This Agreement is made by and between you and the owner (JOMKOTAK) of JOM KOTAK (M) SDN BHD (“this Website”, WWW.JOMKOTAK.COM) regarding services offered by JOMKOTAK and related matters. Please carefully read this registration agreement. After you click “I agree and continue”, this Agreement shall constitute legal document that is binding upon both parties.
Article 1 (Definitions)
The following nouns in these terms shall have the following definitions.
1. “Member”: A JOMKOTAK member who has agreed with service terms of our Company and registered to become a JOMKOTAK member according to relevant stipulations.
2. “Our Company”: JOMKOTAK, JOM KOTAK (M) SDN BHD (hereinafter referred to as our Company or JOMKOTAK).
3. “Services”: Trading services operated by our Company and purchasing products for members.
4. “Deals”: Purchase behaviors of members through this Website.
5. “Product providers”: Sellers of online stores in Chinese mainland.
6. “These terms and conditions and so on”: Service terms, notices of this Website and so on.
Article 2 (JOMKOTAK Members)
1. Membership, service utilization and other rights obtained from our Company cannot be transferred, leased or shared with others in any form.
2. You will become a member of our Company after accepting and signing our service terms in your own name and completing the registration procedure. The member registration procedure shall be applied by your own. Any member registered by another person shall be disqualified after finding such behavior. Our Company is entitled to reject your application if you were disqualified or your application is judged to be illegal or improper by our Company.
3. Please carefully read the service terms and notices when you fill in personal data, and input correct data in the specified columns.
Article 3 (Confirmation and Acceptance of our Service Terms)
1. The ownership and operation right of services provided by this Website shall belong to JOMKOTAK. The user will not become a formal user of this Website until after accepting all registration terms and fulfilling the registration procedure. The user hereby confirms: these terms, always effective, shall constitute an agreement handling rights and obligations of both parties; if there are mandatory legal provisions or separate stipulations by both parties, such provisions or stipulations shall prevail.
2. By clicking to accept this Agreement, you confirm you have corresponding right capabilities and behavior capabilities to enjoy services provided by this Website and place orders, and can bear legal liabilities independently.
3. If you are under 18 years of age, you cannot use this Website without a parent or legal guardian accompanying you.
Article 4 (Account and Password Management)
To secure your account and password, please update your password from time to time and properly keep it. Our Company does not forbid you to set a password with the same digits or English letters with your account, and login with them will be approved by our Company. However, we will not assume any liability if your account is stolen or illegally used by others and losses are caused thereby.
Article 5 (Change of Registration Data)
If any registration data is changed, please enter “Account Data” to update your personal data. We will not be liable for any economic losses caused by your failure to update your personal data. In addition, deals completed before the updating of your personal data will be handled according to original data, so please pay attention to it.
Article 6 (Deals on this Website)
This Website only provides a “place” of trading for customers. We will not assume any guarantee liability for purchase, service or other trading behaviors between you and product provider, products and services you purchased or other trading problems.
Article 7 (Limit of Liability and No Guarantee)
1. Unless otherwise explicitly stated in writing, all information, content, materials, products (including software) and services provided through this Website to you are provided on an “as of” and “as available” basis.
2. Unless otherwise explicitly stated in writing, JOMKOTAK does not provide any statement or guarantee in any form, impressed or implied, for information, content, materials, products (including software) and services operated by this Website or included on this Website.
3.JOMKOTAK does not guarantee that no virus or any other harmful component is contained all information, content, materials, products (including software) and services included in this Website or provided to you by other means, or emails and messages sent by the server or this Website.
4. Any interruption or failure during the use of this system may cause inconvenience, data loss, error, tampering or economic losses. To avoid these circumstances, please adopt preventive measures when you use the services. Our Company will not be liable for compensating for economic losses and other damages caused by your use (or failure to use) of the services.
5. If the system crash or unavailability of this Website occurs due to force majeure or reasons beyond the control of this Website, resulting in failure to complete online trade or loss of relevant information and records, JOMKOTAK will make reasonable attempt to help handling the issue.
6. The reference materials and suggestions are provided to members for reference only, and our Company shall not assume any other responsibilities thereof.
7. If any economic loss or damage is caused by the member’s failure to abide by service terms of our Company, our Company will not assume any liability thereof.
8. Our charges do not include any tax, so please pay any tax that may be charged when the goods have arrived. For detailed information, please contact the local customs.
9. If the local government demands import notification or permit, please handle relevant matters yourself.
10. Our Company will not assume any liability for fraud of auctioneer or seller of Taobao.com. In case of fraud, we will not collect service charges, but you need to pay the total amount we have paid to the auctioneer or seller and 8% of the total amount (paid to the credit card company).
Article 8 (Forbidden Behaviors)
The following behaviors of members are forbidden during the use of services provided by this system.
1. Violations of laws, these service terms, notices and other terms of this Website;
2. Damage to rights, interests and reputation of our Company, product providers or any other third party;
3. Behaviors that may have negative influence on physical and mental health of children and teenagers and other behaviors against social morality;
4. Behaviors that may bring inconvenience or unpleasantness to other members or third party;
5. Dissemination of false information;
6. Sending or writing virus computer programs or emails to our Company;
7. Illegally intrusion into server or other computer systems of our Company through a computer; or
8. Leasing or transferring member account and password to others or sharing them with a third party.
Article 9 (About Cookie Voucher)
To confirm login of members to this Website, record the use and provide the best services for members, our Company will utilize cookie voucher to record your server address and other information. If you log in with a mobile phone end receiver, we will record the identification number of your end receiver.
Article 10 (Member Data Processing)
1. In principle, our Company will not disclose your personal data to any third party without your approval. Nevertheless, in any of the following circumstances, we can disclose your member data and information for members without your approval.
(1) Such disclosure is required by relevant laws and regulations.
(2) To protect rights, benefits and reputation of members using the system of our Company or product providers. Or
(3) To perform business cooperation with a partner of our Company. In this case, we will require the partner to make appropriate management.
3. We will provide information to members through newsletter and other means (including ads). If you don’t want to receive such information, please inform us to stop providing them. Nevertheless, if our Company is obliged to provide you relevant information, we will provide them according to relevant provisions.
Article 11 (Use of this Service System)
Article 12 (About JOMKOTAK’s Services and Products)
1. Our Company only provides a service system to purchase products from China for members. The product cost, Chinese domestic freight, international freight, service charge and bank transfer cost shall be borne by the members.
2. Any cancellation, return or complaint submitted after we have placed the order and purchased the product for you will not be accepted. So please consider carefully before you place an order (purchase).
3. We do not guarantee availability of the products as the products may be out of stock, brought off the shelf and so on. Even after the purchase order is placed, the product provider has the right to refuse selling the product. So we appreciate your understanding if your order is rejected.
4. Considering the user’s language habits, our Company will provide some translation functions, and we will not assume any liability if there’s translation error.
Article 13 (Interruption and Termination of Services of this System)
To ensure that this system operates in optimal state, we will conduct regular maintenance or emergency repair. If the system is overloaded, the system is determined to have operation problem, or it is necessary to stop this system to protect member privacy or for other reasons, our Company can interrupt or terminate some or all services of this system without prior notice. We will not be liable for economic or other losses of members resulting therefrom.
Article 14 (Forbidden Members, Cancellation of Membership)
1. If you are determined to be special members complying with the following conditions, we can stop your use of our service system, change your member account and password and cancel your membership without notifying you. We will not assume any liability for any economic losses that may arise when your right to use this system and your membership is cancelled.
(1) The member violates laws, regulations or these terms and conditions;
(2) The member has made improper criticism regarding our Company or conducted any illegal behavior;
(3) The member has inputted the wrong password for certain times; in this case we will stop your right to use the system to protect member privacy;
(4) Other circumstances under which we deem proper measures should be taken.
2. In addition to items above, our Company can change your member account and password and cancel your membership without prior notice when the times of logging in the system within specified period is not reached.
Article 15 (Change and Termination of Service Items)
In our sole discretion, we can change or terminate some or all service items.
Article 16 (Amendment and Supplement of these Terms)
Our Company can modify the service terms and supplementary clauses to the service terms
(“supplementary clauses”) at discretion. The modified terms or supplementary clauses will be announced on this Website, and shall become effective upon the announcement. So please abide by the modified terms and supplementary clauses.
Article 17 (Miscellaneous)
1. After the order is placed, you cannot cancel the deal without approval of the product provider.
2. If the products you order are from different providers, the expenses shall be calculated separately.
3. Our Company will not be responsible for delay of deal/shipment.
4. Do not disclose your deposit data to a third party. We will not assume any liability for losses caused by your disclosure of deposit data or other data.
5. If there are any damages that are not included in these terms and conditions, the parties shall negotiate to settle the issue with an honest attitude.