outs etc.). You will be eligible for refund of your tickets only upon the occurrence of the below stated Refund Entitled Events if you have successfully made payments for tickets. You are required to strictly follow all instructions posted by Hunnie Madu for the refund of your tickets. Hunnie Madu reserves the right to refuse refunds or only issue partial refunds in the event that you do not comply to our instructions. Refund Entitled Events i) Cancelled Events due to Event organizers, local authority, or government direction. ii) Relocated venue of Events. iii) Rescheduled Events to a different date.

b) For the avoidance of doubt, Hunnie Madu will not refund any tickets due to personal inconvenience or change in your personal circumstances.

c) You must actively and frequently check the records and history of your transactions which will be displayed in your User Account or any evidence of transactions which has been sent to your designated email address for the tickets you have purchased. In the event, that you discover any error or discrepancy in your User Account or evidence of transactions, you must contact us within seven (7) days from the date of the disputed transaction, failing which you shall be deemed to have accepted the accuracy of your transactions.

d) We will conduct an investigation from the date of your notification to us and contact and cooperate with the third-party payment gateway mentioned in Clause 5(c) to investigate the disputed transaction. We may require you to furnish further documentation, proof, and evidence relating to your disputed transactions to facilitate the investigation proving the legitimacy of the transaction. You agree that we may hold up any payments received by you for up to one hundred and eighty (180) days unless otherwise directed by any regulatory authorities.

e) In the event, that it is revealed in the course of our investigation that the disputed transaction was indeed made in error by us, we will refund the disputed sum as soon as possible. In the event, that the disputed transaction is a legitimate but mistaken or unauthorized transaction including but not limited to disclosure of your username and password for your User Account or non-permission of authorization of anyone you know or is related to, that has made a purchase of the tickets without your knowledge, we will not refund the payments to you. In the event, that the disputed transaction was due to reasons not attributable to you, we will endeavor to refund the payments due to you as soon as possible.

7. Resale of Tickets

a) You are expressly prohibited from any form of resale of the tickets purchased through the Services. If a ticket is sold or used in breach of this clause, the resold ticket may be invalidated. Hunnie Madu will take reasonable steps to notify you of Hunnie Madu’s intention to cancel the ticket or render it invalid within a reasonable time before cancelling it or rendering it invalid.

8. Warranties and Representations

a) By accessing or using the Services, Platforms, and/or User Account you hereby warrant, agree and undertake as follows; - i) that the information provided by you upon the registration of your User Account is true, up to date, and accurate; and ii) that you shall not fraudulently register or use your User Account for immoral/illegal purposes in any manner whatsoever; and iii) that you will not violate the terms and conditions in this Terms of Use and/or any terms and conditions, policies, guidelines, and/or regulations incorporated by reference herein in this Terms of Use that Hunnie Madu may designate and notify to you from time to time; and iv) that you will comply with all applicable laws, by-laws, rules, regulations, policies, notices, instructions, orders, and/or directives from the relevant authorities or any notices, instructions, and/or directives given by Hunnie Madu in connection with your User Account; and v) that you will not represent, use, and/or facilitate any of our Platforms for any illegal, immoral, or fraudulent purposes including but not limited to money laundering/terrorism financing activities, infringing third-party intellectual property rights, pyramid schemes, gambling or betting activities, etc; and vi) that you will not launch any form of distributed denial of service (DDOS), malware, and/or ransomware attack, tamper with our source code and/or object code, hack our hardware/software or systems, introduce bugs, robots, spiders, viruses, and Trojan horses, infiltrate our computer programming routines, and including but not limited detrimentally affect, intercept, or interfere with our system, data centers, and servers; and vii) that you will safeguard and protect the confidentiality of your username and password that you are assigned to during the registration of your User Account and with reasonable diligence, not to disclose the said username and password to any third parties; and viii) that you will not infringe Hunnie Madu’s intellectual property rights as stated under Clause 13 when using and/or accessing your User Account and/or our Platforms; and ix) that you will use best efforts to check and verify the tickets purchased through our Platforms to ensure it corresponds to the Events and ensure the details of the tickets reflect the proper credentials of the individuals attending the Events; and x) that you shall not hold Hunnie Madu liable for any unauthorized access to your User Account due to your loss or disclosure of your username or password to third parties; and xi) that you will not reproduce, distribute, create derivative forms, reverse engineer, sell or re-sell the contents in our Platforms without the express permission of Hunnie Madu; and xii) that you acknowledge that no implied conditions and warranties are incorporated in this Terms of Use, other than conditions or warranties implied by statute which cannot be excluded by private agreement.

9. Indemnification

a) You shall defend, hold us harmless, and indemnify us against any and all liabilities, losses, fees, damages, costs, penalties, and expenses (legal or otherwise including all costs on a solicitor and client basis) which we, our subsidiaries, directors, employees and/or agents may incur due to including but not limited to non-compliance and enforcement of our rights (whether at common law, equity and/or through contract) of the provisions of this Terms of Use, additional policies and/or terms of use that we may impose from time to time, and regulatory sanctions or penalties if the reason for the said sanctions or penalties was caused by you.

10. Termination, Suspension and Limit of Access to your User Account

a) Without prejudice to the above, Hunnie Madu reserves the right to terminate, suspend and/or limit access to your User Account with immediate effect if: i) you have breached the provisions of this Terms of Use, additional policies and/or other terms of use; or ii) Hunnie Madu suspects that you have indulged, facilitated, aided, abetted or participated in any criminal, fraudulent, illegal, and/or immoral activity; or iii) you engage in any activity that is Hunnie Madu deems to be prejudicial to its interests; or iv) you breach or fail to comply with any applicable laws, by-laws, rules, regulations, policies, notices, instructions, orders, and/or directives from the relevant authorities or any notices, instructions, and/or directives given by Hunnie Madu in connection with your User Account; or vi) you have provided incomplete, inaccurate, and/or misleading information to Hunnie Madu during the registration of your User Account, or during any request by Hunnie Madu for documents, identification, and/or evidence for any investigation conducted by Hunnie Madu. b) You may also terminate your User Account at any time by providing emailing Hunnie Madu Customer Care or by any other method we may inform to you from time to time. We will endeavor to inform you a timeline in which your User Account will be deleted from our system. e) In the event of termination of your User Account, you agree your User Account will not be reinstated for any reasons whatsoever. If you wish to register for a new User Account, you will have to repeat the steps of the registration of a User Account.

11. Change of Control

a) If Hunnie Madu decides to enter into any joint venture, merger, acquisition, and/or takeover (whether wholly or partly) with another business entity (hereinafter known as a “Change Event”) , by continuing to use the Services and/or Platforms, you hereby irrevocably and unconditionally assign and transfer that all of your rights, obligations, interest, and/or liabilities under this Terms of Use, additional policies and/or terms of use to the target business entity, our new business partners/owners, or any third party in connection with the said joint venture, merger, acquisition, and/or takeover.

b) In the event of a Change Event, you consent that all information provided during the registration process of your User Account and any information provided pursuant to Hunnie Madu Privacy Policy shall be transferred to the target business entity, our new business partners/owners, or any third party in connection with the said joint venture, merger, acquisition, and/or takeover for the same purposes in which we collected your information.

12. Platforms Accessibility

a) You acknowledge that our Platforms is monitored and tested regularly by internal and third-party consultants to ensure that you have a good experience using and accessing our Services. These consultants may from time to time improve our Platforms to ensure upgrades, updates, or discovery of new solutions. Furthermore, you also acknowledge that our Platforms may undergo downtime, delay, limitations, and/or otherwise an inability to use our Platforms which could be a result of the actions/omissions of third-party service providers, inherent use of internet and electronic communication devices, malfunction of electrical devices, and other reasons similarly beyond our control. (hereinafter collectively known as “Downtime”)

b) You agree that during or after any Downtime, you will not hold Hunnie Madu liable for any losses, claims, damages, liabilities, and/or costs that you may incur whether directly or indirectly, as a result of your inability to use our Platforms, whether advised to the possibility of such losses, claims, damages, liabilities, and/or costs. Further, we do not promise the existence of any service level of any sort to you.

13. Limitation of Liability and Disclaimer of Warranties

a) Notwithstanding anywhere in this Terms of Use, additional policies and/or terms of use, Hunnie Madu, its directors, officers, affiliates, employees, agents, third party service providers (including but not limited to the third-party payment gateway mentioned in Clause 5(c)) shall not be liable for: i) any loss of income, business, goodwill or profits arising from this Terms of Use or use of our Platforms; and ii) any unauthorized access to or alteration, theft, or destruction of your User Account including disclosure or your username and/or password, fraud, forgery, and/or damage to character and reputation in relation to your User Account; and iii) the consequences of arising out of Clause 11; and iv) any loss or damage which was not caused by our breach of this Terms of Use or breach of legal duty of care, whether or not foreseeable and contemplated by the parties, or advised to the possibility of such; and v) any loss or damage arising out of the tickets purchased subject to Clause 5(f); and vi) any loss or damage arising out of the termination, suspension, and/or limit of access to your User Account as stated in Clause 9; and vii) any delay and/or inability on our part to provide this service due to unforeseen circumstances outside our control including but not limited to electronic failure, mechanical system failure, corruption or loss of data, data processing failure, Act of God, browser defects, telecommunication defects or virus attack, government shutdown, declaration of emergency, war, acts of terrorism, and riots; and viii) any loss or damage due to inaccuracies or incompleteness of information and/or non-compliance of instructions directed to you; and ix) any malicious code, virus, or software obtained by you using our Platforms or tools or third-party social media websites that lead/link to your usage or entry to our Platforms. b) Hunnie Madu shall use reasonable commercial endeavors to ensure the smooth running of our Platforms. You agree that our Platforms are provided on an “As Is” and “As Available” basis up to reasonable market standards. 13. Intellectual Property Rights a) Hunnie Madu reserves all its intellectual property rights including but not limited to patents, trademarks, copyrights, designs, and logos (registered or unregistered) and in no event, transfers or assigns its intellectual property rights to you through the use of our Platforms or by using or accessing the Services. b) By using our Platforms, we grant you a non-exclusive, royalty free, limited, non-transferable and revocable license (without the right to sub-license) to use our Platforms pursuant to this Terms of Use. You shall use the Platforms in a personal capacity and not for commercial purposes.

14. Waiver and Severability

a) You agree that any acquiescence, delay, failure, continuous or otherwise, to exercise any rights, privileges, remedies, claims, benefits, and/or authority to any provisions in these Terms of Use, additional policies and/or terms of use does not constitute any form of waiver of any such rights, privileges, remedies, claims, benefits and/or authority. Any waiver or failure to enforce any provisions of this Terms of Use, additional policies, and/or terms of use on any occasion will not be deemed a waiver for the next occasion, however similar.

b) In the event that any provision of this Terms of Use, additional policies, and/or terms of use is held to be invalid due to legal requirements, the said provision shall be void and struck off from this Terms of Use, additional policies, and/or terms of use, and the remaining provisions of this Terms of Use, additional policies, and/or terms of use shall subsist as valid and enforceable. You agree that Hunnie Madu may use efforts to adapt or convert the void/struck off provision to be valid according to its own closest interpretation.

15. Governing Law and Jurisdiction

a) This Terms of Use, additional policies, and/or terms of use is governed by the laws of Malaysia. You irrevocably consent to the exclusive jurisdiction of the courts of Malaysia for purposes of any legal action arising out of or related to this Terms of Use, additional policies, and/or terms of use.

16. Assignment

a) Hunnie Madu may transfer all or part of this Terms of Use, additional policies, and/or terms of use without such transfer being considered a change to this Terms of Use, additional policies, and/or terms of use by giving notice to you. The company or other entity to whom we transfer this Terms of Use, additional policies, and/or terms of use will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of this Terms of Use so that you right under this Terms of Use are not detrimentally affected.

17. Entire Agreement; Construction

a) All correspondence entered under this Terms of Use will be in the English language. This Terms of Use, additional policies, and terms of use is the complete and exclusive statement of your rights and obligations and supersedes all prior proposals and all other agreements.

18. Notices and Communication

a) Any specific documents or legal notices relating to dispute/court proceedings against you that may be commenced by Hunnie Madu may be sent and shall be deemed served by leaving it at any addresses you disclose to us at any point of time, posting it, dispatching it by facsimile transmission, electronic mail, registered post, AR registered post, or through any internet means you disclose to us. Any such notice, demand, or document shall be effected and deemed received by you: i) when it was left at the address you disclose to us, on the day immediately following the date of dispatch, if by post or; ii) immediately on dispatch if sent by facsimile transmission, electronic mail or through the internet.

19. Hunnie Madu Customer Care Contact Address: D7-3A-13, BANGUNAN PERDAGANGAN D7, SENTUL RAYA, JALAN SENTUL, 51100 KUALA LUMPUR Telephone No. +60 12-281 0970 Fax No. NIL Email Address: customerservice@hunniemadu.com

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