These Terms and Conditions ("Terms") govern your use of the Kong booking software and channel management platform (the "Platform") provided by SUPERSTRING SDN. BHD. (202401016432 (1562282-H)), a company incorporated in Malaysia ("Kong", "we", "us", or "our").
By creating an account or using the Platform, you ("Operator", "you", or "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.
1. Definitions
"Account" means your operator account on the Platform.
"Booking" means a reservation made for your tours or activities through the Platform.
"Booking Fee" means the fee charged to guests at the time of booking, calculated as a percentage of the booking value.
"Channel" means any third-party distribution platform, online travel agency (OTA), or marketplace integrated with the Platform.
"Guest" means any end customer who books your tours or activities.
"Inventory" means your tours, activities, products, availability, and pricing information.
"Payment Gateway" means a third-party payment processing service (such as Stripe, Xendit, or other supported providers) that you connect to the Platform to accept guest payments.
"Service" or "Services" means the Platform and all features, tools, and functionality we provide.
2. Platform Services
2.1 Service Description
Kong provides a cloud-based booking software and channel management platform that enables you to:
Create and manage your tour and activity products
Accept direct bookings through your own branded booking forms
Connect your own payment gateway account to process guest payments
Manage availability and pricing across multiple distribution channels
Communicate with guests through automated messaging
Access reporting and analytics
Distribute inventory to third-party channels and marketplaces
Payment Gateway Requirement: To accept bookings, you must connect a supported payment gateway account. Kong does not process payments on your behalf - all guest payments flow directly to your payment gateway account.
2.2 Service Availability
We strive to maintain high Platform availability but do not guarantee uninterrupted access. We may suspend or modify the Services for maintenance, updates, or other operational reasons. We will provide reasonable notice of planned maintenance where possible.
2.3 Service Modifications
We reserve the right to modify, enhance, or discontinue any aspect of the Platform at any time. We will provide reasonable notice of material changes that negatively impact your use of the Platform.
3. Account Registration and Management
3.1 Eligibility
To use the Platform, you must:
Be at least 18 years old
Have legal authority to enter into binding contracts
Operate a legitimate tour or activity business
Provide accurate and complete registration information
3.2 Account Creation
When creating an Account, you agree to:
Provide accurate, current, and complete information
Maintain and promptly update your Account information
Maintain the security and confidentiality of your login credentials
Notify us immediately of any unauthorized access or security breach
Accept responsibility for all activities occurring under your Account
3.3 Account Security
You are solely responsible for maintaining the confidentiality of your Account credentials. You agree to:
Use a strong, unique password
Not share your login credentials with others
Implement appropriate security measures within your organization
Immediately notify us of any suspected security breach
We are not liable for any loss or damage arising from your failure to maintain Account security.
3.4 Account Suspension or Termination
We may suspend or terminate your Account if:
You breach these Terms
You engage in fraudulent or illegal activities
You provide false or misleading information
Your use of the Platform harms or could harm Kong, other operators, or guests
Required by applicable law or regulation
4. Fees and Payment Terms
4.1 Operator Fees
No Subscription Fees: Kong does not charge monthly or annual subscription fees to operators. The Platform is provided free of charge for core functionality.
4.2 Booking Fees
Guest-Paid Fees: Kong charges a Booking Fee to guests at the time of booking. This fee is currently set at 1.8% of the booking value but may be adjusted with reasonable notice.
Fee Structure: The Booking Fee is:
Charged to and paid by the guest
Added to the booking total at checkout
Clearly disclosed to guests before payment
Non-refundable, even if the booking is cancelled or refunded
Subject to change with at least 30 days' notice to operators
4.3 Payment Processing
Direct Payment Gateway Integration: You must connect your own payment gateway account (such as Stripe, Xendit, or other supported providers) to the Platform.
When a guest makes a booking:
The booking amount is processed directly through your connected payment gateway account
Proceeds are deposited directly into your payment gateway account
The Booking Fee (1.8%) is automatically split and transferred to Kong's account
You maintain full control and visibility over your payment processing
Your Responsibilities: By connecting a payment gateway, you agree to:
Maintain an active account in good standing with your chosen payment gateway provider
Comply with your payment gateway provider's terms and conditions
Accept responsibility for all payment gateway fees charged by your provider
Ensure your payment gateway account details remain current and accurate
Handle any payment gateway account issues directly with your provider
Payment Gateway Requirements: You must use a payment gateway that:
Is supported by the Kong Platform
Supports split payment functionality for Booking Fee collection
Complies with applicable payment card industry standards (PCI-DSS)
Operates legally in your jurisdiction
4.4 Payment Settlement
Direct Settlement: Booking proceeds are settled directly to your payment gateway account according to your payment gateway provider's settlement schedule. Kong does not hold, process, or transfer booking funds to you.
Settlement Timing: Settlement timing is determined by:
Your payment gateway provider's policies and schedule
Your payment gateway account status and history
Payment method used by the guest (credit card, e-wallet, etc.)
Any holds or reserves imposed by your payment gateway provider
First Payments: Initial settlements to new payment gateway accounts may be subject to longer holding periods as determined by your payment gateway provider for fraud prevention and verification purposes.
Currency: Settlements are made in the currencies supported by your payment gateway account and configured in your Kong Platform settings.
4.5 Refunds and Chargebacks
Refund Processing: You are responsible for processing refunds through your payment gateway account according to your cancellation policy. When you issue a refund:
You refund the booking amount to the guest through your payment gateway
The Booking Fee (1.8%) is non-refundable to the guest
Guests should be informed that booking fees are non-refundable per your cancellation policy
Payment processing fees charged by your payment gateway provider may also be non-refundable (per your provider's policies)
Non-Refundable Booking Fees: Kong's Booking Fee is charged for the service of processing the booking and is non-refundable, even if the booking is subsequently cancelled or refunded. The Booking Fee compensates Kong for:
Platform availability and infrastructure
Payment processing facilitation
Booking confirmation and communication services
Administrative overhead
Chargebacks: In the event of a chargeback:
You are responsible for responding to chargeback disputes through your payment gateway
You may be liable for chargeback fees imposed by your payment gateway provider
Kong is not responsible for chargeback disputes or associated fees
If a chargeback includes the Booking Fee amount and is successfully disputed by the guest, Kong reserves the right to recover the Booking Fee amount from future bookings or request direct payment
4.6 Taxes
Your Tax Obligations: You are solely responsible for:
Determining and paying all applicable taxes on your tour revenue
Collecting and remitting any tourism taxes, service taxes, or VAT as required
Maintaining compliance with Malaysian tax regulations and regulations in jurisdictions where you operate
Our Tax Obligations: Kong is responsible for taxes on Booking Fees we collect.
5. Your Responsibilities and Obligations
5.1 Tour Operations
You are solely responsible for:
Operating your tours and activities safely and professionally
Maintaining all necessary licenses, permits, and insurance
Complying with all applicable laws and regulations
Delivering services as described in your product listings
Ensuring the accuracy of your product information, pricing, and availability
Maintaining an active payment gateway account in good standing
Monitoring and managing your payment gateway account, including settlements and disputes
5.2 Content and Listings
Accuracy: You warrant that all content you provide (descriptions, photos, pricing, terms) is:
Accurate, complete, and not misleading
Owned by you or properly licensed
Compliant with all applicable laws
Free from prohibited content (as defined in Section 5.3)
Cancellation Policies: Your cancellation policy must clearly disclose that:
Kong's Booking Fee (1.8%) is non-refundable
Refund amounts apply only to the booking amount, not the Booking Fee
Any other non-refundable fees or conditions
Updates: You agree to promptly update your listings to reflect any material changes to your tours, pricing, policies, or availability.
5.3 Prohibited Content and Activities
You may not use the Platform to:
List illegal, unsafe, or fraudulent tours or activities
Discriminate against guests based on protected characteristics
Violate intellectual property rights of others
Transmit malware, viruses, or harmful code
Engage in price manipulation or anti-competitive practices
Circumvent Platform security measures
Scrape or harvest data from the Platform
Create false or misleading listings
Impersonate others or misrepresent your business
5.4 Guest Communications
You agree to:
Respond promptly to guest inquiries and booking requests
Communicate professionally and courteously with guests
Honor confirmed bookings or provide appropriate remedies
Handle guest complaints fairly and in good faith
5.5 Compliance with Laws
You are responsible for compliance with all applicable laws, including but not limited to:
Consumer protection laws
Data protection and privacy laws
Tourism and hospitality regulations
Health and safety requirements
Employment laws
Tax obligations
6. Channel Management and Distribution
6.1 Channel Connections
The Platform enables you to connect your inventory to third-party channels. By using channel management features, you:
Authorize Kong to transmit your inventory to connected channels
Authorize Kong to receive and process bookings from these channels
Accept that channel-specific terms may apply
Understand that Kong is not responsible for channel policies or performance
6.2 Inventory Synchronization
Kong will make reasonable efforts to synchronize your inventory across connected channels. However:
Real-time synchronization is not guaranteed
You remain responsible for monitoring availability across all channels
You are liable for overbooking situations
We recommend maintaining buffer inventory to prevent overbookings
6.3 Channel Commission and Fees
Each connected channel may charge its own commission or fees in addition to Kong's Booking Fee. You are responsible for understanding and accepting channel-specific fee structures.
6.4 Marketplace Participation
Kong may operate a B2B marketplace connecting you with resellers and wholesalers. Marketplace terms, commission structures, and net rate agreements are subject to separate agreements.
7. Intellectual Property Rights
7.1 Kong's Intellectual Property
The Platform, including all software, designs, text, graphics, logos, and other content, is owned by Kong or its licensors and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Platform solely for your business operations.
You may not:
Copy, modify, or create derivative works of the Platform
Reverse engineer, decompile, or disassemble any Platform components
Remove or alter any proprietary notices
Use Kong's trademarks without written permission
7.2 Your Content
You retain ownership of all content you upload to the Platform (text, images, videos, data). By uploading content, you grant Kong a worldwide, royalty-free license to:
Store, process, and display your content as necessary to provide the Services
Distribute your content to connected channels as authorized by you
Use anonymized, aggregated data for analytics and Platform improvement
You warrant that you have all necessary rights to grant this license.
7.3 Feedback
If you provide suggestions, ideas, or feedback about the Platform, you grant Kong an unrestricted, perpetual right to use such feedback without compensation or attribution.
8. Data Protection and Privacy
8.1 Data Processing
Kong processes personal data in accordance with our Privacy Policy and applicable data protection laws, including the Malaysia Personal Data Protection Act 2010 (PDPA).
8.2 Your Data Obligations
As a data controller, you are responsible for:
Obtaining necessary consents from guests for data collection and processing
Providing guests with appropriate privacy notices
Ensuring your data practices comply with applicable privacy laws
Not uploading sensitive personal data unless necessary and properly secured
8.3 Data Security
Kong implements reasonable technical and organizational measures to protect data. However, no system is completely secure. You agree to implement appropriate security measures on your end and promptly report any suspected data breaches.
8.4 Data Retention
We retain your data for as long as your Account is active and as required for legitimate business purposes or legal compliance. Upon Account termination, we will delete or anonymize your data according to our data retention policy, except where retention is required by law.
9. Limitation of Liability
9.1 Service Provision
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Kong does not warrant that:
The Platform will be uninterrupted, secure, or error-free
Defects will be corrected
The Platform is free from viruses or harmful components
Results obtained from the Platform will be accurate or reliable
9.2 Liability Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KONG'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE PLATFORM SHALL NOT EXCEED THE AMOUNT OF BOOKING FEES PAID TO KONG IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
KONG SHALL NOT BE LIABLE FOR:
Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Service interruptions or data loss
Acts or omissions of third parties, including payment gateway providers or channels
Payment gateway failures, delays, or disputes
Your failure to maintain backups or secure your Account
Overbooking situations or inventory management errors
Unauthorized access to your payment gateway account
9.3 Indemnification
You agree to indemnify, defend, and hold harmless Kong, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from:
Your use of the Platform
Your tours and activities
Your violation of these Terms
Your violation of any applicable laws or third-party rights
Content you provide to the Platform
Guest complaints or injuries
10. Term and Termination
10.1 Term
These Terms commence when you create an Account and continue until terminated by either party.
10.2 Termination by You
You may terminate your Account at any time by providing written notice to Kong. Upon termination:
You remain responsible for all pending bookings
You must fulfill all guest obligations for confirmed bookings
You should disconnect your payment gateway integration after all bookings are completed
Any Booking Fees already collected by Kong are non-refundable
10.3 Termination by Kong
We may terminate or suspend your Account with or without cause upon reasonable notice. Immediate termination without notice may occur if:
You materially breach these Terms
You engage in fraudulent or illegal conduct
Required by law or regulation
Your actions harm or threaten to harm Kong, other operators, or guests
10.4 Effect of Termination
Upon termination:
Your access to the Platform will be revoked
Your payment gateway integration will be disconnected
You remain liable for any outstanding obligations
Provisions regarding liability, indemnification, and intellectual property survive termination
10.5 Data Export
Prior to termination, you may request an export of your data. Following termination, Kong will retain your data only as required by law or legitimate business purposes.
11. Dispute Resolution
11.1 Governing Law
These Terms are governed by the laws of Malaysia, without regard to conflict of law principles.
11.2 Negotiation
If a dispute arises, the parties agree to first attempt to resolve it through good faith negotiation for a period of 30 days.
11.3 Jurisdiction
If negotiation fails, any disputes shall be subject to the exclusive jurisdiction of the courts of Malaysia.
11.4 No Class Actions
You agree that any proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.
12. General Provisions
12.1 Entire Agreement
These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Kong regarding the Platform.
12.2 Amendments
We may modify these Terms at any time by posting updated Terms on the Platform. Material changes will be communicated via email or Platform notification at least 30 days before taking effect. Your continued use of the Platform after changes take effect constitutes acceptance of the modified Terms.
12.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
12.4 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
12.5 Assignment
You may not assign or transfer these Terms or your Account without our prior written consent. Kong may assign these Terms without restriction.
12.6 Force Majeure
Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or telecommunications failures.
12.7 Relationship
These Terms do not create a partnership, joint venture, employment, or agency relationship between you and Kong. You are an independent contractor.
12.8 Third-Party Services
The Platform integrates with third-party services including payment gateway providers (Stripe, Xendit, etc.), distribution channels, and other tools. Your use of such services is subject to their respective terms and conditions. Kong is not responsible for:
Third-party service availability, performance, or functionality
Fees, policies, or changes imposed by third-party providers
Disputes between you and third-party service providers
Data security or privacy practices of third-party services
You are solely responsible for maintaining your relationships and accounts with third-party providers, including payment gateway providers.
12.9 Language
These Terms are provided in English. If translated, the English version prevails in case of any conflict.
13. Contact Information
If you have questions about these Terms or need support, please contact us at:
SUPERSTRING SDN. BHD.
202401016432 (1562282-H)
Waldorf Tower Jalan Sri Hartamas 17, 50480 Sri Hartamas, Kuala Lumpur, Malaysia
Email: blake@bookwithkong.com
Website: www.bookwithkong.com
14. Notices
All notices under these Terms must be in writing and delivered via:
Email to the address associated with your Account (for notices to you)
Email to blake@bookwithkong.com (for notices to Kong)
Notices are deemed received when sent to the appropriate email address.
By using the Kong Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.