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
2. Registration of Account
- 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;
- You will keep all information provided by you through the Application up to date and accurate.
- 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.
Jimart may offer and provide the following services (“Services”) through the Webstore:
- Location services – using the Webstore to determine your location and prompt you any Jimart in the vicinity
- Any other services as Jimart may introduce through the Webstore from time to time
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:
- Logging into or attempting to log into a server or user account that you are not authorized to access
- Accessing data or taking any action to obtain data, information or services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, network or user account
- Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures
- 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
- 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;
- 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
- 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:
- 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
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- 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
- Misrepresent your identity or affiliation in any way
- Engage in deceptive online marketing
- Violate any applicable laws or regulations
- Assist or permit any persons in engaging in any of the activities described above
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.
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
- Expressly relieve Jimart from any and all liability arising from your use of any third-party components or services embedded in the Webstore, and
- 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.
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
- Into or to a national or resident outside of Malaysia
- 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
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.
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:
- 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
- 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.
- 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.
- 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.
- 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.