Terms of Use
Last Update Date: 6th June, 2021
Thank you for choosing boom’s products, services, websites, and apps which are branded as “boom” (“boom virtual event services”) known as “Services”). These Terms of Use (“TOU”) contain the terms under which boom and its affiliates provide their Services to you and describe how the Services may be accessed and used.
You indicate your agreement to these Terms of Use by checking the checkbox or by clicking on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services. The Terms will remain in effect while you use the Services and inclusive of the post service materials and content.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
Boom provides a variety of different services. Additional service-specific terms and policies (including rules and guidelines) apply to some Services (“Additional Terms”). Those Additional Terms become a part of your agreement with us if you use those Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Boom connects those providing conferences, exhiibitions, hybrid events and related services (“Organizers”) and those looking to attend those conferences and/or receive those services (“Attendee”). Attendees also include individuals who may present at or otherwise contribute content to such conferences (“Speakers”). Exhibitors represents individuals or organizations showcasing their offerings and exhibitor agents represents the communication reps for the respective exhibitor they represent. When we use the word “you” in these Terms, it refers to any user, regardless of whether he or she is an Organizer, Attendee, Speaker, Exhibitor or Exhibitor Agent, while if we use one of those specific terms, it only applies to that category of user.
Before attending any conference or receiving any services from any Organizer (“Organizer Services”), Attendees are responsible for making their own determinations that the Organizer is suitable. Boom is only responsible for connecting Organizers and Attendees, and can’t and won’t be responsible for making sure that Organizer Services are actually provided or are up to a certain standard of quality. Boom similarly can’t and won’t be responsible for ensuring that information (including credentials) an Attendee or Organizer provides about himself or herself is accurate or up-to-date. We don’t control the actions of any Attendee or Organizer, and Organizers are independent from our organizations and staffs.
Organizers are not staffs, partners, representatives, agents, joint venturers, independent contractors or franchisees of Boom. Boom is not the creator, organizer or owner of the Organizer Services, does not offer the Organizer Services and does not employ individuals to perform the Organizer Services. Boom’s Services allow Organizers to manage and promote the Organizer Services. You hereby acknowledge that Boom does not supervise, direct, control or monitor the Organizer Services and disclaim any responsibility and liability for the Organizer Services, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code, all of which are the responsibility of Organizer.
The Services may permit You to send messages (including email) to a Third-Party Source or to the Organizers, Attendees, Exhibitors, Exhibitor Agents (“Messages”). You are solely responsible for the messages you send and the consequences of sending them, and you agree to hold Boom harmless, and expressly release Boom, from any and all liability arising from your Messages. You grant Boom a worldwide license to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, services of third-party service providers to facilitate the sending of Messages to your designated recipients). You guarantee that you own or have the necessary rights and permissions to use all of the Intellectual Property Rights in and to your Messages, and hereby grant the foregoing license to us. You retain all of your ownership rights in your Messages.
You acknowledge that you and or User/s may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on our Platform including, but not limited to Your website, Event App and/ or Event Community (“Customer/User Submissions”). You shall not yourself and agree to advise the User/s in writing and ensure that they do not post, upload to, transmit, distribute, store, create or otherwise publish through the Website, Platform or the App any of the following User Submissions:
That is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy, breach of publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
That would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
That may infringe any patent, trademark, and trade secret, copyright or other intellectual or proprietary right of any party.
That impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
That, our sole judgement, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose us or other Users to any harm or liability of any type;
Which violates the terms of our guidelines, principles, policies or rules posted on the Website and the App or as and when communicated to You;
Unsolicited promotions, spam, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses or any other such personal details; and Viruses, corrupted data or other harmful, disruptive or destructive files;
You shall be solely responsible for Customer/ User Submissions and the consequences of posting or publishing them.
We have complete right in terms of decision making as to whether or not to publish Customer/ User Submissions and we reserve the right without further notice to you, to monitor, moderate, censor, edit, remove, delete and/ or remove any and all Customer/ User Submissions at any time and for any reason.
You further guarantee that you hereby grant to us and shall procure from the Users the necessary rights and permissions for us to use and authorizes us to use all Intellectual Property Rights in and to the Customer/ User Submissions, and to enable inclusion and use thereof as contemplated by this ToU. You/ User shall retain all of Your/ their ownership rights in Customer/ User Submissions. Any copyrighted or other proprietary content distributed with the consent of the intellectual property owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Subject to this ToU and the Privacy Policy, by submitting the Customer/ User Submissions, you hereby grant us and agree to procure from the Users a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to use, reproduce, distribute, prepare derivative works of, display and perform the Customer/ User Submissions only in connection with the Services, including without limitation for redistributing part or all of the Customer/ User Submissions (and derivative works thereof), and you hereby waive and agree to procure waiver from the Users regarding any moral rights in the Customer/ User Submissions, to the extent permitted by law.
You agree to pay to Boom any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Boom of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
All ticket price, donations and gratuities received (minus applicable fees charged by boom) will be transferred by the payment processor to the event host following payment processor’s payout timelines. Normally it will take the payment processor between 2 -30 calendar days following the purchase of the ticket to transfer the fund to the event host.
Boom only provides technical support for event to be host virtually, and does not take any role nor responsibility in any transaction request between organizer (event host) and attendee who purchases the ticket.
Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.
Boom may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Boom will provide you with advance notice of any change in fees.
Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
In the course of using the Services, you may submit content to Boom (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. Boom’s Privacy Policy, together with any Service-specific privacy notices or statements (collectively, “Boom privacy policies”), detail how we treat your Content and we agree to adhere to those Boom privacy policies. You in turn agree that Boom may use and share your Content in accordance with the Boom privacy policies and applicable data protection laws. You also agree that you are responsible for notifying these third parties who submit content to you through our Services about the Boom privacy policies.
Boom will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the Boom privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Boom); (b) was lawfully known to Boom before receiving it from you; (c) is received by Boom from a third party without knowledge of breach of any obligation owed to you; (d) is shared in the context of your account being migrated to an organization’s Enterprise account, if your account is registered using a work email address within that organization; or (e) was independently developed by Boom without reference to your Content. Boom may disclose your Content when required by law or legal process, but only after Boom, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
Boom will store and process your Content in a manner consistent with industry security standards. Boom has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.
If Boom becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), Boom will take reasonable steps to notify you without undue delay. Boom will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Boom.
Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by Boom’s Brand and Trademark Use Policy, these Terms do not grant you any right to use Boom’s trademarks or other brand elements.
If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.
If you have been issued an account by Boom in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Boom, are responsible for any activity occurring in your account (other than activity that Boom is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Boom immediately. Accounts may not be shared and may only be used by one individual per account.
Boom occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.
You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Boom will not be liable for any failure to store, or for loss or corruption of, your Content.
Boom may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
Boom may assign you a account manager (“AM”). The AM may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insight.
If you are an individual, you may only use the Services if you have the power to form a contract with Boom. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
“Minors” are individuals under the age of 13 (or a higher age as provided in certain countries and territories). None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.
You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
You can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Services, collected responses, and/or downloaded your responses unless the termination is due to our material, uncured breach or a refund is required by law.
Boom may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. Boom may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and no refund will be granted. Boom may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after Boom has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, Boom may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where Boom may decide that we need to take immediate action without notice. Boom will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Boom has no obligation to retain your Content upon termination of the applicable Service.
If Boom stops providing the Services to you because you repeatedly or egregiously breach these Terms, Boom may take measures to prevent the further use of the Services by you, including blocking your IP address.
Boom may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Boom and boom.my and boom.rocks website. If an amendment is material, as determined in Boom’s sole discretion, Boom will notify you by email. Notice of amendments may also be posted to Boom’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Boom to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
Boom constantly changes and improves the Services. Boom may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. Boom may also limit, suspend, or discontinue a Service provided to you at its discretion. If Boom discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service. Boom may remove content from the Services it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.
While it is in Boom’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND BOOM DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOOM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF BOOM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO BOOM FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
If you are a business, you will indemnify and hold harmless Boom and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) (“Indemnification Amounts”) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
If you are any kind of user, you will indemnify and hold Indemnified Entities harmless from any Indemnification Amounts arising out of a breach of your obligation in Section 1.3 to ensure your tax exemption certificate, if any, accurately reflects your current tax status.
Unless otherwise noted, the Services are provided by, and you are contracting with Boom.my and Boom.rocks inside of the Malaysia
For any Service provided by V-Raksasa Sdn Bhd, the following provisions will apply to any terms governing that Service:
You may not assign these Terms without Boom’s prior written consent, which may be withheld in Boom’s sole discretion. Boom may assign these Terms at any time without notice to you.
These Terms (including the Additional Terms) constitute the entire agreement between you and Boom, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
