Seller Agreement , Terms of use and Privacy policy

TERMS OF USE

INTRODUCTION

1.1 Welcome to the JomBazzar.com.my website and/or the JomBazzar mobile app (the “Platform”). These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “JomBazzar Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://www.JomBazzar.com.my/privacy-policy/. By accessing the Platform and/or using the Services, you agree to be bound by JomBazzar Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to JomBazzar Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.

1.2 The Terms of Use stated herein constitute a legal agreement between you and RAINBOWZEBRA SDN. BHD. (Company Registration Number 202101020332 (1420632-X) a company incorporated under the laws of Malaysia having its registered address at: Vo5­03a­07, Signature 1 (Vo5), Lingkaran Sv, Sunway Velocity, 55100 Kuala Lumpur W.P. Kuala Lumpur Malaysia (“JomBazzar”, “we”, “us” or “our”).

1.3 JomBazzar reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or JomBazzar Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

1.4 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

2. USE OF THE PLATFORM AND/OR SERVICES

2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.

2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. JomBazzar shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.5 We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any an authorized user to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

2.6 Third Party Vendors

You acknowledge that parties other than JomBazzar (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by JomBazzar or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer. You further acknowledge that Third Party Vendors may utilize paid services offered by JomBazzar to occupy certain product listings slots within your search results on the Platform. Such Product listing may be accompanied by a “megaphone” logo.

3. USER SUBMISSIONS

3.1 You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions.

4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5. Our limitation of responsibility and liability

5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by JomBazzar of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

5.2 Without limiting the foregoing, JomBazzar does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

5.3 JomBazzar and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer viruses, bugs, trojan horses or the like or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use and/or other JomBazzar Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

8. ARBITRATION

8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other JomBazzar Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

8.2 Notwithstanding the foregoing, JomBazzar reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

9. TERMINATION

9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other JomBazzar Terms and Conditions. Upon any termination of these Terms of Use and/or other JomBazzar Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that JomBazzar shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of JomBazzar, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

TERMS AND CONDITIONS OF SALE

1. Interpretation
1.1 In these Conditions:
“Buyer” means the person who purchases Goods on the Platform;
“Conditions” mean these Terms and Conditions of Sale;
“Contract” means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;
“Goods” means the goods made available for sale on the Platform, including any installment of the goods or any parts for them;
“JomBazzar” means RAINBOWZEBRA SDN. BHD. (Company Registration Number 202101020332 (1420632-X) a company incorporated under the laws of Malaysia having its registered address at: Vo5­03a­07, Signature 1 (Vo5), Lingkaran Sv, Sunway Velocity, 55100 Kuala Lumpur W.P. Kuala Lumpur Malaysia;
“JomBazzar Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;
“Platform” means the JomBazzar.com.my website and/or the JomBazzar mobile app;
“Seller” means a seller, which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor. JomBazzar may also be a “Seller” for selected Goods;
“Services” means the use of any services, information and functions made available by JomBazzar at the Platform;
“Third Party Vendor” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and excludes JomBazzar; and
“Writing” includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Any references to “JomBazzar” in these Conditions refer to both JomBazzar’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it JomBazzar or a Third Party Vendor, may be stated on the webpage listing such Goods.

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by JomBazzar and JomBazzar has accepted the same, this shall constitute a Contract entered into directly between the Buyer and JomBazzar. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, JomBazzar is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4 While the Seller endeavors to provide an accurate description of the Goods, neither JomBazzar nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by JomBazzar in its website shall be subject to correction without any liability on the part of JomBazzar.

3. Orders and Specifications

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. JomBazzar shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order, which JomBazzar shall endeavor (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon JomBazzar issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, JomBazzar shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. JomBazzar shall furthermore be entitled to require the Buyer to furnish JomBazzar with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from JomBazzar and on terms that the Buyer shall indemnify JomBazzar in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by JomBazzar as a result of the modification or cancellation, as the case may be.

4. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to JomBazzar in addition to the price, but it excludes the delivery charges

4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which JomBazzar shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to JomBazzar, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledges that JomBazzar is entitled to collect payments from Buyer on behalf of Third Party Vendors.

5.2 The terms and conditions applicable to each type of payment, as prescribed by JomBazzar on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Credit Card

Credit card payment option is available for all Buyers. JomBazzar accepts all Visa and MasterCard credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

5.2.2 Debit Cards

JomBazzar accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a JomBazzar account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. JomBazzar, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

5.2.4 Installment Payments via Credit Card

(i). Only Buyers making payment for Goods by means of a credit card issued by registered & licensed Malaysian banking institutions or any other installment payment partner banks which we may inform from time to time shall be entitled to participate in the six (6) months and twelve (12) months installment payment plan, as provided below (“Entitled Buyer(s)”).
(ii). Entitled Buyers making minimum purchases of RM500 shall be entitled to apply to make payment for the Goods by means of the six (6) months Easy Pay Installment Scheme whereas Entitled Buyers making minimum purchases of RM1,000 shall be entitled to apply to make payment for the Goods by means of the twelve (12) months Easy Pay Installment Scheme, subject to a maximum purchase value of RM50,000.
(iii). For purposes of this sub-Clause, the installment payment plan set out in sub-Clauses 5.2.4 (i) and (ii) above shall collectively be referred to as “Credit Card Installments”.
(iv). When the Entitled Buyer purchases Goods and makes payment for the same via Credit Card Installments, the transaction shall be handled by DCR (Debt Coverage Ratio personnel from the respective bank which has issued the credit card). Each Entitled Buyer would receive a call from DCR for verification and approval. An Entitled Buyer shall only be entitled to purchase Goods via Credit Card Installments upon verification and approval by DCR.
v. While an approval for a Credit Card Installments transaction is subject to the Entitled Buyer’s available balance and credit availability on his/her credit card account, DCR also shall retain absolute discretion in granting its approval to any credit card transaction.
vi. When entering into a credit card transaction for the purchase of Goods via Credit Card Installments, DCR’s name shall be shown as the selling merchant in the Entitled Buyer’s credit card statement.
vii. When an Entitled Buyer makes an application to JomBazzar for the payment of Goods via Credit Card Installments and upon approval of the application by DCR, as provided above, the Buyer’s bank will debit the Entitled Buyer’s credit card account with the installment payable monthly, for the duration stipulated. The Entitled Buyer’s available credit limit will be provisionally reduced by earmarking an amount, equivalent to the amount of the total purchase price for the relevant Goods, which will not be available to Entitled Buyer for the duration of the installment payments. However, the credit limit will progressively restore on a monthly basis as repayment of each installment amount is made monthly.
viii. Each Credit Card Installments may be charged a processing fee prescribed by the relevant installment payment partner banks. This fee shall not be refundable, even if the purchase transaction is terminated, regardless of the reason of termination.
ix. If the Entitled Buyer decides to cancel his/her orders twenty-four (24) hours after the relevant order has been confirmed and prior to shipment, JomBazzar shall be entitled to impose a minimum of 15% of the total amount of the purchase price of the relevant Goods and the processing fee as administrative fees, in addition to the transaction fees charged by the relevant installment payment partner banks. The balance after deduction of the administrative fees and the transaction fees will be refunded to the Entitled Buyer.
x. In the event of cancellation of the Entitled Buyer’s credit card account, any unpaid portion of the purchase price of the relevant purchased Goods shall become immediately due and payable. Insofar as is possible, this outstanding sum shall be debited to the Entitled Buyer’s credit card without further reference payable by the Entitled Buyer.
xi. When the Entitled Buyer chooses to make payment for purchase of Goods via Credit Card Installments, JomBazzar’s 14-days Return Policy will no longer be applicable and the Entitled Buyer will no longer be allowed to return any items unless it is damaged (subject to the warranty period & terms of the respective good(s) to which the item shall be replaced or refunded for the amount paid. Such replacement or refund will not affect or interrupt the Credit Card Installments. No returns for “change of mind” reason will be valid for Entitled Buyers that choose to make payment for the Goods via Credit Card Installments.

5.2.5 Cash on Delivery

Cash on Delivery (pay cash upon delivery) is not available at present.

5.3 Buyer may not claim against Seller or any of its agents (which may include JomBazzar), for any failure, disruption or error in connection with the Buyer’s chosen payment method. JomBazzar reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:
5.4.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

5.5 All refunds shall be made via the JomBazzar virtual payment account (“JomBazzar Payment Account”). JomBazzar offers no guarantee of any nature for the timeliness of the refunds reaching the JomBazzar Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by JomBazzar. All refunds are conditional upon JomBazzar’s acceptance of a valid return of the Goods. JomBazzar reserve the right to modify the mechanism of processing refunds at any time without notice.

5.6 All payments for the purchased Goods must be made to JomBazzar using the payment methods made available on the Platform only. JomBazzar shall not be held responsible for any losses, which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 JomBazzar has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and JomBazzar shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to JomBazzar, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If JomBazzar fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

Where the Goods have been delivered to the Buyer even after the Buyer pursuant to Clause 6.4 above has claimed such refunds, Buyer shall immediately notify JomBazzar of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as JomBazzar’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. JomBazzar shall be entitled at any time to demand the Buyer to deliver up the Goods to JomBazzar and in the event of non-compliance JomBazzar reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.5 If the Buyer fails to take delivery of the product(s) (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to JomBazzar, JomBazzar may:
6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

6.6 Delivery of Goods

6.6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.6.2 JomBazzar has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and JomBazzar shall not be liable for any delay in delivery or performance howsoever caused.

6.6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to JomBazzar, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If JomBazzar fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods. Where the Goods have been delivered to the Buyer even after the Buyer pursuant to Clause 6.4 above has claimed such refunds, Buyer shall immediately notify JomBazzar of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as JomBazzar’s fiduciary agent and bailey and shall keep the Goods separate from those of the Buyer. JomBazzar shall be entitled at any time to demand the Buyer to deliver up the Goods to JomBazzar and in the event of non-compliance JomBazzar reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to JomBazzar, JomBazzar may sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or terminate the Contract and claim damages.

7. Return, Refund and Replacement of Good

7.1 Buyer may only apply for return of the purchased Goods in the following circumstances:
7.1.1 the Goods delivered to Buyer is defective and/or damaged on delivery;
7.1.2 the Goods, in particular fashion items, which does not fit (not applicable for fashion items);
7.1.3 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;
7.1.4 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, color, etc.) stipulated in the order;
7.1.5 Buyer has a change of mind with regard to the Goods; and
7.1.6 such other circumstances which may be prescribed by JomBazzar on the Platform.

7.2 Notwithstanding Clause 7.3 above, return or cancellations of any perishable goods are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.

7.3 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by JomBazzar on the Platform. Please see Help Center for further details.

7.4 Questions and complaints with regards to returns
7.4.1 If you have any questions or complaints,
(i) you may either contact the Seller directly via the Platform or
(ii) contact JomBazzar using the Chat Box function on the Platform, as applicable.
7.4.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, JomBazzar reserves the right to suggest and implement an appropriate resolution at its sole discretion.

8 Risk and property of the Goods

8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods (not at home/wrong address/travelling for a period of time/location is exposed to nature, etc.) the time when JomBazzar has tendered delivery of the Goods.

8.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until JomBazzar has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.

8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as JomBazzar’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

8.4 The Buyer agrees with JomBazzar that the Buyer shall immediately notify JomBazzar of any matter from time to time affecting JomBazzar’s title to the Goods and the Buyer shall provide JomBazzar with any information relating to the Goods as JomBazzar may require from time to time.

8.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), JomBazzar shall be entitled at any time to demand the Buyer to deliver up the Goods to JomBazzar and in the event of non-compliance JomBazzar reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

8.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of JomBazzar but if the Buyer does so all moneys owing by the Buyer to JomBazzar shall (without prejudice to any other right or remedy of JomBazzar) forthwith become due and payable.

8.7 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

8.8 The Buyer shall indemnify JomBazzar against all loss damages costs expenses and legal fees incurred by Jombazzar in connection with the assertion and enforcement of JomBazzar’s rights under this condition.

9 Termination

9.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to JomBazzar through our Contact Us page at https://www.JomBazzar.com.my/contact/. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.

9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or JomBazzar acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
9.2.1 the Goods under the Contract being unavailable for any reason; and/or
9.2.2 the Goods under the Contract has been mispriced on the Platform
9.2.3 the Goods under the Contract is unable to be delivered for any reason

10 Warranties and Remedies

10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

10.2 Subject to this Clause 10 of these Conditions, JomBazzar warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), JomBazzar further gives to the Buyer such implied warranties as cannot be excluded by law..

10.3 JomBazzar’s above warranty concerning the Goods is given subject to the following conditions:

10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to JomBazzar.
10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
10.3.3 JomBazzar binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of JomBazzar’s opinion in that behalf. JomBazzar is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. JomBazzar does not give any warranty as to the quality state condition or fitness of the Goods.
10.3.4 JomBazzar shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof such as improper remedy of defects, alteration of the Goods without the prior agreement of JomBazzar, addition and insertion of parts, in particular of spare parts which do not come from JomBazzar.
10.3.5 JomBazzar shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow JomBazzar’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without JomBazzar’s approval.
10.3.6 JomBazzar is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without JomBazzar’s prior written approval and the Buyer shall indemnify JomBazzar against each loss liability and cost arising out of such claims.
10.3.7 JomBazzar shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
10.3.8 JomBazzar shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to JomBazzar or Seller in exchange for a replacement or a refund in accordance with JomBazzar’s Return Policy and Clause 7 of these Conditions above.

10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. JomBazzar and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon JomBazzar’s or Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once JomBazzar or Seller has accepted such request.

10.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, JomBazzar may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.

10.7 When JomBazzar or Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of JomBazzar or Seller.

11 Liability

11.1 In no event shall JomBazzar be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if JomBazzar had been advised by the Buyer of the possibility of incurring the same.

11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and JomBazzar’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions.

11.3 Notwithstanding any other provision of these Conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.
11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

11.5 No action shall be brought against JomBazzar later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

12 General

12.1 Neither JomBazzar nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond JomBazzar’s or Seller’s reasonable control.

12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to JomBazzar, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.

12.3 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

12.4 No waiver by JomBazzar of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, JomBazzar’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

12.5 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

12.6 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.

12.7 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.9 below.

12.8 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against JomBazzar. Any such actions brought against JomBazzar for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

12.9 Notwithstanding Clause 12.8 above, JomBazzar shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
12.9 JomBazzar may, through the Platform or by such other method of notification as JomBazzar may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date JomBazzar specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.

12.10 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

12.11 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.

12.12 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

12.13 JomBazzar reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as JomBazzar deems appropriate.

PLATFORM ENGAGEMENT TOOLS

1. Acceptance of Terms and Conditions
1.1. The following Platform Engagement Tools Terms & Conditions (the “Platform Terms”) govern the use of the platform engagement tools and other related services (collectively, the “Tools” and, each a “Tool”) provided by RainbowZebra Sdn. Bhd. (“JomBazzar”) on JomBazzar’s websites and/or mobile applications (the “Platform”).
1.2. By using any of the Tools, you are agreeing to be bound by these Platform Terms as a User (as defined below). These Platform Terms are in addition to the Terms of Use and the Terms & Conditions of Sale, JomBazzar Wallet Terms, which shall continue to govern your use of the Platform and which are hereby incorporated by reference into these Platform Terms. Unless otherwise defined, the definitions and provisions in respect of interpretation in the Terms of Use will apply to these Platform Terms.
1.3. The use of the Tools may be subject to additional terms (“Additional Terms”) that JomBazzar may prescribe from time to time. In relation to any Tool, the Additional Terms that govern the use of such Tool shall be made accessible via such Tool. If you do not agree to any of the Additional Terms, you should discontinue your use of the Tools that are subject to those Additional Terms.
1.4. In the case of any inconsistency or conflict between any documents referred to in these Platform Terms that is not expressly resolved in those documents, such inconsistency or conflict will be resolved in the following order of descending priority: the relevant Additional Terms, the Platform Terms, the Terms of Use and the Terms & Conditions of Sale.

2. Tools Conditions

2.1. The Tools are offered solely for the purpose of a User’s personal entertainment and benefit. The use of the Tools for business or commercial purposes is strictly prohibited.
2.2. JomBazzar may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend, discontinue the provision of, or remove any of the Tools, and JomBazzar shall not be liable if any such upgrade, modification, suspension, discontinuation or removal affects your use of the Platform or prevents you from accessing any of the Tools.
2.3. A “User” means a Customer who has installed the JomBazzar mobile app and registered for a customer account on the Platform. The use of certain Tools may be subject to additional terms of eligibility, which shall be prescribed by JomBazzar in its sole discretion; such additional terms of eligibility would be set out in the relevant Additional Terms.
2.4. Users shall be prohibited from running the Tools (including all individual mobile application page interfaces) with programs other than the relevant JomBazzar client program provided by JomBazzar. Examples of prohibited programs include, without limitation, automated bots and other tools meant to replace or supplement the relevant JomBazzar client program provided by JomBazzar, as well as scripts and completely or partially automated programs that provide any User with any advantage over other Users by enabling, for example, auto-refresh functions and other integrated browser mechanisms that use or concern automated procedures for using the Tools.
2.5. Users are, under no circumstances, permitted to do any of the following:
(i) create, exploit or use bugs, cheats, mods and/or hacks, or any other third party software products that may change the result, function or gameplay of the Tools;
(ii) use software that allows the mining or scraping of data or otherwise intercepts or collects information in connection with the Tools;
(iii) use any rewards (including, without limitation, virtual items such as promo codes, deal, platform or brands vouchers) acquired via the Tools for any purpose other than the purchase of Products on the Platform; and
(iv) sell, buy or trade customer accounts on the Platform, and the foregoing shall include all circumventions, similar actions or actions that produce an effect that matches the aforementioned prohibitions.

3. Warranties and Liability

3.1. JomBazzar offers the Tools within the context of its technical and operational capabilities.
3.2. Unless expressly set out in these Platform Terms or the relevant Additional Terms, to the fullest extent permitted by law, neither JomBazzar nor any of its service providers or affiliates makes any warranty (whether express or implied), representation or undertaking about the Tools (including, without limitation, their accuracy, availability and reliability), any software or hardware used with the Tools, any application or feature accessed by a User using the Tools, or the reliability or quality of the underlying telecommunications network accessed by such User using the Tools.
3.3. The Tools are provided on an ‘as is’ and ‘as available’ basis, and their availability is subject to the availability, functionality and reliability of resources used to provide the Tools (including, without limitation, the Platform, JomBazzar’s systems and the relevant third party tools), downtime and lack of availability (whether for technical reasons, required maintenance work, or otherwise), as well as events, circumstances or causes beyond JomBazzar’s reasonable control.
3.4. To the fullest extent permitted by law, JomBazzar shall not be responsible to any User for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or relating to such User’s use of, or inability to use, the Tools (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Platform Terms, (ii) any alleged unauthorised transactions, disruptions, errors, defects or unavailability of the Tools, and (iii) any loss of data or damage to any software or hardware used by such User to access the Tools.
3.5. In the event that any Liabilities are not excluded under clause 3.4 of these Platform Terms, to the fullest extent permitted by law, JomBazzar’s maximum aggregate liability to any User in respect of such Liabilities, whether under all applicable laws of contract, tort or otherwise, shall be limited to RM100.

4. Content Restrictions

4.1. The Tools include various content, imagery, media and graphics that are protected by trademarks, copyrights or other means for the benefit of JomBazzar or third parties. Unless explicitly permitted by these Platform Terms, or otherwise agreed in writing by JomBazzar, no User or any third party may edit, copy, distribute, publicly reproduce or use any Tool for any purpose other than the purpose set out in clause 2.1 of these Platform Terms. Copyright information and brand names may not be changed, hidden or removed. The term “content” includes all and any data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and any other information provided or developed by JomBazzar, and any such services available for download.
4.2. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of the Platform, the Tools or any individual services or functions on the Platform. Users are also required to abstain from any measure which may allow unauthorised access to data.

5. User’s Obligations

5.1. Each User acknowledges and agrees:
(i) to comply with all applicable laws and regulations when using the Tools;
(ii) to comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines, as well as third party terms of sharing channels that a User may use to invite others to use the Tools) that apply to the use of the Tools used by such User;
(iii) to be responsible for all information that is communicated, submitted or transmitted, whether to JomBazzar or third parties, from such User’s account or device in the course of such User’s use of the Tools;
(iv) not to use the Tools or permit the use of the Tools in any manner which may adversely affect other Customers’ or Users’ use of the Tools or the goodwill or reputation of JomBazzar or the JomBazzar group of companies; and
(v) to be responsible for complying with these Platform Terms.

5.2. Where JomBazzar, in its sole discretion, discovers or suspects that a User has breached any of these Platform Terms or the relevant Additional Terms, JomBazzar may take all such steps and remedies as it deems appropriate. Such steps include, without limitation:
(i) to investigate such User’s account;
(ii) to prevent, restrict or suspend the access of such User to the Tools (or any part thereof) or the Platform;
(iii) to report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities;
(iv) to forfeit any rewards which a User may have received due to the User’s use of the Tools; and
(v) to cancel any Orders placed during a User’s use of the Tools.

6. Data Collected by JomBazzar

6.1. JomBazzar may collect information from the Users in the course of their use of the Tools. Such information may include personal information such as photographs, names and usernames that a User may upload, provide or use.
6.2. Any personal information that JomBazzar collects may be used by it, or shared with or transferred to third parties (including related companies, third party service providers, and other Users), for any or all of the following purposes:
(i) to display on scoreboards on the Platform (as defined in the Terms of Use) in relation to the Tools;
(ii) to facilitate the administration of the Tools and any rewards associated with the Tools; and
(iii) to otherwise facilitate the use of the Tools.

6.3. For the avoidance of doubt, the Privacy Policy (and the notification of the purposes of data collection therein) as referred to in the Terms of Use shall apply to all personal information referred to under these Platform Terms.

7. Miscellaneous

7.1. If at any time any provision of these Platform Terms or any Additional Terms shall be held to be illegal, invalid, or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of JomBazzar. To the extent it is not possible to delete or modify the provision, in whole or in part, under this clause, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Platform Terms or the relevant Additional Terms, as the case may be, and the legality, validity and enforceability of the remainder of these Platform Terms or the Additional Terms (as the case may be) shall, subject to any deletion or modification made under this clause, not be affected.
7.2. JomBazzar reserves the sole right to alter, modify, add to or otherwise vary these Platform Terms at any time and from time to time, and in such manner as JomBazzar deems appropriate at its absolute discretion. In the event of variation of these Platform Terms, if you continue to use the Tools thereafter, you shall be bound by the Platform Terms as so amended and shall be deemed to have accepted the Platform Terms as so amended.
7.3. The laws of Malaysia shall apply to and govern these Platform Terms. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (“AIAC”) under the AIAC Arbitration Rules. The seat of arbitration shall be Kuala Lumpur. The arbitration proceedings shall be conducted in English. Notwithstanding the foregoing, if either party believes that it may suffer irreparable harm prior to the resolution of any conflict by following the arbitration procedures, such party may apply to a court of competent jurisdiction for a restraining order or other equitable relief in order to prevent or alleviate such harm pending the arbitration.

JOMLIVE

1. Definitions and interpretation
1.1 In these JomLive Terms and Conditions, unless the context otherwise requires, the following definitions shall apply:
“Counterfeit”, in relation to the Seller’s Goods (as defined in the Terms of Use), shall mean any goods (including packaging) bearing without authorization a trade mark which is identical with or so nearly resembles the trade mark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trade mark, and which infringes the rights of the proprietor of the trade mark under the Malaysian Trade Marks Act 1976.

                                                             “JomBazzar Authenticated Delivery Badge” means the icon applied to the Product Details Page of selected JomLive Goods to indicate that the JomLive Guarantee is available for this JomLive Good. The JomBazzar Authenticated Delivery Badge is represented by the following icon:

(a) JomBazzar reserves the right to decide in its sole and absolute discretion, on a per item basis, if ascertained good(s) delivery will be available or not.
(b) Factors that determine Fast Refund availability, include but not limited to:
· Item price and type
· Payment type
· Purchase and refund history

(c) JomBazzar reserves the right to change the factors that determine JomBazzar Authenticated Delivery availability in its sole and absolute discretion from time to time.

“JomLive Channel” means the sales channel operated by JomBazzar for the purposes of the JomLive Programme.
“JomLive Goods” means goods purchased from a Seller (as defined in the Terms of Use), on the JomLive Channel through the Platform (as defined in the Terms of Use).
“JomLive Terms” means these terms and conditions, as amended by JomBazzar in its sole and absolute discretion from time to time.
“Terms of Use” means the terms and conditions governing the Customer’s use of the JomBazzar.my website and/or the JOMBAZZAR mobile app and which are set out at JomBazzar.my.
“Order Detail Page” means the page where a user can review information regarding its Order for the relevant goods available on the Platform.
“Delivery Detail Page” means the page where a user can review delivery information regarding its Order for the relevant goods purchased from the Platform.
“Product Details Page” means the product details page of the relevant goods available on the Platform.
“Terms of Use” means the terms and conditions governing your use of the Platform and which are set out at http://www.jombazzar.my/Jombazzar/terms-of-use/

2. Service Terms
2.1 These JomLive Terms shall apply to your purchase of JomLive Goods. Such JomLive Goods can be identified from the “JomLive” badge on the Seller’s listing of the goods.
2.2 By purchasing JomLive Goods, you agree to be bound by these JomLive Terms, as amended from time to time, in addition to the Terms of Use for the Platform, which are incorporated by reference into these JomLive Terms.
2.3 For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.
2.4 In the event of a conflict between the provisions of these JomLive Terms and the Terms of Use, the provisions of the JomLive Terms shall prevail.

3. Representation and warranty
3.1 JomBazzar represents and warrants (as committed by Seller) that the JomLive Goods are not Counterfeit.
3.2 Save as provided in Clause 3.1 and in the Terms of Use, JomBazzar expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind.
3.3 Notwithstanding anything to the contrary in the Terms of Use, your sole and exclusive remedy for JomBazzar’s breach of the representation and warranty given in Clause 3.1 shall be limited to this Clause 3.3.
(a) If you believe that the JomLive Goods which you have purchased do not conform to the representation and warranty given in Clause 3.1 (provided clearly proven with detailed evidences), you must make a refund claim in accordance with the procedure, and subject to the exceptions and limitations, set out in the Return Policy, within fifteen (15) days of the date on which you received the JomLive Goods.
(b) Following your refund claim, you will be provided with a template refund claim form (“Claim Form”), within which you should state the reasons for your belief that JomLive Goods which you have purchased does not conform to the representation and warranty given in Clause 3.1.(forms must be returned within 3 days from day of receipt)
(c) You shall return the JomLive Good to JomBazzar in accordance with JomBazzar’s instructions. Once JomBazzar receives the JomLive Good, JomBazzar shall refund you the full purchase price of the JomLive Good within a reasonable period.
(d) Following the return of the JomLive Good to JomBazzar, JomBazzar shall verify your Claim Form. For the purposes of facilitating such verification, you shall use your best endeavours to fully cooperate with JomBazzar. In the event that JomBazzar determines, in its sole and absolute discretion, that the JomLive Good does not conform to the representation and warranty given in Clause 3.1:
(i) JomBazzar shall issue a store credit voucher or rebate coupon equivalent in value to the full purchase price of the JomLive Good to your JomBazzar account; and
(ii) you shall thereafter have no further claim against JomBazzar, and you shall release and hold harmless JomBazzar from any and all liability arising out of or in connection with your purchase of the JomLive Good.

(e) In the event that JomBazzar determines, in its sole and absolute discretion, that the JomLive Good does conform to the representation and warranty given in Clause 3.1, you shall have no further claim against JomBazzar, and you shall release and hold harmless JomBazzar from any and all liability arising out of or in connection with your purchase of the JomLive Good.
(f) JomBazzar’s determination pursuant to this Clause 3.3 shall, save in the case of manifest error, be final and binding on you.
(g) If you fail to make a refund claim within fifteen (15) days of the date on which you received the JomLive Goods, as set out in Clause 3.3(a), you are deemed to have accepted the JomLive Goods as conforming to the representation and warranty given in Clause 3.1.

4. Availability of JomLive Guarantee
4.1 JomBazzar may offer guarantees for delivery of selected JomLive Goods within specified dates (the “JomLive Guarantee”). Availability of the JomLive Guarantee for JomLive Goods shall be indicated by the appearance of the JomBazzar Authenticated Delivery Badge on the Product Details Page. For the avoidance of doubt, where the JomBazzar Authenticated Delivery Badge does not appear, the JomLive return and/or refund is not available.
4.2 The dates for delivery of JomLive Goods pursuant to the JomBazzar Authenticated Delivery Badge shall be reflected on the Order Detail Page and the Delivery Detail Page. You acknowledge and agree that any timelines or dates shown for delivery on the JomBazzar Platform in respect of the JomBazzar Authenticated Delivery Badge, save for the dates indicated on the Order Detail Page and the Delivery Detail page, are only indicative estimates, and you shall not hold JomBazzar directly or indirectly liable for any losses arising out of or in connection with any reliance that you place on such estimates.

5. Terms and Conditions of the JomBazzar Authenticated Delivery Badge
5.1 Subject to the availability of the JomBazzar Authenticated Delivery Badge as set out in Clause 4 and the terms and conditions of the JomBazzar Authenticated Delivery Badge as set out in this Clause 5, you shall receive payment for the amount specified in the Product Details Page as compensation where JomBazzar delivers the JomLive Goods to you after the latest date, or after the timeframe, specified in the JomBazzar Authenticated Delivery Badge section of the Order Detail Page and the Delivery Detail Page (“Compensation”). Save for the Compensation, you hereby agree that you shall not have, and hereby waive and relinquish, any other rights or claims in respect of the JomBazzar Authenticated Delivery Badge not being fulfilled.
5.2 You shall be entitled to Compensation for each Order you place through the Platform, regardless of the number of JomLive Goods which are placed pursuant to such Order, or the number of JomLive Goods which are delivered to you after the latest date, or after the timeframe, specified in the JomBazzar Authenticated Delivery Badge section of the Order Detail Page and the Delivery Detail Page. To illustrate, if you purchase two JomLive Goods under one Order, and JomBazzar or its agent is unable to fulfil the JomBazzar Authenticated Delivery Badge, you shall be entitled to receive Compensation of the amount specified in the Product Details page.
5.3 Where Compensation is paid to your JomBazzar account through a Voucher or a Promo Coupon (store credit) is issued to your JomBazzar account, JomBazzar reserves the right to impose restrictions or limitations to the use of the Voucher or Promo Coupon, including but not limited to, expiration dates, transfer of the Voucher or Promo Code to other users, or restrictions to use with Products, or categories or classes of Products, as specified by JomBazzar at its sole and absolute discretion. For the avoidance of doubt, Compensation made via Voucher or Promo Coupon cannot be exchange or redeemed for cash.

5.4 Notwithstanding that the JomBazzar Authenticated Delivery Badge has been made available for the JomLive Good you select, you hereby agree to waive your right to Compensation where any of the following take place:
(a) Delivery address for the JomLive Good is incorrect or incomplete;
(b) You refuse to accept, or fail to make payment for, the JomLive Good, for any reason whatsoever;
(c) You fail to make payment for the JomLive Good in order to be eligible for the JomBazzar Authenticated Delivery Badge, before the date and time set out in the Order Detail Page;
(d) You request any amendments to the time of delivery, delivery address or mode of delivery after the Order has been made;
(e) You fail to adhere to any of the delivery instructions issued by JomBazzar or our agents, including where you or your representative are not present to receive the JomLive Good when JomBazzar, or JomBazzar’s agent attempts delivery, or any of the instructions you issue to JomBazzar or our agents for delivery cannot be reasonably fulfilled;
(f) You specify for delivery of the JomLive Good to be made to a collection point;
(g) Delivery cannot be made to your address for reasons due directly or indirectly to an event or failure which is beyond JomBazzar’s reasonable control, including acts of God, natural disasters, war, rebellion, revolution, contamination, pandemic, lockdown, pollution, acts or threats of terrorism, or riots
(h) Delivery of the JomLive Good cannot be made to the delivery address you specify in the Order Detail Page and the Delivery Detail Page for any other reason.

5.5 You acknowledge and agree that JomBazzar has the sole and absolute right to determine if any of the circumstances set out in Clause 5.4 have taken place. You agree that you shall not dispute any of JomBazzar’s determinations in this regard.
5.6 JomBazzar reserves the right not to issue Compensation to you at its sole discretion and with no reference or notice made to you, for any reason whatsoever.

6. Use and disclosure of data
You agree that JomBazzar shall be entitled to use or disclose any information or data disclosed by you in accordance with JomBazzar’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by JomBazzar from time to time.

7. Miscellaneous
7.1 You shall be bound by and shall fully observe and comply with these JomLive Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you. The rights and protections conferred on JomBazzar under these JomLive Terms shall be additional to the rights and protections conferred on JomBazzar under the Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you.
7.2 Any clause in these JomLive Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
7.3 JomBazzar reserves the right to alter, modify, add to or otherwise vary these JomLive Terms from time to time, and in such manner as JomBazzar deems appropriate. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Service after such notice, you shall be deemed to have accepted the amendments.

JOMBAZZAR CARE
This Service Contract is a legal agreement between you and RainbowZebra Sdn Bhd, which governs the provision of the Services by us in respect of Product(s). By purchasing a Product, you acknowledge and agree to be bound by this Service Contract. Please refer to the “DEFINITIONS” section at the end of this Service Contract for the meanings of capitalised terms used in this Service Contract.
Your purchase of the Services extends the manufacturer’s warranty period for a twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) commencing upon the expiry of the manufacturer’s warranty. The period commencing from the expiry of the manufacturer’s warranty and ending twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) is known as the Service Period.

The Services are subject at all times to the following:
a) We have the sole option to repair or (if in our sole discretion it is more commercially practicable to do so) replace your Product with an item of similar quality and specifications.
b) If we determine (in our sole discretion) that it is more commercially practicable to replace your Product instead of repairing it, the original Product shall be replaced with a similar product. Due to technological advances, the replacement Product may be of lower retail value than the original Product or it may be a Refurbished Product. If the original Product is replaced, the Services will cease from the date of replacement.
c) Repairs or replacements of the Product are limited to products purchased domestically.
d) Repairs or replacements of the Product are limited to products which are for personal use. This means that Products that have been used for commercial or other non-personal use shall be excluded from this Service Contract.
We would only perform the Services during the Service Period. This means that we have no obligation to perform or provide the Services during the manufacturer’s warranty period, and the Services provided under this Service Contract shall not cover or replace the manufacturer’s warranty. You must exercise your rights and benefits under the manufacturer’s warranty before making a Service request under this Service Contract.

LIMITATIONS OF LIABILITY
Our liability under this Service Contract will not, under any circumstances, extend to any loss or injury to a person or loss or damage to property or any incidental, contingent, special or any direct or indirect loss and consequential damages including but not limited to losses incurred due to any delay in rendering service related to this Service Contract and loss of use during the period that your Product is at an authorised repair centre, and/or while awaiting repair or replacement.

ACCIDENTAL DAMAGE
If you purchase the Services for a Mobile Device, you are entitled to the following repair services (or if in our sole discretion it is more commercially practicable to do so) replacement, if there is Accidental Damage to your Mobile Device:
a) You are entitled to one (1) instance of repair services or a one (1) time replacement of the Mobile Device for any Accidental Damage. If in our sole discretion it is more commercially practicable to replace your Mobile Device instead of repairing it, the original Mobile Device shall be replaced with a similar product. Due to technological advances, the replacement Mobile Device may be of lower retail value than the original Mobile Device or it may be a Refurbished Product. If the original Mobile Device is repaired or replaced, the Services will cease from the date that the repaired or replaced Mobile Device is delivered to you.
b) Repair services for Accidental Damage will apply to Accidental Damage which occurred between the period beginning seven (7) days (“Effective Date”) from the Mobile Device delivery date and twelve (12) calendar months after the Effective Date.
c) Repair requests in relation to Accidental Damage must be submitted to us within two (2) working days of the Accidental Damage occurring. For the avoidance of doubt, you may only submit one (1) repair request in relation to Accidental Damage for the first year of the Service Contract, starting from the date you receive your Mobile Device.

GENERAL EXCLUSIONS:
JomBazzar will not be liable under the Service Contract if you do not submit the Product to an authorised repair centre for repair for Carry-in Products or if you do not raise a Service request with the JomBazzar Care call centre for bulky, non-Carry-in Products, before the expiry of the Service Contract, and in the case of Accidental Damage (for Mobile Device) only, if a Service request has not been submitted within two (2) working days of the Accidental Damage occurring.
If you send the Product for repair and/or servicing by an unauthorized service centre, this Service Contract will be null and void, and we will have no obligation to perform the Services in relation to such Product.

EXCLUSIONS:
We shall not be liable to provide you the Services in relation to any of the following:
1. Any damage or problems with the Product caused by negligence, omission or default of any kind, other than where you are entitled to services under “Accidental Damage”.
2. Liability arising out of implied warranties of merchantability, implied warranties of fitness, and strict liability.
3. Liability to anyone other than the Service Contract holder, as the case may be, except if you notify us of a transfer of a Service Contract per the terms below.
4. Any acts of fraud, or other dishonest or criminal acts.
5. Property and/or product liability insurance.
6. Products that are still covered by the manufacturer’s/dealer’s original written warranty, or your dealer warranty, repairer’s warranty, or any other warranties in effect.
7. Any defects that are subject to recall by the manufacturer / dealer.

8. Non-operating and cosmetic items, paint, or product finish, accessories used in or with the eligible product unless covered under a separate Service Contract, cables, cords, add-on options incorporated in a product for which options are not essential to the basic function of the Product for which the Service Contract was purchased.
9. Software (including operating system and any stored data), defects resulting directly from software installation and or removal, computer virus, virus prevention, and other peripherals.
10. Routine maintenance, cleaning, adjustments or software updates.
11. Abuse, theft, sand, corrosion, excessive heat, battery leakage, Acts of God, commercial usage, power outages or surges, inadequate or improper voltage or current (fluctuation of electrical power, lightning, static electricity), improper environment (including lack of proper temperature or humidity). Unauthorised modifications made to the Product and/or problems/defects arising from such unauthorised modifications; altered serial/IMEI numbers; failure to follow manufacturers’ instructions on installation, operation or maintenance; repairs performed by non-authorised repairer; any items not affecting the function of the Product; image burn.
12. Costs of express service charges, transportation damage, removal or reinstallation unless specifically included in the Service Contract.
13. Problems or defects not covered under the original manufacturer’s/dealer’s original written warranty or any other warranties in effect unless otherwise stated, unless otherwise specified in the Service Contract, including but not limited to where you are entitled to Accidental Damage related repair or replacement services.
14. Failure to follow manufacturer’s recommended instructions for installation, operation, routine care maintenance, inspection, cleaning, external adjustments etc. including problems cause by a device that is not the Product, including equipment/accessories that are not produced by original equipment manufacturer, whether or not purchased at the same time as the Product.
15. Damage due to organic infestation (from internal and/or external sources).
16. Deterioration or spoilage of any food stored due to defect of refrigerator.
17. Water leakage due to blockage of drainpipe under normal use.
18. Commercial use (multi-user organisations), public rental, use for profit or communal use.
19. Any diagnosis where no defect has been found or noted.
20. Consumables including but not limited to batteries, bulbs, compact discs, digital tapes, stylus, toner and ink cartridges.
21. External faults such as rust, wiring, electrical connection or plumbing, piping, fitting, realigning of signal receivers (poor receptions), and consequential loss of any kind.
22. Normal wear and tear, scratching, chewing, spilled liquids, corrosion, animal and insect infestation, fungi, wet or dry rot, or bacteria, misuse, neglect and abuse.
23. Repairs necessitated by improper maintenance, accidental, intentional physical damage, damage by sand or water, unless otherwise specified in the Service Contract including but not limited to where you are entitled to Accidental Damage repair or replacement services.

FOR SERVICE REQUEST – CONNECT ON OUR CHAT BOX
When the Product failure occurs due to an electrical or mechanical defect or accidental damage, you may contact the Chat Box on the platform to report the failure.
Our experienced customer service representatives will be ready to guide you through the Service process. To expedite the Services, please ensure that you have your Service Contract details readily available before placing the call. If the Product failure is not reported to us prior to repair/replacement, the repair/replacement cost shall not be approved.
To validate that your Product is covered by the Services, please ensure you keep all the proof of purchase, such as sales receipts, in a safe place.

CANCELLATION
This Service Contract can be cancelled within fourteen (14) days of the Product order date at a full refund of paid service fee provided that no Service request has taken place. If a Service request has taken place, no refund will be provided upon cancellation.

CONTRACT TERMINATION
This Service Contract will terminate automatically:
(i) upon expiry of the term of this Service Contract,
(ii) when a Product has been repaired and returned to you,
(iii) upon replacement of the Product if (in our sole discretion it is more commercially practicable to do so) or
(iv) upon written notification by us of termination of this Service Contract within fourteen (14) days of original purchase of this Service Contract (subject to our providing a full refund of paid service fees), whichever is earlier.

GENERAL
This Service Contract is not an insurance contract, insurance policy or guarantee. This Service Contract is not a guarantee or promise relating to the nature of the material, workmanship or performance of your Product.
For verification purposes, you may be required by our customer service representative to present your Service Contract to expedite the provision of the services contemplated by this Service Contract. As such, we recommend that you place these documents in a safe place.

DEFINITIONS:
• Accidental Damage means at a definable time and place your Mobile Device stops working normally and its usability or its safety is affected solely as a result of either of the following events:
(i) Screen Damage: Loss of functionality, cracking or breaking of the screen. Repairs for such damage provided under this Services Contract will be limited to parts needed to fix a cracked or broken screen and back glass such as glass /plastic screen, LCD and sensors fixed to the screen; or
(ii) Liquid Damage: Loss of functionality of the Mobile Device as a result of a liquid directly damaging the electronic components of the Mobile Device, caused by unintentional spills.
For the avoidance of doubt, damage to your Mobile Device which arose as a result of deliberate acts or omissions to cause the Mobile Device to stop working normally, or to affect its usability or its safety shall not constitute Accidental Damage. We shall (acting reasonably) have sole determination of whether damage done to a Mobile Device is deliberate.
• Act of God refers to natural disaster, fire, flood, war, invasion, act of foreign enemy, hostilities or warlike operations, civil war, civil commotion.
• Mobile Device means a mobile phone that performs many of the functions of a computer, typically having a touchscreen interface, Internet access, and an operating system capable of running downloaded applications (“Smartphone”), or a wireless portable personal computer with a touchscreen interface that does not have a permanently attached keyboard (“Tablet”) that You purchase from JomBazzar and is covered by the Services.
• Product means a product listed for sale on JomBazzar and covered by the Services under this Service Contract.
• Refurbished Product means a used product that is in good condition. There will be signs of use such as scratches but will not include deep scratches and no significant signs of heavy wear and tear. This will not affect the functions of the product.
• Service(s) means arranging for the repair or replacement of the Product pursuant to this Service Contract.
• We, us, our and JomBazzar refers to RainbowZebra Sdn Bhd, the provider of the Services under this Service Contract.
• You and your refer to consumers who purchase Products and cover by the Services under this Service Contract.

DIGITAL VOUCHERS & GIFT CARDS
1. General
1.1 By purchasing and/or using digital voucher(s) or digital coupon(s) bought from the Platform (the “Digital Good(s)”), you, the Customer (as defined in the Terms of Use), agree to be bound by these Digital Goods Terms and Conditions (the “Digital Goods Terms”), in addition to the Terms of Use for the Platform, which are incorporated by reference into these Digital Goods Terms.
1.2. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of these Digital Goods Terms and the Terms of Use, the provisions of these Digital Goods Terms shall prevail.
1.3. You should refer to the product details page of the relevant Digital Good(s) (“Product Details Page”) for any Seller (as defined in the Terms of Use) specific terms and conditions and expiry dates.

2. Issuance of Digital Good(s)
2.1. When you buy a Digital Good(s), you will receive it via your provided email and/or via your JomBazzar Wallet (as defined in the JomBazzar Payment Account User Terms and Conditions).
2.2. If, for whatever reason, you fail to receive the Digital Good(s) in accordance with these Digital Goods Terms, JomBazzar may at its sole and absolute discretion offer a voucher to you. Upon the acceptance of such voucher by you, you agree that you shall have no further claim against Seller.
2.3. Seller is the issuer of the Digital Good(s) but is not responsible for failure to issue as a result of any Platform or JomBazzar Wallet failure. You acknowledge and agree that you shall not hold JomBazzar responsible for any failure or error in the issuance of the Digital Good(s), whether as a result of Platform or JomBazzar Wallet failure or otherwise.
2.4. You acknowledge that purchase and receipt of the Digital Goods(s) is subject to the issuance and availability of the Digital Good(s). In lieu of the Seller, JomBazzar may be responsible for delivering the Digital Good(s), in which case JomBazzar will use reasonable efforts to do so, within the lead-time as stated in the Product Details Page of the Digital Good(s).

3. Digital Good(s) – Loss, Theft, Used in Error or Used Prematurely
Once purchased, the Digital Good(s) is your responsibility and any Digital Good(s), including any accompanying QR code, barcode, PIN codes and/or serial number (each a “Code”), that are lost or stolen, used in error or used prematurely shall not be replaced.

4. Redeeming Digital Good(s)
4.1. Instructions on how to redeem Digital Good(s) may be made available on the Product Details Page.
4.2. You acknowledge that fulfilment of the Digital Good(s) is not guaranteed. It is subject to circumstances which may or may not be beyond the control of JomBazzar, including but not limited to the availability of the Digital Good(s), or the failure of Seller to procure the merchant’s agreement to provide the relevant merchant’s goods and services upon redemption of the Digital Good(s). You agree not to hold JomBazzar liable for any errors, omissions, service interruptions, faults, defects, failure to conclude a redemption of the Digital Good(s).
4.3. Codes may be used to redeem products and/or services at the Seller’s or Seller-specified merchant’s premises stated in the Product Details Page.

5. Your Obligations and Use of the Digital Good(s)
5.1. You acknowledge and agree that:
5.1.1. Digital Good(s) can only be redeemed within the period of time and the premises, where applicable, specified on the Product Details Page;
5.1.2. Digital Good(s) cannot be redeemed on certain black-out dates or promotion dates set by Seller or JomBazzar;
5.1.3. You shall not use Digital Good(s) or permit the use of Digital Good(s) in any manner which may adversely affect other Customers’ use of Digital Good(s) and/or any other Service (as defined in the Terms of Use) provided to such Customers, as JomBazzar may reasonably determine;
5.1.4. Digital Good(s) are offered to you on an “as is” basis, and unless otherwise specified in these Digital Goods Terms;
5.1.5. reproduction, sale, resale or trade of Digital Good(s) is prohibited, and any attempt to carry out any of these activities entitles JomBazzar to void the Digital Good(s) at its option;
5.1.6. if the Digital Good(s) are redeemed for less than its face value, there is no entitlement to cashback, cash or new Digital Good(s) equal to the difference between the face value and the amount redeemed;
5.1.7. Digital Good(s) are redeemable in their entirety only and may not be redeemed incrementally;
5.1.8. it is at the discretion of the merchant to determine whether the Digital Good(s) may be combined with any other promotions, vouchers, third party certificates or coupons;
5.1.9. use or purchase of the Digital Good(s) constitutes acceptance of these Digital Goods Terms;
5.1.10. you are responsible for all information you submit, transmit or otherwise make available during the purchase or redemption of any Digital Good(s); and
5.1.11. to the fullest extent permitted by law, JomBazzar expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Digital Good(s) or Code, without prejudice to any other provision in these Digital Goods Terms.

6. Refunds, Exchange and Cancellations
6.1. Any Digital Good(s) bought cannot be returned, refunded, transferred and/or cancelled after purchase, unless a refund and/or cancellation is permitted in accordance with Clause 6.6.
6.2. Issued Digital Good(s) cannot be exchanged for cash. Each Seller may have its own policy on the exchange of issued Digital Good(s).
6.3. Replacement of the Digital Good(s) may be allowed, at JomBazzar’s sole and absolute discretion, if there is a systemic failure on Seller or JomBazzar’s part.
6.4. Exchange of a Product (as defined in the Terms of Use) or service purchased using Digital Good(s) shall be subject to Seller’s terms and conditions.
6.5. JomBazzar reserves the right to cancel or reject the use of any Digital Good(s) at its sole and absolute discretion, including, without limitation, where it deems or suspects that any transaction is fraudulent.
6.6. Notwithstanding Clause 2.3, JomBazzar may, at its sole and absolute discretion, permit a refund and/or cancellation of Digital Good(s), provided always that the Digital Good(s) have not expired.

7. Availability of Digital Good(s)
7.1. You acknowledge that purchase or redemption of Digital Good(s) are subject to resource availability, including, without limitation, availability of the Platform.
7.2. JomBazzar does not make any representation, warranty or guarantee:
7.2.1. on the performance and capability of the Platform;
7.2.2. that the JomBazzar Wallet and the Codes are appropriate and available for use at all times;
7.2.3. about the accuracy, reliability, suitability, completeness or timeliness of the JomBazzar Wallet and/or the Codes;
7.2.4. about the quality, suitability, safety or ability of the Digital Good(s) issued by the Seller;
7.2.5. about the quality, suitability, safety or ability of the goods and/or services made available by the merchants; and/or
7.2.6. on the success of any redemption of the Digital Good(s).

7.3. You acknowledge and accept that JomBazzar may suspend, terminate and/or discontinue the purchase or redemption of the Digital Good(s) at its sole and absolute discretion without prior notice and without any liability whatsoever to you.

8. Use and Disclosure of Data
8.1. You agree that JomBazzar shall be entitled to use or disclose any information or data disclosed by you in accordance with JomBazzar’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by JomBazzar from time to time.
8.2. Order issuance in relation to Digital Good(s) may be handled by a third party appointed by JomBazzar, in which case you may receive direct communication of Digital Good(s) Codes from the third party.

9. Miscellaneous
9.1. The rights and protections conferred on JomBazzar under these Digital Goods Terms shall be additional to the rights and protections conferred on JomBazzar under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by you .
9.2. Any clause in these Digital Goods Terms, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by you that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
9.3. JomBazzar reserves the right to alter, modify, add to or otherwise vary these Digital Goods Terms from time to time, and in such manner as JomBazzar deems appropriate without prior notice. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Digital Good(s) after such amendment, you shall be deemed to have accepted the amendments.

LIVESTREAMING & CONTENT
Terms of Service For JomBazzar Livestreaming and User Generated Content
1. Interpretation
1.1 In these Conditions:
“Content” includes any sound, sound sequences, music, text, still pictures, photos, moving pictures, videos, software programs, codes or other audio-visual representation or audio-visual combination, or the tactile representation or any combination of the preceding which you may view from the JomBazzar Platform, or upload to the JomBazzar Platform and which is capable of being created, manipulated, stored, retrieved or communicated electronically. Content includes, but is not limited to, Livestream Content, Professionally Generated Content (PGC), User Generated Content (UGC), and comments, reviews and other user interactions posted to Livestream Content, PGC and UGC.
“JomBazzar Content Service” means viewing, accessing, or uploading any Content to the JomBazzar Platform.
“JomBazzar Platform” means the https://www.JomBazzar.my/ website and/or the JomBazzar mobile app;
“Livestream Content” means the streaming of live Content through the Internet to the JomBazzar Platform using JomBazzar’s livestreaming tools and may be accessed by any JomBazzar User. JomBazzar’s livestreaming tools comprise of a system which allows real-time streaming of video and audio content from JomBazzar approved accounts to the Livestreaming section of the JomBazzar Platform, which content may be viewed by all registered JomBazzar users and/or anyone who visits the JomBazzar Platform.
“PGC” means Content that is generated by any third party commissioned or hired by JomBazzar to generate such Content.
“Presenter” means any person who appears or features in Live Stream Content. Presenters include persons who host Live Stream Content or otherwise present a segment of a Live Stream Content.
“Prohibited Content” means any content:
(a) in breach of any law or regulation, or any guidelines or other instrument issued by any government or regulatory authority;
(b) content in breach of the Communications and Multimedia Content Code at https://www.mcmc.gov.my/skmmgovmy/files/attachments/ContentCode.pdf;
(c) falls under any of the descriptions and/or classifications listed under Annex 1 to these Terms;
(d) prohibited content as set out in clause 6 (or anywhere in these Terms); OR
(e) deemed by JomBazzar in its absolute discretion, to be unsuitable to be on the JomBazzar Platform.
“Seller” means a seller which uses the JomBazzar Platform to sell Goods to the Buyers, and includes a Third Party Vendor. JomBazzar may also be a “Seller” for selected Goods.
“Seller Center” means the online support platform available to JomBazzar Sellers which can be accessed by logging into the portal at either Jombazzar website or the JomBazzar Seller Center mobile app.
“Services” means the use of any services, information or functions made available by JomBazzar on the JomBazzar Platform (including but not limited to the accessing, viewing and/or uploading of any Content). Any reference made to the JomBazzar Platform in these Terms, shall include the Services or any part of it, unless otherwise expressly stated.
“Terms” means these terms and conditions. The Terms shall be read together with and shall incorporate all definitions within JomBazzar’s Terms of Use at http://www.jombazzar.my/Jombazzar/terms-of-use/, which serve as an agreement between you and us for the use of the JomBazzar Platform and the Services. Where there is a conflict between these Terms and JomBazzar’s Terms of Use, these Terms shall prevail.
“Third Party Vendor” means a seller which, with JomBazzar’s permission, uses the Platform and/or Services to sell Goods to the Buyers, and excludes JomBazzar.
“UGC” means Content generated by either a Buyer or a Seller and is uploaded or viewed on the JomBazzar Platform.
“User” means anyone who accesses the JomBazzar Platform or is a registered user of the JomBazzar Platform, including any Seller.

2. Introduction
2.1 Welcome to the JomBazzar Platform. These Terms govern your access to and use of the JomBazzar Platform.
2.2 Before using the JomBazzar Platform, you must carefully read and accept these Terms. You must also consent to the processing of your personal data as described in the Privacy Policy set out at http://www.jombazzar.my/Jombazzar/terms-of-use/ If you do not agree to these Terms, pl ease do not access or use the JomBazzar Platform or the Services.
2.3 These Terms apply to all Users, including users who access, upload or view Livestream Content, UGC and PGC. By accessing the JomBazzar Platform, you consent and agree to be bound by:
(a) the JomBazzar Terms and Conditions at http://www.jombazzar.my/Jombazzar/terms-of-use/;
(b) these Terms;
(c) the Privacy Policy;
(d) any other terms, conditions, guidelines or policies that JomBazzar may dictate from time to time;
and any amendments, revisions, updates or modifications to the foregoing made by us from time to time.
2.4 We may amend, revise, update or modify these Terms at any time (“Changes”). Changes will be effective when posted on the JomBazzar Platform with no other notices provided and you are deemed to have agreed to the Changes upon their publication on the Platform. You must periodically review the most up-to-date Terms at http://www.jombazzar.my/Jombazzar/terms-of-use/.
2.5 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether wholly or partly, the JomBazzar Platform, and shall not be liable if any such upgrade, modification, suspension, discontinuation or removal prevents you from accessing the JomBazzar Platform or the Services.
2.6 These Terms constitute a legal agreement between you and JomBazzar (“JomBazzar”, “we”, “us” or “our”), as set out in the Introduction section of the Terms of Use.
2.7 You affirm that:
(a) you are either older than 18 years of age and are fully able and competent to enter into these Terms; or
(b) you are the parent or legal guardian of the person using the JomBazzar Platform and agree to these Terms and will ensure that the person using JomBazzar Platform abides by and comply with these Terms.
2.8 For Users below eighteen (18) years of age (“Minor”), you acknowledge that you are the parent or legal guardian of the Minor and consent to the Minor’s use and access to the JomBazzar Platform and Content. You hereby consent and agree to these Terms, the terms of the JomBazzar Privacy Policy, on the processing of the Minor’s personal data, allow the Minor to use or access the JomBazzar Platform and Content and release and hold harmless JomBazzar from any and all liabilities that may arise from he Minor’s use of the JomBazzar Platform (including the uploading or accesing of any content). You acknowledge and accept these Terms on the minor’s behalf and you will be responsible for the minor’s actions, and for any charges associated with the minor’s use of the JomBazzar Platform or Services.
2.9 If you are a Minor and you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the JomBazzar Platform or Services.

3. Using the JomBazzar Platform
3.1 The JomBazzar Platform allows Users to upload UGC in the form of: (a) general comments on the JomBazzar Platform; (b) product reviews; (c) product recommendations; (d) ‘Before & After’ effects of products; (e) unboxing videos; (f) how to use products guides; and/or (g) any other type of Content that we may, from time to time deem fit to allow in our sole and ultimate discretion and without any notice. UGC will be published on the JomBazzar Platform and will be available to any Users and/or anyone who accesses the JomBazzar Platform.
3.2 Users may upload UGC by using any of the provided upload functions on the JomBazzar Platform. User UGC will appear in selected areas of the JomBazzar Platform.
3.3 You acknowledge and understand that we only provide a platform for Users to upload Content. We do not monitor, review, screen, endorse, edit, curate, check or verify the Content uploaded to the JomBazzar Platform. You agree that you access the Content at your own risk and that any decision you make to view, or access the Content or any product or service you sell or purchase as a result of viewing, or accessing the Content is entirely between you and the Content provider. You are solely responsible and shall be liable for all Content you upload or otherwise make available on the JomBazzar Platform.

3.4 The JomBazzar Platform may contain links to third party websites that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the contents of any third-party site. By using the JomBazzar Platform, you expressly relieve us from any and all liability arising from your use of any third-party website.
3.5 We reserve the right to decide which Users will be permitted to access any of the features offered by the JomBazzar Platform (including viewing the Content contained in the JomBazzar Platform or uploading the Content into the JomBazzar Platform). You are prohibited from using another person’s account without authorisation. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may be liable for the losses or damages we or other third parties suffer due to any unauthorized use of your account.
3.6 You will comply with all applicable laws, regulations, policies or guidelines and obtain all regulatory clearances necessary (eg any applicable permits or approvals you may require to display advertisements of products) prior to uploading any Content to the JomBazzar Platform.

4. Your Content
4.1 You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish any Content you submit; and, except for the Livestream Content, you license to us all patents, trademarks, trade secrets, copyright or other proprietary rights in and to such Content for publication on the JomBazzar Platform pursuant to these Terms.
4.2 By uploading Content to the Platform, you confirm that you own the copyright material to the Content. If the Content contains third party copyrighted material which you do not own, please obtain the copyright owner’s permission prior to uploading, sharing or distributing the Content to the JomBazzar Platform.
4.3 Except for the Livestream Content, you retain all of your ownership rights in your Content. However, by using the JomBazzar Platform, you grant to us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and/or perform the Content in connection with the Service and our (and our parent company’s successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
4.4 JomBazzar will retain all ownership rights to all Livestream Content uploaded to the JomBazzar Platform. This means we will own any Livestream Content you create and we will be able to use your Livestream Content (including deleting the Livestream Content, using, reproducing, distributing, preparing derivative works of, displaying, performing the Content, promoting and/or monetising the Livestream Content) in any way without consulting you.
4.5 You hereby assign, grant and deliver exclusively to JomBazzar all rights, titles and interests of every kind and nature whatsoever in and to the Livestream Content, and all copies and versions, including all rights related to and necessary for licensing and merchandising, including rights of privacy and publicity. You further agree to execute and deliver to JomBazzar, if necessary, all relevant instruments and documents as JomBazzar from time to time reasonably may request for the purpose of establishing, evidencing, enforcing, or defending its complete, exclusive, perpetual, and worldwide ownership of all rights, titles, and interests of every kind and nature whatsoever, in and to the Livestream Content.
4.6 You also grant each User of the JomBazzar Platform a non-exclusive licence to access your Content through the JomBazzar Platform, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the JomBazzar Platform and under these Terms.
4.7 The above licenses granted by you are perpetual and irrevocable.

4.8 You further agree that the Content you upload on the JomBazzar Platform will not contain third party copyrighted material, or material that is subject to other third party intellectual property or other proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to us all of the license rights granted in these Terms.
4.9 JomBazzar does not in any manner whatsoever endorse any Content uploaded to the Platform or in using the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content.

5. Takedown Procedures
5.1 If you believe that your copyright-protected work or trade mark was posted on the JomBazzar Platform or otherwise hosted by JomBazzar, without authorisation, you may submit a copyright infringement notification or trade mark infringement notification to legal@JomBazzar.com.my together with the following required documentation :
(a) details of the Content on the JomBazzar Platform which you claim has infringed your copyright or trade mark;
(b) details of the copyrighted work or trade mark you claim has been infringed;
(c) any evidence you may have on your ownership of the copyright or trade mark (for example, a copyright voluntary notification submitted to the Intellectual Property Corporation of Malaysia or a trade mark registration certificate issued by the Intellectual Property Corporation of Malaysia);
(d) proof that you are authorised to act on behalf of the copyright or trade mark owner (if applicable).
JomBazzar reserves the right to request for any additional information or documents in relation to your copyright or trade mark infringement notification. JomBazzar may also contact the Users and provide the Users with an opportunity to address any copyright or trade mark infringement claim.

5.2 Users who seek to address any infringement claims made against their Content must submit:
(a) the grounds on which the User objects to the copyright or trade mark infringement claim;
(b) any proof the User may have of his ownership of the copyright or trade mark in question (for example, a copyright voluntary notification submitted to the Intellectual Property Corporation of Malaysia or a trademark registration certificate with the Intellectual Property Corporation of Malaysia);
(c) proof that the User is authorised to act on behalf of the copyright owner or trade mark owner (if applicable).
JomBazzar reserves the right to request for any additional information or documents in relation to the User’s dispute of the trade mark infringement notification.

5.3 The copyright claimant may file an action seeking a court order to keep the content taken down. Please note that we will forward the entire counter notice to the copyright claimant, including any personal information you provide, and the counter notice may be made public. The claimant may use this information in any action or proceedings initiated or may be initiated against you.
5.4 JomBazzar is not in a position to resolve or mediate any trade mark disputes. You are strongly advised to resolve any trade mark disputes directly with the Users. JomBazzar can only review and remove Contents uploaded using the JomBazzar Platform in clear cases of trade mark infringement. JomBazzar may also contact the Users and provide the Users with an opportunity to address any infringement claims.
5.5 The decision to re-post any Content is at JomBazzar’s sole discretion.

6. Prohibited Content
6.1 You agree not to upload or otherwise make available any Prohibited Content.
6.2 Without prejudice to the generality of the foregoing, you are to comply with the following restrictions:
(a) No offensive content, such as defamatory content, content involving violence, cruelty, nudity, sex, sexual deviancy, pornography, sexual degradation, solicitation of prostitution, offensive language, crude references or hate speech; or content which is indecent, obscene, false or offensive in character, regardless of whether there is malice or intention to annoy, abuse, threaten or harass any person.
(b) No content which is unsuitable for users aged 18 and below.
(c) No content promoting terrorism or terror-related activities.
(d) No content involving references to physical, mental or sensory disability.
(e) No content which encourages the public to engage in or promote unlawful acts, violence, selling or consuming narcotics, psychotropics or other addictive substances.
(f) No inflammatory, subversive or seditious content, such as content which incites or promotes conflict against the country or any state, its constitution, government or laws; or incites or promotes conflict between groups, ethnicities, races, religions or genders, or degrade religious or cultural beliefs.
(g) No content involving gambling, such as games, lotteries, horse-racing, sports betting, astrology, geomancy, palm reading or any other type of fortune-telling device.
(h) No content involving minors without the written consent of such minor’s parent or legal guardian.
(i) No content relating to or promoting content prohibited or banned under any law.
(j) No content which infringes intellectual property rights or causes confusion on the relationship with other organisations or individuals.
(k) No content involving the impersonation of organisations or individuals without such organisations’ or individuals’ written consent.
(l) No content violating data protection laws and intellectual property laws.
(m) No content which is misleading, false or deceptive (for example, content which is misleading as to the price of the product sold and content which makes false claims that the goods are limited or will come with free gifts).
(n) No content which contains words like, or are similar to, “best”, “the best”, “number one”, “proven”, “top-grade” unless these are permitted under applicable laws, regulations, policies or guidelines.
(o) No content which directly compare the prices, quality and efficiency of your products against other products unless permitted under applicable laws, regulations, policies or guidelines (for Sellers).

6.3 If your Content involves the use of physical stunts (for example, where it carries even a slight risk of injury or damage whether to property or person), you must ensure the words “Do Not Attempt” or words of similar meaning are prominently featured on the Content.
6.4 We do not permit copyright infringing activities and infringement of intellectual property rights on the JomBazzar Platform, and we will remove all Content if properly notified that such Content infringes on another’s intellectual property rights, in accordance with applicable laws on intellectual property rights.
6.5 We reserve the right to remove any Content without prior notice to you or without providing any reason for such removal.
6.6 You agree that JomBazzar shall not be liable in any manner whatsoever for any losses or damage suffered in any way as result of JomBazzar’s exercise of its discretion to remove Content.

7. Specific User Conditions For Live Streamed Content
7.1 Only Presenters (including Sellers who want to present in person while live streaming) may appear or otherwise feature in your Live Streamed Content. An application must be made by the Presenter through the Seller Center, or as specified from time to time by us, and acceptance is at our sole and absolute discretion.
7.2 Presenters must meet the conditions we provide when applying for the position of Presenter, which may be contained in the Seller Center, or as dictated by JomBazzar in its sole and ultimate discretion from time to time.
7.3 We may revise these conditions from time to time. Presenter applications shall be governed by the conditions in force at the time of application, regardless of whether such Presenter applications are new or re-applications.
7.4 Sellers shall at all times ensure Presenters comply with these terms and conditions or other policies as contained in the Seller Center and/or JomBazzar’s Terms of Use as we may release. Sellers must not incite, promote or condone breaches of such terms by Presenters.
7.5 If we have determined that a Presenter has failed to comply with these terms and conditions or any of our policies, or for any other reasons deemed necessary by JomBazzar, the Seller must immediately comply with our instructions, including immediately terminating or removing the Live Streamed Content, taking down all saved Live Streamed Content and publicly inform other users on the JomBazzar Platform of the Presenter’s failure to comply. JomBazzar also reserves the right to immediately terminate any Live Streamed Content at any time in its ultimate discretion, without giving any reasons.
7.6 The Seller will be liable for the acts, defaults and neglects of the Presenters, employees or agents of the Presenters as if they were the acts, defaults or neglects of the Seller, and will remain at all times principally responsible to us for its obligations under these terms and conditions.
7.7 JomBazzar reserves the absolute discretion to revoke or terminate the status of a Presenter and the right to appoint or determine a Presenter.
7.8 The Seller must also ensure users who participate in Live Streamed Content interactions comply with any and all terms or policies that we may release, including but not limited to any terms or policies that are contained in these Terms, the JomBazzar Terms of Use and/or Seller Center. Sellers must not incite, promote or condone breaches of such policies by such users.
7.9 Sellers shall ensure Presenters are neatly dressed during the live-stream, and that they avoid wearing inappropriate clothing (such as clothes which are vulgar or obscene, degrade religious or cultural traditions, or feature offensive language). The overall dress should be clean, tidy and professional, with specific requirements as follows:
(a) Presenters shall not wear clothes which reveal sensitive areas of the body, including shall not wear only undergarments;
(b) Presenters shall not wear the uniform or dress of government bodies, armed forces or any organisation.
(c) Presenters shall not wear anything that we may, from time to time, decide in our sole and ultimate discretion as being inappropriate.

7.10 Only feature audio-visual content including songs and videos permitted under applicable laws, regulations, policies or guidelines, including the following:
(a) laws on personal data protection;
(b) laws on intellectual property protection;
(c) the licensing regime under the Communications and Multimedia Act 1998 and its subsidiary legislation;
(d) laws on film censorship;
(e) content laws; and
(f) consumer protection laws.

The list of laws, regulations and/or guidelines that Users must familiarise themselves with and obey are including but not limited to :

⦁ Communications & Multimedia Act 1998 & Guidelines

http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act 589.pdf &
https://www.mcmc.gov.my/skmmgovmy/files/attachments/ContentCode.pdf)

⦁ Sedition Act 1948

http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act 15.pdf

⦁ Malaysian Penal Code

http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Penal Code ACT 574 – TP LULUS 21_2_2018.pdf

⦁ Medicines (Advertisement & Sales) Act 1956 (Revised 1983)

http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act 290.pdf

⦁ Control of Tobacco Product Regulations 2004

https://www.tobaccocontrollaws.org/files/live/Malaysia/Malaysia – TC Regs 2004.pdf

⦁ Defamation Act 1957

http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act 286.pdf

⦁ Film Censorship Act 2002 & Guidelines

http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act 620.pdf & http://lpf.moha.gov.my/lpf/images/Perundangan/GARIS_PANDUAN_PENAPISAN_FILEM(1).pdf

Users acknowledge that the list above is not exhaustive, may not be completely up to date and merely represents JomBazzar’s best effort guide. Users also acknowledge that the links provided above are third party links which are not maintained by JomBazzar, may be outdated and that it is the Users’ own responsibility to ensure that they update themselves on the most current version of the laws and guidelines.

It is the User’s responsibility to ensure that their Content complies with all applicable laws, regulations, policies or guidelines and any amendments which the respective regulators have introduced in the applicable laws, regulations, policies or guidelines. Note that audio-visual content with sexual themes are strictly prohibited at all times.

7.11 Do not display items with inflammatory or offensive elements, including but not limited to items which are sexually suggestive, undermine religious or racial harmony, which make reference to disabilities or which degrade national themes.
7.12 Do not promote or endorse unlawful acts such as drugs, gambling or gun possession.
7.13 Do not perform high-risk stunts or activities.
7.14 Do not display or focus on nudity or sensitive parts of the body such as the chest, buttocks and groin.
7.15 Do not promote or endorse organisations promoting unlawful pyramid schemes.
7.16 Do not self-abuse or attacks others (including but not limited to alcoholism, self-harm, suicide, mutual abuse, animal abuse, ingesting items which cause harm (such as living things, dead objects or inanimate objects).
7.17 Do not live stream in sensitive locations like hospitals, cemeteries, childcare centres, schools or government buildings.
7.18 JomBazzar reserves the right to terminate any Livestream at any time without giving any reasons.

8. Software Licence and Proprietary Rights of JomBazzar
8.1 All intellectual property rights, whether registered or unregistered, in the JomBazzar Platform, which includes any PGC or information content on the JomBazzar Platform and all the website design, trademarks, logos, text, graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the JomBazzar Platform are protected under applicable intellectual property laws.
8.2 The JomBazzar Platform, Intellectual Property and Contents, or any part thereof, shall not be copied, reproduced, distributed, licensed, transferred, published, in any form, or otherwise dealt with in any manner, except as expressly permitted by the Terms. You shall not disassemble, decompile or reverse engineer the JomBazzar Platform.

9. Restrictions In using the JomBazzar Platform
9.1 JomBazzar hereby grants you a non-exclusive, non-transferable, and revocable right to use the JomBazzar Platform as set forth in these Terms provided that you refrain from doing any of the following if you use the JomBazzar Platform:
(a) download or record any Content unless you see a “download” button or hyperlink to download the Content displayed by JomBazzar on the JomBazzar Platform; make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the JomBazzar Platform or any Content, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works;

(b) distribute, license, transfer, or sell, in whole or in part, any of the JomBazzar Platform or any derivative works;
(c) use the JomBazzar Platform, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
(d) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the JomBazzar Platform;
(e) intimidate, abuse, annoy or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) use or attempt to use another’s account, service or system without authorisation, or create a false identity on the JomBazzar Platform;
(g) use the JomBazzar Platform in a manner that may undermine the purposes of the JomBazzar Platform, such as trading reviews with other users or writing or soliciting fake reviews;
(h) use or launch any automated system, software and/or hardware, including without limitation, “bot(s)”, “robot(s)”, “spiders”, “script(s)”, “emulator(s), “simulator(s) and/or anything similar to access or use any Content, Services or the JomBazzar Platform, and/or upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You also cannot use any automated system or software which may (i) overwhelm the servers of the JomBazzar Platform or JomBazzar Content Service in any way, including, but not limited to causing a Distributed Denial-of-Service Attack; or (ii) perform web scraping or data scraping on the JomBazzar Platform or JomBazzar Content Service.
(i) bypass the internal workings (including security features) of the JomBazzar Platform (including changing the coding or interface of the JomBazzar Platform or JomBazzar Content Service);
(j) “doxing” other users on the JomBazzar Platform, including revealing the personal information of other users (including names, email addresses, addresses and phone numbers);
(k) promote products sold on websites other than on JomBazzar;
(l) permit or engage in any fraudulent behaviour against Users, JomBazzar or third parties, including using bots or technology to increase views, followers or sales or manipulate or falsify data;
(m) promote or facilitate the sale of counterfeit goods or goods infringing the intellectual property rights of third parties; and
(n) upload, share or distribute Content which may affect other Users’ use of the JomBazzar Platform, JomBazzar Content Service, or the goodwill or reputation of JomBazzar.

10. What We Can Do If You Infringe These Terms
10.1 You agree that the measures set out in this clause shall apply where the relevant provision of the Content on the JomBazzar Platform or use of the service violates applicable laws or these Term, and you agree this is without prejudice to JomBazzar’s other rights and remedies under these Terms or in law. The measures include:
(a) the immediate removal of the Content;
(b) the deletion of any or all saved Content;
(c) the suspension or termination of your account;
(d) banning you from the JomBazzar Platform or use of the Service for a specified time period or permanently.
(e) taking any other actions against you or any accounts that you may have registered with JomBazzar.

10.2 We may remove any Content you upload to the JomBazzar Platform or disable other people from accessing any Content you upload to the JomBazzar Platform for any reason whatsoever including:
(a) where we deem the Content to be Prohibited Content or inappropriate, at our absolute discretion;
(b) where we have received any request from any authority to remove the Content;
(c) where we have received any complaint from other users on the Content.

10.3 While you own your Content, you agree that we will have a right to modify your Content (including splicing, cropping or otherwise editing your Content) and distribute your Content (whether modified or otherwise) without your permission. You also grant JomBazzar a worldwide, non-exclusive, royalty-free, sublicensable and transferable perpetual licence to use, keep, recreate, duplicate, share, display or prepare derivative works of your Content (modified or otherwise) for any purpose.
10.4 When you upload Content into the JomBazzar Platform, you permit us to disclose your identity (including all details you have shared with us when you open your account on the JomBazzar Platform) to other third parties.

11. Your Personal Data
Your personal data will be processed according to the Personal Data Policy

12. Indemnity
12.1 You are responsible for any loss or damage we may suffer as a result of your breach of these terms and conditions. You also agree to defend, indemnify and hold us and our related companies, officers, directors, employees and agents, from and against any and all claims, losses, liabilities, arising from your use of and access to the JomBazzar Content Service or JomBazzar Platform or from your breach of these terms and conditions. We may also assume control of any matter subject to indemnification by you and you must work with us in making available any defences and indemnify us for any legal fees we may incur.

13. Limitation of Liability
13.1 The JomBazzar Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by JomBazzar of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
13.2 Without limiting the foregoing, we do not warrant that the JomBazzar Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
13.3 JomBazzar and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses and damages (including, without limitation, direct, indirect, incidental, special, punitive, or consequential damages, personal injury/wrongful death, lost profits, whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the JomBazzar Platform or the Services;
(b) reliance on any data or information made available through the JomBazzar Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

13.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the JomBazzar Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
Annex 1
List of other prohibited Content for Livestreaming, PGC and UGC
Severe Violations Violation Reasons Description
Inappropriate Streaming Content Severe Sensitive Information Information that can jeopardize national and social security in accordance with the laws and regulations of the governmental authority
Example: ethnic/racial/religious/gender/ body & other discrimination, gambling, illegal gathering & more
Obscenity & Pornography ⦁ Information that depicts or suggests sexual acts.
⦁ Pictures, videos, audio and/or texts with nudity or hinting, promoting, inciting or containing erotism.
⦁ Publish and/or stream vulgar information – naked body and or partial nudity with the intention to expose body.
Harassment and Cyber bullying Course of conduct, which annoys, threatens, intimidates, alarms or puts a person in fear of their safety.
Inappropriate Products Illegal/Prohibited Products Products that do not comply with the laws and regulation of Malaysia.

Moderate Violations Violation Reasons Description
Inappropriate Streaming Content Vulgar Content Use of cursing/swearing words, abusive language or other inappropriate streaming content.
Misleading Information Cover Photo/Title/Product Link Do Not Match Misleading Information used with intent to attract viewers.
Misuse or abuse of JomBazzar’s or it’s related products/Services Logo(s) Use of our logo(s) without obtaining our official consent.
Fabricated/Exaggerated Information Fabricated/Exaggerated Information used with intent to mislead and/or deceive viewers.
Example: False price information, inaccurate promotional content and/or exaggerated product(s) fact(s) and/or feature(s).
Spamming Unsolicited Messages/Repeated Advertisements Typically to a large amount of users through non-human methods.
Example: Machine or software (with the intent of advertising/phishing).
Duplicated Streaming Using multiple accounts simultaneously to increase exposure/traffic.
Static Screen Views Only showing items/room without host/streamer
Directing Traffic Out From JomBazzar/JomLive Site Guiding Offline Transactions Inciting users to conducting offline transactions in any direct/indirect manner.
Example: transfers via third-party platform accounts/banks.
Publish Information/Products of External Websites Publishing Information/Promotion/Content of/from external websites or information that would lead to other websites.
Asking for Buyer’s Contact Information Asking buyers to leave their contact information.
Example: Line Account/Snap Chat details, Whatsapp Number, Email, Phone Number, Facebook ID, Linkedin & others in the comment/chat section.
Inappropriate Products Counterfeit Promoting counterfeit and/or pirated goods.
Example: Goods that are designed with the intention to deceive or replicate an existing product.

13.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the JomBazzar Platform and/or Services is entirely at your own risk and we shall not be liable therefore.