Terms & Privacy Policy

1. Introduction

Welcome to Merbuk ("Platform"), a booking and reservation service operated by Sfera ("we," "us," or "our"). Merbuk facilitates the scheduling, reservation, and payment processes between businesses ("Businesses" or "Admins") and end-users ("Users" or "Clients").

By accessing or using Merbuk, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions ("T&Cs"). If you do not agree, you must not use the Platform.

2. Definitions

• "Merbuk" or "Platform" refers to the online service that Sfera provides to facilitate bookings.
• "Business" or "Admin" refers to an individual or entity that uses Merbuk to offer services or products and manage bookings.
• "User" or "Client" refers to an individual or entity that uses Merbuk to book or purchase services from a Business.
• "Services" means the services or products provided by the Business to the User as booked through Merbuk.

3. Scope of Merbuk's Role

1. Facilitator Only: Merbuk is a platform that enables Users to discover and book appointments or services from Businesses. We do not provide or control the actual services rendered by the Businesses.
2. No Endorsement: Merbuk does not endorse or guarantee any specific Business or the quality of its services. Users acknowledge that they are booking directly with the Business, and any issues or disputes regarding service quality, delivery, or other matters must be resolved between the User and the Business.

4. Business-Specific Terms & Conditions

1. Business Terms: Each Business may have its own terms, policies, and conditions (e.g., refund policies, liability waivers, or other agreements) that govern the actual services they provide.
2. Responsibility to Provide: Businesses are responsible for providing a link to or a copy of their own terms and conditions. Users should review and agree to these Business-Specific Terms before completing a booking.
3. No Guarantee of Compliance: Merbuk does not guarantee that the Business's own terms are lawful, accurate, or up to date. Any concerns or disputes about the Business's policies should be directed to the Business.

5. Bookings, Payments & Fees

1. Booking Process: When a User selects a service, date, and time through Merbuk, the Platform will process the reservation request. A booking is only confirmed when the Business accepts it (automatically or manually).
2. Transaction Fee: Merbuk charges the Business a transaction fee (e.g., 2.5%) for each completed booking/payment. This fee is typically deducted automatically from the payment before the balance is transferred to the Business.
3. Payment Processing: Merbuk may facilitate payments via third-party payment processors. Once payment is made by the User, funds are transferred (minus any applicable fees) to the Business.
4. Missing or Failed Transactions: If, due to a technical or processing error on Merbuk's side, funds fail to reach the Business or are lost in transit, Merbuk will reimburse the Business or the User (as applicable) upon confirmation that the amount is indeed missing.

6. Refunds & Disputes

1. No Direct Refunds by Merbuk: Because Merbuk is merely a facilitator, we do not offer direct refunds to Users. Refunds, if any, are governed by the Business's refund policy.
2. Business-User Disputes: Any dispute regarding the quality, timing, or completion of services is strictly between the Business and the User. Merbuk is not responsible for resolving such disputes.
3. Platform Liability: Merbuk's liability is limited to ensuring that payment transactions are processed correctly. We are not liable for service outcomes, service defects, or any other business-related issues.

7. User Obligations

1. Accurate Information: Users must provide accurate and up-to-date information (including contact details and payment information) to complete bookings.
2. Compliance with Laws: Users agree to comply with all applicable laws and regulations when using Merbuk.
3. Assumption of Risk: Users acknowledge that any services booked through Merbuk are undertaken at their own risk, and Merbuk disclaims liability for any harm arising from those services.

8. Business Obligations

1. Accurate Listings: Businesses are responsible for accurately describing their services, pricing, and availability on Merbuk.
2. Service Fulfillment: Businesses agree to honor bookings made through Merbuk and deliver the services as described and agreed upon with the User.
3. Business-Specific Terms: Businesses must make their refund policies, disclaimers, or any other relevant terms easily accessible to Users.

9. Privacy & Data Protection

1. Data Collection: Merbuk collects certain personal data (e.g., name, contact information) from Users solely to facilitate bookings and send notifications.
2. Limited Use: We do not sell or share personal data with third parties, except as necessary to process payments or to provide the Platform's functionalities.
3. Privacy Policy: For more information on how we handle personal data, please refer to our Privacy Policy.
4. Business Access: Businesses receive only the data necessary to manage bookings (e.g., User name, appointment time, contact info). They must handle this data in accordance with their own privacy practices and any applicable laws.

10. Cookies & Tracking Technologies

Merbuk may use cookies or similar technologies to provide a better user experience (e.g., session management, analytics). By using the Platform, you consent to the use of such technologies. Depending on your jurisdiction, a separate cookie notice or cookie consent mechanism may be displayed to you.

11. Intellectual Property

1. Platform Content vs. Business Content: All content provided by Merbuk—including text, graphics, logos, and software—is owned or licensed by Sfera. Content uploaded by businesses remains the property of the respective business. By uploading content, each business grants Sfera a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content solely in connection with operating the Merbuk platform. Sfera is not responsible or liable for any claims, damages, or offenses arising from the content provided by businesses, and each business agrees to indemnify and hold harmless Sfera from any such claims.
2. User-Generated Content: Any reviews or feedback you submit remain your property, but you grant Merbuk a non-exclusive, worldwide license to display and share such content within the Platform.

12. Disclaimers & Limitation of Liability

1. No Warranty: Merbuk is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the Platform's performance or the services offered by Businesses.
2. Limitation: To the fullest extent permitted by law, Sfera (including Merbuk) is not liable for indirect, incidental, or consequential damages arising from your use of the Platform or the services booked through it.
3. Jurisdictional Variation: Some jurisdictions do not allow certain disclaimers or limitations of liability. In such cases, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify and hold harmless Sfera, Merbuk, and its employees from any claims, damages, or legal fees arising out of your breach of these T&Cs, your use of the Platform, or your violation of any law or the rights of a third party.

14. Modifications to These Terms

Merbuk reserves the right to update or modify these T&Cs at any time. If we make material changes, we will notify you by posting an updated version on the Platform and updating the "Last Updated" date above. Your continued use of Merbuk constitutes acceptance of any revised T&Cs.

15. Governing Law & Dispute Resolution

These T&Cs are governed by the laws of Malaysia, without regard to its conflict of laws principles. Any disputes arising from these T&Cs or your use of Merbuk shall be resolved exclusively in the competent courts of Malaysia.

16. Contact Us

If you have any questions, concerns, or feedback regarding these T&Cs or the Platform, please contact us at:

• Email: hello@sfera.com
• Address: Lot 56, 2nd Floor, Block G, Lorong 333-7, Plaza 333, Jalan Penampang Bypass, 88300, Kota Kinabalu, Sabah, Malaysia

1. Introduction

Welcome to Merbuk ("Platform"), a booking and reservation service operated by Sfera ("we," "us," or "our"). This Privacy Policy describes how we collect, use, disclose, and protect the personal data of our users ("Users" or "you"). By accessing or using Merbuk, you consent to the practices described in this Privacy Policy.

2. Scope

This Privacy Policy applies to all personal data we collect through our Platform and any related services or communications. It does not cover how individual businesses ("Businesses" or "Admins") using Merbuk handle your personal data. Each Business may have its own privacy practices, and we encourage you to review their policies separately.

3. Information We Collect

1. Account & Profile Data: When you sign up or log in, we may collect your name, email address, and other basic contact information.
2. Booking Data: When you book a service, we collect information related to the appointment (e.g., service type, date, time, payment details).
3. Payment Information: Payment card details or bank information may be processed by our third-party payment processor. We typically do not store full payment details on our own servers.
4. Usage Data: We automatically collect information about your device, browser type, IP address, pages visited, and the date/time of your visit. This helps us understand how Users interact with Merbuk.
5. Communications: If you contact us (e.g., via email or support tickets), we collect the information you provide so we can respond to your inquiry.

14. Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:

• Email: hello@sfera.com
• Address: Lot 56, 2nd Floor, Block G, Lorong 333-7, Plaza 333, Jalan Penampang Bypass, 88300, Kota Kinabalu, Sabah, Malaysia