Terms & Conditions


Last Modified: 2017 May 15


Welcome to this website (‘Site”), as operated by Ezstay. Ezstay is an online market for Myanmar travelers to find affordable, reliable, unique accommodations in every places provided by hotel, motel, guesthouse, house and hostel owners. Ezstay website, mobile applications on every operating system are operated by Burma Inno Tech Pte. Ltd. The terms “Ezstay”, “us”, “we”, “our” or “The company” refer to Burma Inno Tech Pte. Ltd in this “Terms & Conditions”. The terms “User”, “you” refer to a visitor or a member of our website and mobile applications. This Terms & Conditions Agreement (“Terms & Conditions” or “Agreement”) set forth the legally binding terms for your use of the Ezstay services. By using the services from Ezstay, you agree to be bound by this Agreement, whether you are a “visitor” (which means that you simply browse the Ezstay services) or you are a “Member” (which means that you have logged into the Ezstay services, whether through Facebook or some other means).

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms & Conditions at any time without further notice. If we do this, we will post the changes to these Terms & Conditions on this page and will indicate at the top of this page the Terms & Conditions’ effective date. Your continued use of the Ezstay Services after any such changes constitutes your acceptance of the new Terms & Conditions. If you do not agree to abide by these or any future Terms & Conditions, please do not use or access the Ezstay Service. It is your responsibility to regularly review these Terms & Conditions.


Registration Obligations

In order to use the Ezstay Services, you agree to: (a) provide to us, either directly or through the Facebook or other social networks login system, true, accurate, current and complete information about yourself as prompted by the Ezstay Services registration and login process (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By using the Ezstay Services, you represent and warrant that (a) you are 18 years of age or older; and (b) your use of the Ezstay Services does not violate any applicable law or regulation. Registration Data and other information about you are subject to our Privacy Policy - for more information, see our full Privacy Policy.


User Account

You will create an account during the Ezstay Service registration process. You are responsible for maintaining your account, and you are solely responsible for all activities that occur under your account. You agree to (a) immediately notify Ezstay of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Ezstay will not be liable for any loss or damage arising from your failure to comply with the provisions of this paragraph. You agree not to use the account of another Member at any time.


Non-Commercial Use

The Ezstay Services is provided for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in advance by Ezstay. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Use of the Ezstay Services, or of any data or information accessed or provided through the Ezstay Services, for any commercial purpose, or by any commercial entity, is expressly prohibited.

You agree not to use or launch any automated system or scripts, including without limitation, "robots," "spiders," "offline readers," etc., to accesses the Ezstay Services or to "scrape," "harvest," or otherwise retrieve, any data, documents, content or other information from the Ezstay Services. You further agree not to collect or harvest any personally identifiable information, including account names or email addresses of Members, from the Ezstay Services, nor to use the communication systems provided by the Ezstay Services for any commercial solicitation purposes. You agree not to solicit any users of the Ezstay Services with respect to their Member profiles or Content. Notwithstanding the foregoing, Ezstay grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Ezstay reserves the right to revoke rights granted herein either generally or in specific cases.

Appropriate legal action will be taken for any illegal or unauthorized use of the Ezstay Services (including illegal or unauthorized use of any data or information accessed or provided through the Ezstay Services).


Member Conduct

You agree that you may not use the Ezstay Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Ezstay Services. In addition, you agree not to use the Ezstay Services to:

  • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  • impersonate any person or entity, including but not limited to, a Ezstay official, create a false identity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • intimidate, stalk or harass another;

  • harm minors in any way;

  • use or attempt to use another's account, service or system without authorization from the Company;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Ezstay Services; or

  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).


Member Content Posted on the Ezstay Services

You are solely responsible for the media, files, electronic documents, photos, profiles, questions, answers, comments, ratings, reviews, descriptions and other content that you create, publish or display (hereinafter, "post") on or through the Ezstay Services, or transmit to other Members (collectively the "Content"). Ezstay does not endorse and has no control over the Content. Content is not necessarily reviewed by Ezstay prior to posting and does not necessarily reflect the opinions or policies of Ezstay.

Ezstay reserves the right to reject, refuse to post, or remove any Content at any time, without prior notice, in its sole discretion, and for any purpose, including but not limited to, for violations of these Terms & Conditions. Ezstay assumes no responsibility for monitoring the Ezstay Services for inappropriate Content or conduct. If at any time Ezstay chooses, in its sole discretion, to monitor the Ezstay Services, Ezstay nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

By posting Content to any part of the Ezstay Services, you automatically grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide license to use, modify, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand that, under the foregoing license grant, Ezstay and its sub licensees may make commercial use of your Content in whatever manner it or they deem appropriate, and you shall not be entitled to receive any fee, royalty, payment, compensation or remuneration of any kind in connection with such commercial use by Ezstay and/or its sub licensees.

By posting Content to any part of the Ezstay Services, you represent and warrant that: (i) you own the Content posted by you on or through the Ezstay Services or otherwise have the right to grant the license set forth in the preceding paragraph, and (ii) the posting of your Content on or through the Ezstay Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, or contain libelous, defamatory or otherwise unlawful material. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Ezstay Services.

You understand that by using the Ezstay Services, you may be exposed to Content that is offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ezstay with respect thereto, and agree to indemnify and hold Ezstay, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Ezstay Services.

Under no circumstances will Ezstay be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Ezstay Services. Ezstay makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

You acknowledge and agree that Ezstay may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms & Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Ezstay, its Users and/or the public. You understand that the technical processing and transmission of the Ezstay Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


Ezstay's Proprietary Rights

Except for (a) Content posted by you or (b) intellectual property belonging to you, all content on the Ezstay Services, including but not limited to design, text, graphics, academic data, course materials, documents, messages, ratings, reviews, other files, and their selection and arrangement (collectively, "Ezstay Content") are the proprietary property of the Company or its licensors, with all rights reserved. You acknowledge and agree that the Ezstay Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, including laws covering data access and data compilations. No Ezstay Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, incorporated into any derivative works or compilations, posted, transmitted, rented or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may not republish Ezstay Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. You agree not to circumvent, disable or otherwise interfere with security related features of the RarHub Services or features that prevent or restrict use or copying of any Ezstay Content or enforce limitations on use of the Ezstay Services or the Ezstay Content therein. You agree not to access the Ezstay Services by any means other than through the interface that is provided by Ezstay for use in accessing the Ezstay Services. You agree not to reproduce, duplicate, copy, sell or resell, any portion of the Ezstay Services, use of the Ezstay Services, or access to the Ezstay Services, other than as provided within the scope of the Ezstay Services and as expressly permitted under these Terms & Conditions.


Trademarks

All trademarks, logos, trade dress, product names, service names, and service marks on the Ezstay Services are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.


Copyright Policy

We respect the intellectual property rights of others. Ezstay does not permit copyright infringing activities and infringement of intellectual property rights on any portion of the Ezstay Services and Ezstay will remove any Content from the Ezstay Services if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification by contacting us at contact@ezstay.com.mm and providing us with the following information in writing for further detail:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Ezstay to locate the material;

  • Information reasonably sufficient to permit Ezstay to contact you, such as an address, telephone number, and, if available, an electronic mail;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid.


Privacy

Use of the Ezstay Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.


Links to Other Websites

The Ezstay Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RarHub has no control over such sites and resources, you acknowledge and agree that Ezstay is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ezstay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Ezstay Services available on or through any such site or resource. If you purchase goods and services on such sites or resources or otherwise engage in commerce activities with the third parties operating such sites or resources, you acknowledge and agree that Ezstay is not a party to any such transaction or commerce activity, and any recourse you may have with respect to such transaction or commerce activity shall we be exclusively with the third parties operating such sites, and not with Ezstay. Ezstay specifically disclaims any and all responsibility or liability in conjunction with any such transaction or commerce activity, including any responsibility to provide customer service or support or otherwise intervene with such third parties.


Member Disputes

You are solely responsible for your interactions with other Ezstay Members. We reserve the right, but have no obligation, to monitor interaction and disputes between you and other Members.


Disclaimers

The Ezstay Services may be temporarily unavailable from time to time for maintenance or other reasons. Ezstay.com.mm assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Ezstay Services. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Ezstay Services, any Content posted on or through the Ezstay Services or transmitted to Members, or any interactions between users, whether online or offline.


YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE EZSTAY SERVICES IS AT YOUR SOLE RISK. THE EZSTAY SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. EZSTAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EZSTAY MAKES NO WARRANTY THAT (i) THE EZSTAY SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE EZSTAY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EZSTAY SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EZSTAY SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE EZSTAY SERVICES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EZSTAY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EZSTAY OR THROUGH OR FROM THE EZSTAY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.


Limitation on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EZSTAY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EZSTAY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE EZSTAY; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE EZSTAY SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EZSTAY SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE EZSTAY SERVICES.


Indemnity

You agree to indemnify and hold EZSTAY its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Ezstay Services in violation of this Agreement or your violation of any law or the rights of a third party.


Governing Law and Venue

By visiting or using the Ezstay Services, you agree that the laws of the Republic of the Union of Myanmar, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Ezstay or any of its affiliates.

Any controversy, claim or dispute relating in any way to the Ezstay Services (including your visit to or use of the Ezstay Services) shall be submitted to confidential arbitration in Myanmar, except that, to the extent you have in any manner violated or threaten to violate Ezstay or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state and region or court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, non-exclusive venue and jurisdiction in the state, region and courts of Ezstay.


International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Myanmar or the country in which you reside. Please see our Privacy Policy to understand more about using Ezstay Services outside Myanmar.


Term and Termination

Ezstay, in its sole discretion and without prior notice, may terminate your account (or any part thereof) or use of the Ezstay Services, and remove and discard any of your information, data and files in your account within the Ezstay Services, for any reason, including, without limitation, for lack of use, or if Ezstay believes that you have violated or acted inconsistently with the letter or spirit of the Terms & Conditions. Ezstay may also in its sole discretion and at any time modify or discontinue providing the Ezstay Services, or any part thereof, with or without notice. You agree that Ezstay shall not be liable to you or any third-party for any termination of your access to the Ezstay Services.

Even after Membership is terminated, this Agreement and our Privacy Policy will remain in effect. Further, Ezstay may continue to store and use any data or information about you previously provided or collected by Ezstay, in accordance with the terms of the Privacy Policy.


Other

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Ezstay regarding the use of the Ezstay Services. The failure of Ezstay to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The paragraph titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of the Terms & Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect.