1. Welcome to GoNJoy (gonjoy.asia) (hereinafter referred to as “the Platform”), the one-stop e-Commerce platform and/or marketplace that strives to meet your every need. The Platform aims to provide services and products to you when you visit and/or browse the links and/or shops at gonjoy.asia, engage and/or use the Platform’s products or services, using the Platform’s mobile application (hereinafter referred to as “the Platform’s services”). Upon doing all the above, you hereby agree, on behalf of yourself and all those that shall engage and/or use the Platform’s services under your account to the following conditions.
User Account Creation
4. You hereby agree that to gain access to certain Platform’s services, you are required to create your own account and you may be required to be logged into said account and have a valid and authorized payment method registered with said account. In the event of a failure to charge your choice of payment method, we may charge any other existing payment method registered to your account.
5. You shall be fully responsible for maintaining the confidentiality of your account and password. The Platform and the Company shall not be held liable for any third-party logins into your account as the Platform nor the Company will ever disclose your account’s username and password to any third parties.
6. For the usage by minors (individuals below the age of majority), you may use the Platform’s services only with the involvement and guidance of a parent or guardian However, in terms of the creation of accounts for minors, the Platform nor the Company shall have any control of the information provided. In the event false information is provided to the Platform or the Company, the Platform and the Company shall not be held liable for such deceitful actions. In any event, minors are once again recommended to be accompanied by parents or guardians when using the Platform as the Platform also provides products and services which were not intended for minors. However, in the event the Platform detects accounts created by minors (reference is made to the date of birth) engaging and/or using products or services which were not intended for minors, the Platform hereby reserves the right to refuse service, terminate accounts, remove and/or cancel the orders in its full discretion.
7. You hereby agree to provide accurate information about yourself. It is prohibited to use false information or impersonate another person or corporate entity through your account. 8. In the event you wish to create a username for your account that may not be associated to your real name, you may not use language that is offensive, vulgar, infringes the rights of someone’s intellectual property rights, or otherwise the Terms. In the event the Platform or the Company discovers such violations, the Platform or the Company reserves it’s rights to terminate the account.
GoNJoy Mobile Application
9. You hereby agree that upon installing and using the Platform’s mobile application on any operating service (OS), permission shall be granted to us on your mobile device. In the event your mobile device prompts you to grant us permission, you shall hereby agree to grant us the same. Failing which, you hereby accept that the mobile application may not operate optimally as it was intended to.
10. Most mobile devices provide you with information about these permissions. The Platform and the Company shall have no obligation to educate you on the said permissions.
Trademarks and Copyrights
11. All content included in and/or made available throughout the Platform such as text, logos, graphics, icons, images, audio clips, video clips, data compilations and software are exclusive properties of the Platform and the Company or it’s merchants and shall be protected by the intellectual property laws of Malaysia and international copyright laws.
12. All other trademarks not owned by the Platform or the Company that may appear in the Platform are properties of their respective owners, merchants, service providers who may or may not be affiliated with, connected to or sponsored by the Platform.
13. The Platform’s trademarks may not be used in connection with any product or service that is not the Platform’s in any manner that is likely to cause confusion among the customers and/or users or in any manager that may disparage or discredit the Platform.
14. If you believe that your intellectual rights may have been infringed, please submit your complaint to us by referring to Paragraph 31 and 32 below. We shall do the best of our capability to resolve your complaint but will not be held liable for our failure to do so in the event the infringement was attributed by a third party vendor/merchant and/or service provider.
Licenses and Access
15. Subject to your full compliance to the terms and conditions stated herein together with all policies made available in this Platform by the Company, including the payment of any applicable fees, the Platform, the Company and it’s merchants and/or service providers shall grant to you a limited, non-exclusive, non-transferrable, non-sublicensable license to access and make personal and non-commercial use of the Platform’s services, or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of any of the Platform’s services or its contents.
16. You hereby agree not to reproduce, duplicate, copy, re-sell, sell, visit or otherwise exploit for any other commercial purpose the Platform’s services without first obtaining a written consent from the Platform. You may not misuse any of the Platform’s services. Any usage of the Platform’s services shall be done so in full compliance with the federal law (wherever applicable). In the event of any non-compliance on your part on any applicable law whilst using the Platform’s services, the license and/or access granted by the Platform and the Company share be terminated forthwith.
Product and Service Pricing
17. With respect to the products and/or services being listed on the Platform by the vendors/merchants and/or service providers, the Platform cannot confirm the prices of the products or service providers until you have confirmed your order with the said vendors/merchants and/or service providers.
18. You hereby agree that the final pricing for the product and/or service shall be agreed upon by yourself and the relevant vendor/merchant and/or service provider. In the event of an error on the final pricing, you are hereby required to inform and/or contact the Platform so to enable us with reasonable time to rectify any issues.
19. If you engage and/or purchase any of the products or services offered by the vendor/merchant and/or service providers, you are purchasing and/or engaging directly from the said third parties and not from the Platform or the Company. We shall not be held responsible or liable for examining or evaluating, and we do not warrant the offerings of any of the vendors/merchants and/or service providers.
20. The Platform or the Company shall not assume any responsibility or liability for the actions, products, and the content of all these and any other third parties.
Posting of Comments, Reviews and Messages
21. You hereby agree that to enable yourself to post comments, reviews or send out messages to vendors/merchants and/or service providers, there is a requirement to first create a account at the Platform as stated in Paragraphs 4 to 8 above and remained logged in.
22. You hereby agree that all comments, reviews and messages posted by you shall be fair, reasonable and constructive in nature. You agree to not submit and/or post suggestions, ideas, comments, questions, or other information that may be illegal, abusive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, provocative, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
23. In the event the Platform or the Company discovers such violations as stated above, the Platform or the Company reserves its rights to remove and delete the said comment, reviews and/or messages. The Platform and the Company hereby reserves its rights to exercise its full and unfettered discretion to remove and delete comments which we deem to be in violation.
No Contractual Relationship
24. You hereby agree that by agreeing to these terms and conditions or any of the policies that may be appear in the Platform, it does not and will not create any contractual relationship or contractual responsibility between you and the Platform
25. The Platform serves as a marketplace or a platform to connect you to your desired products and services therefore in case of any initiation of contractual relationships, it shall be that of between you and the vendors, merchants and/or the service providers.
Disclaiming Warranties and Limitation of Liabilities
26. The Platform shall always strive to provide the best consumer experience to all it’s users
but nothing can ever be perfect and you have always agreed that all products and services
provided by vendors, merchants and service providers shall be on a “as is where is” basis
(whenever applicable) and without any kind of warranty (express of implied).
27. To the fullest extent permissible by Law, the Platform disclaims all warranties, express or
implied, including, but not limited to, implied warranties of merchantability and fitness
for a particular purpose. The Platform does not warrant that the Platform’s services,
information, content, materials, products (including software) or other services included
on or otherwise made available to you through the Platform’s services, the Platform’s
servers or electronic communications sent from the Platform or the Company are free of
viruses or other harmful components.
28. To the fullest extent permissible by law, the Platform will not be liable for any damages of
any kind arising from the use of any of the Platform’s services, or from any information,
content, materials, products (including software) or other services included on or
otherwise made available to you through any of the Platform’s service, including, but not
limited to direct, indirect, incidental, punitive and consequential damages, unless
otherwise specified in writing.
Potential Disputes and Applicable Law
29. This Terms and Conditions shall be construed in accordance with the laws of Malaysia
and the Parties hereto submit to the exclusive jurisdiction of the court of Malaysia in
relation to all matters arising and/or in connection with this Terms and Conditions.
Update on Terms and Conditions
30. The Platform and/or the Company may update and/or amend this Terms and Conditions
at any time without prior notice by publishing the latest version of these Terms and
Conditions on the Platform. If you continue to access the Platform, you shall be deemed to
have agreed to and accepted the latest version of this Terms and Conditions. For clarity’s
sake, it is highly recommended for you to check on the Terms and Conditions from timeto-time to keep yourself updated of any possible changes.
Address of the Platform and/or the Company
31. You may contact us via e-Mail at firstname.lastname@example.org or you may opt to send us physical
correspondences at 1 Tech Park, Lot 7.03, Level 7, Tanjung Bandar Utama, Bandar Utama,
47800 Petaling Jaya, Selangor.
32. In the event of any legal disputes involving the Platform or the Company pertaining to any
experiences during the usage of the Platform, excluding disputes arising from dealings
with merchants/vendors and/or the service providers, you may send all cause papers to
us at 1 Tech Park, Lot 7.03, Level 7, Tanjung Bandar Utama, Bandar Utama, 47800 Petaling
Jaya, Selangor via A.R Registered Post.
The Platform’s Communication with You
33. By using the Platform and engaging in the Platform’s services, you hereby agree to receive all notifications, notices, letters, correspondences from the Platform or the Company via e-Mails, text messages and all forms of electronic messages to your desktop or mobile devices. You hereby agree that all agreements, notices, disclosures, and other communications that we provide to your electronically shall satisfy any legal requirement if such requirement states that such communications shall be in writing.
Copyright © 2022 AO International Sdn Bhd
Reg No. 202101028623 (1428923-H). All Rights Reserved.
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