IMPORTANT! PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU.

1. Acceptance of these Terms and Conditions of Use

These Terms and Conditions of Use apply to your access to and use of all or part of this Jimart Webstore (“Webstore”) of OGN Group Sdn. Bhd. [Company No.: 200601014304 (734055-M)] (“Jimart”) or its affiliated companies. By clicking “I agree” or by accessing and/or using or Webstore, you agree to be bound by these Terms and Conditions incorporated by reference (the “Terms of Use”). If you do not agree to these Terms of Use, please do not use this Webstore. These Terms of Use shall be effective upon your acceptance of and agreement to them (either by clicking “I agree” or when you first access this Webstore). As used throughout this Webstore and these Terms of Use, the term “Jimart” and such terms as “the company”, “legal entity”, “the corporation”, “we” “our”, or “us” may refer to Jimart, or one of more or all of Jimart Malaysia related corporations and/or its affiliates. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs. Jimart reserves the right to modify, update, replace or change any or all of these Terms of Use or its policies relating to the Services at any time and from time to time, by posting an updated or revised version at this page. Any modification, update, replacement or change to the Terms of Use or any policy relating to the Services shall be effective upon posting of the updated to these Terms of Use, it is your responsibility to review these Terms of Use regularly to ensure you are aware of the most recent terms as they will be binding on you and your use of the Webstore and Services. Your continued use of, or access to, the Applications and/or the Services will be deemed to constitute your agreement to and acceptance of such changes. If you do not agree to any update or change, you must immediately cease using and accessing the Application and the Services. Further, Jimart may at any time and from time to time introduce updates, changes, enhancement, changes or new features to the Webstore. Any such changes or new features introduced will be subject to these Terms of Use.

2. Registration of Account

In order to access and use the Webstore and Services, you must set up and register a user account (“Account”) on the Webstore. You are required to provide your full name, a valid email address and such other information as may be required in the Webstore in order to register an Account and confirm that you are not a minor. Jimart may contact you through the email address you have provided regarding the Webstore and Services, and for other purposes as may be mentioned in these Terms of Use and Privacy Policy. You are required to create a password to complete the registration of your Account. You are solely responsible to keep the password secure and not to reveal it to any other person. By creating and registering an Account, you represent and warrant that all information provided in connection with the registration and use of the Account are true, accurate and not misleading. You further agree that:

1. You will not share password or allow any other person to access your Account, or otherwise do anything that may or will violate the security of your Account;
2. You will keep all information provided by you through the Application up to date and accurate.
3. You are responsible for the use of your Account and all activities that are carried out through the Account, whether authorized or unauthorized and must notify Jimart immediately if you become aware of any unauthorized use of or access to your Account.

3. Services

Jimart may offer and provide the following services (“Services”) through the Webstore:

1. Location services – using the Webstore to determine your location and prompt you any Jimart in the vicinity
2. Any other services as Jimart may introduce through the Webstore from time to time

Further, Jimart at any time and from time to time introduce updates, enhancement, changes or new features to the Services. Any such changes or new features introduced will be subject to these Terms of Use. If and when you use the Services, Jimart will be able to obtain data about your location through the Webstore. If you do not wish to allow or enable Jimart to do so, you should de-activate the functionality for the relevant Service(s), in which case you will not be able to use such Service(s).

4. Location Services

If activated, the location services functionality allows the Application to be used to determine the locations of nearby Jimart.

5. Promotions, Offers and Discounts

Jimart may from time to time introduce promotions or offers for purchase of its goods and services through the Webstore. Any such promotion, offer or discount will be subject to applicable terms and conditions set out in the “Notifications” or other relevant section of the Webstore (or the relevant link embedded therein), or other communications or marketing materials that may be issued by Jimart in relation thereto. If and where Jimart issues communications or marketing materials to you via SMS and/or email, you will be able to opt-out of receiving communications or marketing materials through the relevant “Unsubscribe” link or by contacting Jimart. For communications or marketing materials issued by Jimart through the Webstore, you may disable or change your preferences for receiving notifications of such communications or marketing materials through the relevant Settings function of your mobile device. Please note that if you opt-out of receiving such communications or marketing materials or notification thereof, we may still send you service-related messages such as transaction receipts or maintenance notices.

6. Application and Account Security

You are prohibited from violating, or attempting to violate, the security of this Webstore and your Account. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Webstore or your Account include:

1. Logging into or attempting to log into a server or user account that you are not authorized to access
2. Accessing data or taking any action to obtain data, information or services not intended for you or your use
3. Attempting to probe, scan or test the vulnerability of any system, network or user account
4. Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures
5. Circumventing any system or mechanism in the Webstore that is designed and intended to limit your access to areas within, or components of, the Webstore
6. Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with the Webstore or any user account’s functionality or operations;
7. Using the Webstore in a manner or committing any act which is detrimental to, or in violation of, Jimart and/or a third party’s systems or network security, or which could otherwise damage or impair the servers or networks used by the Webstore or by other users of the Webstore
8. Interfering with service to, or engaging in any denial of service attack of, the Webstore, any user, host or network including, without limitation by means of overburdening or ‘flooding’, any computer system.

7. Accessing Using the Webstore

In accessing and using this Webstore, you must not:

1. Post, send or otherwise transmit to or through the Webstore any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that Jimart in its sole discretion does not wish posted or transmitted on the Webstore
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
3. Upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same
4. Misrepresent your identity or affiliation in any way
5. Engage in deceptive online marketing
6. Violate any applicable laws or regulations
7. Use the Webstore in a matter that would violate these terms of use or any policy posted in the “about” or others section(s) of the Webstore
8. Assist or permit any persons in engaging in any of the activities described above

Jimart may, at any time without prior notice, restrict, block, suspend or disable your access to all or some parts of the Webstore or Services, and/or edit or remove any content within the Webstore including any material which in Jimart’s reasonable opinion may give rise to a breach, or be in violation of these Terms of Use or any applicable law, or which Jimart considers in its discretion might be otherwise offensive, harmful or objectionable.

8. User Submissions

You must exercise caution, good sense and sound judgment in using the Webstore. You are responsible for any material or information you place on or transmit to or through the Application. You agree, represent and warrant that any information you post to or transmit through the Webstore is truthful, accurate, complete, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

9. Copyright

Subject to your compliance with these Terms of Use, Jimart grants you a non-transferable, non-exclusive, non-sublicensable, royalty free license to install, view, use and access the Webstore in Malaysia solely for your legitimate personal purposes (which excludes seeking to commercialize the Webstore or Services). All content included on this Webstore, such as text, graphics, logos, buttons, icons, images, video clips, audio clips and software, is the property of Jimart, its content suppliers or vendors and is protected by the laws of the country applicable in each specific context and international copyright laws. The compilation, (collection, arrangement and assembly) of all content on this Webstore is the exclusive property of Jimart and is protected by the laws of the country applicable in each specific context and international copyright laws. No material from this Webstore may be copied, reproduced, republished, modified, adapted, uploaded, posted, transmitted, or distributed in any way without prior written permission of the copyright owner. Modification of the materials or use of the materials for any other purpose is a violation of Jimart’s copyright and other proprietary rights. Prior written permission for all other uses of materials contained herein, including reproducing and distributing copies, or framing of any part of this Webstore on another website, must be obtained from Jimart in advance. Requests for such authorization should be sent via email to: [email protected]. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary of Jimart. All software used or made available on this Webstore is the property of Jimart or its software suppliers and is protected by the laws of the country applicable in each specific context and international copyright laws. In the event that you are permitted by Jimart to download and you download software from the Webstore, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Jimart subject to any terms of use accompanying the Software. Jimart does not transfer title of the Software to you. You may own the medium on which the Software is recoded, but Jimart retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, modify, adapt, decompile, reverse engineer, disassemble or otherwise reduce the Webstore or Software to a human-perceivable form, except to the extent permitted by applicable law and subject to prior written consent from Jimart of such activities.

10. Trademarks

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Jimart or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

11. Termination of Account

You acknowledge that Jimart may terminate your access to your Account or membership to this Webstore at any time, for any reason, with or without cause. Upon termination of your access to your Account or membership to this Webstore, Jimart shall have the right to deactivate or delete your Account and all data and content provided by you or about you.

12. Third-Party Software and Services

The Webstore may contain various third-party software components and services (including the third-party merchant facilities and etc.). By using the Webstore, you agree and consent to Jimart’s use of these third-party software components and services. You are also agreeing to any applicable terms of conditions, licenses or privacy policies related to that third-party software component and service. A breach of those terms and conditions, licenses or privacy policies shall be deemed a breach of these Terms of Use. By using the Webstore, you:-

1. Expressly relieve Jimart from any and all liability arising from your use of any third-party components or services embedded in the Webstore, and
2. Agree that, with respect to the third-party components and services and to the maximum extent permitted by applicable law, Jimart is not responsible for the manner in which your data is processed.

13. Links

The Webstore may contain links to other non-Jimart websites or applications. These links are for convenience only and may not be current or be maintained. Certain of these linked websites or applications may make use of Jimart proprietary intellectual property rights (such as trademarks, service marks, logos, and trade names) under license from Jimart. Jimart is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website or application. In additional, providing links to these sites or other applications should not be interpreted as endorsement or approval by Jimart of the organizations sponsoring the sites or applications, or their products or services.

14. Jurisdictional Issues

The Webstore is controlled and operated by Jimart from its offices within Malaysia. Jimart makes no representation that materials in the Webstore are appropriate or available for use in other locations or geographies. Those who choose to access the Webstore from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Webstore from jurisdictions where the contents of this Webstore are illegal or penalized is prohibited. No data, information or software from the Webstore may be downloaded or otherwise or re-exported

1. Into or to a national or resident outside of Malaysia
2. Prohibited under Malaysia’s customs, import and export laws and regulations.

By using the Webstore or Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list

15. Disclaimer

The Webstore and Services are provided and made available “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Jimart disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. Jimart does not warrant that access to this Webstore or the Services or to the functions contained in the Webstore will be uninterrupted or error-free, that defects will be corrected, or that this Webstore or the server that makes it available are free of viruses or other harmful components. Jimart does not make any representations or warranties regarding the use or the results of the use of the Webstore in terms of their correctness, accuracy, currency, availability, reliability, or otherwise. Applicable law may not allow the exclusion of some or all implied warranties, so to the extent that such laws are applicable, part or all of the above exclusions may not apply to you. Jimart has no obligation to monitor your access to or use of the Webstore or Services but has the right to do so for the purpose of ensuring your compliance with these Terms of Use or to comply with applicable law or an order or requirement of a court or governmental agency. Some features of the Webstore may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the Webstore or Services may required access through your mobile network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.

16. Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Jimart be liable for any compensatory, punitive, indirect, special or consequential damages that result from the use of, or the inability to use, the Webstore or the Services, even if Jimart or any Jimart authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall Jimart’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Jimart, if any, for using this Webstore and the Services.

17. Indemnity

You agree to indemnify, defend and hold Jimart, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from:

1. Your breach of these terms of use; and/or
2. Your activities in connection with this Webstore and/or the services

18. Disclosure; Product Statements

This Webstore contains information on products and services of Jimart and its related entities. While Jimart tries to ensure that all information on this Webstore is accurate and current at the time of posting, all information on Jimart’s products and services on this Webstore should not be relied on as definitive, final, current or complete, and you agree to contact Jimart directly for more detailed and updated information on its products and services instead of placing any reliance on any product or service information on this Webstore.

19. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law. By accessing and/or using this Webstore or the Services, you submit to the exclusive jurisdiction of the Malaysia courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use shall not affect the validity and enforceability of any remaining provisions. No third party shall have any right to enforce any provision of these Terms of Use other than a permitted assignee or transferee. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing. No failure to exercise or delay in exercising any right, power or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

General Terms

These Tems of Use shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law. By accessing and/or using this Webstore or the Services, you submit to the exclusive jurisdiction of the Malaysia courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use shall not affect the validity and enforceability of any remaining provisions. No third party shall have any right to enforce any provision of these Terms of Use other than a permitted assignee or transferee. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing. No failure to exercise or delay in exercising any right, power or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

1. Jimart reserve the right to vary, delete or add to any of these Membership Terms without prior notice to you. These Membership Terms, may be amended from time to time and shall prevail over any provisions or representations contained in any other promotional materials advertising this Loyalty Programme.
2. Jimart may cancel, terminate or suspend this Loyalty Programme with 30 days’ prior notice. For the avoidance of doubt, any cancellation, termination or suspension of this Loyalty Programme shall not entitle you to any claim or compensation against Jimart and/or any of its affiliated companies for any losses or damages suffered or incurred by you as a result of any cancellation, termination or suspension of this Loyalty Programme.
3. Termination of this Loyalty Programme will take effect on the date stated in the termination notice. Members must utilise all Reward Vouchers or points accumulated within 30 days from the termination date. Any unutilised Reward Voucher or points accumulated will be automatically cancelled upon expiry of the 30-day notice period.
4. Jimart and/or any of its affiliated companies shall not be liable for any loss or damage of any kind including any loss of income, profit, goodwill, indirect, special or consequential damages howsoever arising, that result from using this Webstore in this Loyalty Programme.