ABOUT US AND THE SERVICE
IMI Digital Solutions Co, Ltd. owns and operate BestInMyanmar.com. (“BestInMyanmar,” “we,” “us,” “our”) is an online directory service for bars & clubs, cafes, events and promotions, restaurants, shopping, spas, lodging, tours and activities that helps to promote & facilitate businesses to Myanmar. BestInMyanmar provides its Services (as described below) through its website located at www.bestinmyanmar.com (the “Site”).IMI Digital Solutions Co, Ltd. is located at No. 448, 5B, Thu Mingalar Road, South Okkalapa Township, Yangon, Myanmar. You can contact us by email at contact@bestinmyanmar.com.
These Terms and Conditions (“Terms”) apply when you view, access, or use the Service via the Site. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms. If you do not agree to these Terms, please do not use BestInMyanmar and its Services.
SERVICES DESCRIPTION
BestInMyanmar’s service (the “Service” or “Services”) is an online platform that connects local businesses that offer unique cultural experiences and sustainable adventures (“Providers”) with users interested in visiting these Providers and participating in activities directly organized by these Providers (“Travelers” or “Users”). Through the Services, Providers may create and post profiles (“Experience Profile”) that provide information about the Provider’s knowledge and experience, and may make themselves available to offer certain services to Users at a particular destination (each such service,an “Experience”).
PLATFORM NATURE OF THE SERVICES
BestInMyanmar provides a platform for Users and Providers to meet online and arrange for Experiences. BestInMyanmar is not an operator of tours, activities or Experiences, nor is it a provider of tours or activities, and BestInMyanmar does not own, sell, resell,
furnish, provide, manage and/or control any of Provider’s services. BestInMyanmar’s responsibilities are limited to: (i) allowing Providers to post their Experience Profiles on the Site; (ii) allowing Users to search for and browse Experience Profiles; (iii) allowing
Users to contact Providers directly through the Site and provide information to Providers;(iv) processing payments from Users on behalf of the Provider.
YOU UNDERSTAND AND AGREE THAT BESTINMYANMAR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND USERS, NOR IS BESTINMYANMAR AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS BETWEEN PROVIDERS AND USERS. BESTINMYANMAR HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, USERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.ACCORDINGLY, THE PLANNING OR PARTAKING OF ANY EXPERIENCES ARE AT THE PROVIDER’S AND/OR USER’S OWN RISK.
PRIVACY POLICY
We respect your privacy. When you access or use the Service, you acknowledge your agreement to this Privacy Policy.
If you choose to provide information to a Provider, you acknowledge and understand that this information, including personally identifiable information (“personal information”) will be provided to a third-party Provider who is not affiliated with or controlled by us. If you provide personal information, you acknowledge and agree that we may use any information you provide consistent with our Privacy Policy and these Terms and Conditions. You acknowledge and agree that BestInMyanmar is not responsible or liable for a Provider’s use or distribution of information you provide. Before contacting a Provider and submitting personal information, please review the Provider and its website as well as its Terms and Conditions and privacy policy.
YOUR REGISTRATION OBLIGATIONS
You may be required to register with BestInMyanmar in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify BestInMyanmar of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. BestInMyanmar will not be liable for any loss or damage arising from your failure to comply with this Section.
USER AND PROVIDER INFORMATION AND CONTENT
When you register with BestInMyanmar, either as a User or a Provider, you may be asked to provide certain user-generated information (“user information”). This includes basic information required and information you provide when creating your account. You are solely responsible for the user information that you provide. However, we reserve the right to remove any information from the Service at our discretion.
All user information you provide remains your property. However, by providing user information to BestInMyanmar, you grant BestInMyanmar a worldwide, perpetual, irrevocable, transferable, royalty-free license to the user information. BestInMyanmar will not use the user information in any way that is contrary to our Privacy Policy, without further notice to or consent from you. We will not be required to make any payment to you or any other person or entity for such license to the user information. Furthermore, a Provider participating in the Service grants BestInMyanmar the right to use and display the Provider’s logo and/or name on the Site for the purpose of promoting the Service and providing a list of Providers who are participating or have participated in the Service.
You represent and warrant that: (i) you either are the sole and exclusive owner of all user information or you have all rights, licenses, consents and releases necessary to grant BestInMyanmar the license to the user information as set forth above; and (ii) neither the user information nor your submission of such user information nor our use of the user information as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and agree that any liability, loss or damage that occurs as a result of these of any user information that you provide is solely your responsibility.
USE RESTRICTIONS
Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- provide or transmit through the Service any information that is abusive, threatening, obscene, pornographic, violent, defamatory, libelous, discriminatory or racially, sexually, religiously, or otherwise objectionable and offensive;
- attempt to, or harass, abuse or harm another person or group;
- knowingly provide false or inaccurate information;
- interfere or attempt to interfere with the proper functioning of the Service;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
CANCELLATION POLICY
BestInMyanmar works with hundreds of small, local businesses around Myanmar for our trips and we respect their individual cancellation policies. Please review the details posted on the tour page for the trip you’d like to book to get the specifics. If the cancellation details of your specific trip are not clear please contact the Provider to clarify.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and request that our Users and Providers do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for users who are found repeatedly to provide protected third party content without necessary rights and permissions through the Service.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification to us by contacting us at the following address: contact@bestinmyanmar.com.
OWNERSHIP
The Service and all rights therein are and shall remain BestInMyanmar’s property or the property of BestInMyanmar’s licensors. Neither these Terms and Conditions nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner BestInMyanmar’s company names, logos, product and service names, trademarks or services marks or those of BestInMyanmar’s licensor.
USER AND PROVIDER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
You agree to receive communications from us in an electronic form via the email address you have submitted or through direct messages from the social media platform from which you signed in to the Service. You also agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about us and special updates and offers. You may opt out of such email by changing your account settings or sending an email to contact@bestinmyanmar.com. Opting out may prevent you from receiving messages regarding special offers.
PROVIDERS USING THE SERVICE
Providers who use the Service are not employees, agents, or independent contractors of BestInMyanmar and are not otherwise authorized to enter into any agreement on behalf of the company or bind or obligate the company in any way.
MODIFICATIONS TO SERVICE
BestInMyanmar reserves the right to modify, discontinue, temporarily or permanently, or transfer or assign the Service (or any part thereof) with or without notice. You agree that BestInMyanmar will not be liable to you or to any third party for any modification, suspension, discontinuance, or assignment of the Service.
NO OFFER
The information on this Site is for general informational purposes only. Information on this Site does not constitute an offer binding to us. Binding agreements may be entered into directly between Provider and Traveler once Traveler submits information to Provider through the Site. However, BestInMyanmar will not be a part to any such agreement, nor will BestInMyanmar have any obligations or responsibilities under such agreements.
NO WARRANTY
While we try to ensure that the information in or through the Site is accurate, we do not provide any warranties, express or implied, in relation to its correctness, completeness, currentness, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). We may change, add or remove information on the Website and its structure and functions at any time at our sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. We may also block Users from accessing the Website or parts of it, or require certain conditions to be fulfilled for such access. We do not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, we do not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
THIRD PARTY CONTENT, LINKS TO OTHER WEBSITES
We do not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. We do not recommend or endorse such content, and will not have any liability relating to it. Where we link to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to contact@bestinmyanmar.com.
INTELLECTUAL PROPERTY RIGHTS
As between you and us, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.
AMENDMENTS TO THE TERMS AND CONDITIONS
We may amend these Terms and Conditions at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. We expect you to regularly refer to this section to make sure you are familiar with the applicable Terms and Conditions. Any further use of the Website following such amendments means you consent to the amendment.
WARRANTY DISCLAIMER
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USING OF THE SERVICE AND APPLICATION AND ANY FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OR EMPLOYEES, OR OUR LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH US OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
INDEMNITY
You agree to indemnify and hold BestInMyanmar and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Service; (ii) your breach or violation of any of these Terms and Conditions; (iii) BestInMyanmar’s use of your user information; (iv) your violation of the rights of any third party; or (v) your violation of the use and conduct restrictions listed above.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and your use of the Service are governed by the laws of Myanmar without regard to conflict of law provisions, provided that we may bring actions against users of the Service for infringement of intellectual property rights before any competent court, and subject to mandatory law.
DISPUTE RESOLUTION THROUGH ARBITRATION
You agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service will be subject to binding arbitration between you and BestInMyanmar in Myanmar, except that BestInMyanmar 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. You acknowledge and agree that you and BestInMyanmar are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and BestInMyanmar otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. This section will survive any termination of the Service or these Terms and Conditions.
GENERAL TERMS
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on our part to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with us must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You may not assign or delegate any rights or obligations under these Terms or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE SITE’S PRIVACY POLICY(AVAILABLE FOR REVIEW ON THE SITE) REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
CONTACT US
BestInMyanmar welcomes your questions or comments regarding these Terms and Conditions:
