1.1 Welcome to the Jinercel Solutions SDN BHD platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a Jinercel Solutions SDN BHD account (“Account”) so that you are aware of your legal rights and obligations with respect to Jinercel Solutions SDN BHD Technology Malaysia Sdn. Bhd. (individually and collectively, “Jinercel Solutions SDN BHD”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by Jinercel Solutions SDN BHD client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Jinercel Solutions SDN BHD.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Jinercel Solutions SDN BHD is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Jinercel Solutions SDN BHD is not involved in the transaction between Users. Jinercel Solutions SDN BHD may or may not pre-screen Users or the Content or information provided by Users. Jinercel Solutions SDN BHD reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Jinercel Solutions SDN BHD cannot ensure that Users will actually complete a transaction.
1.4 Jinercel Solutions SDN BHD reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Jinercel Solutions SDN BHD may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Jinercel Solutions SDN BHD may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.5 Jinercel Solutions SDN BHD reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING JINERCEL SOLUTIONS SDN BHD SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. 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 GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
privacy is very important to us at Jinercel Solutions SDN BHD. To
better protect your rights we have provided the Jinercel Solutions
Solutions SDN BHD collects and uses the information associated with
Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Jinercel Solutions SDN BHD; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Jinercel Solutions SDN BHD’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3.1 Jinercel Solutions SDN BHD grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Jinercel Solutions SDN BHD and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Jinercel Solutions SDN BHD. You acknowledge that Jinercel Solutions SDN BHD may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Jinercel Solutions SDN BHD reserves all rights to the software not expressly granted by Jinercel Solutions SDN BHD hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Jinercel Solutions SDN BHD.
ACCOUNTS & SECURITY
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Jinercel Solutions SDN BHD of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Jinercel Solutions SDN BHD will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.3 You agree that Jinercel Solutions SDN BHD may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Jinercel Solutions SDN BHD deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or (g) behaviour that is harmful to other Users, third parties, or the business interests of Jinercel Solutions SDN BHD. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Jinercel Solutions SDN BHD may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify Jinercel Solutions SDN BHD in writing (including via email at support@Jinercel Solutions SDN BHD.com.my) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Jinercel Solutions SDN BHD after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Jinercel Solutions SDN BHD shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Jinercel Solutions SDN BHD.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
TERM OF USE
6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Jinercel Solutions SDN BHD may effect such termination with or without notice to you.
agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Jinercel Solutions SDN BHD;
(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) access the Jinercel Solutions SDN BHD platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User’s listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Jinercel Solutions SDN BHD with respect to the Services and/or data transmitted, processed or stored by Jinercel Solutions SDN BHD;
(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
(y) infringe the rights of Jinercel Solutions SDN BHD, including any intellectual property rights and any passing off of the same thereof;
(z) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
(aa) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.
6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Jinercel Solutions SDN BHD, are entirely responsible for all Content that you stream, upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Jinercel Solutions SDN BHD be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.
6.4 You acknowledge that Jinercel Solutions SDN BHD and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, Jinercel Solutions SDN BHD and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, streaming, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Jinercel Solutions SDN BHD or submitted to Jinercel Solutions SDN BHD, including, without limitation, information in Jinercel Solutions SDN BHD Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that Jinercel Solutions SDN BHD may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Jinercel Solutions SDN BHD or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Jinercel Solutions SDN BHD, its Users and/or the public.
VIOLATION OF OUR TERM OF SERVICE
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
– Listing/Streaming deletion
– Limits placed on Account privileges
– Account suspension and subsequent termination
– Criminal charges
– Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
7.2 If you believe a User on our Site is violating these Terms of Service, please contact support@Jinercel Solutions SDN BHD.com.my.
REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 The Users are independent individuals or businesses and they are not associated with Jinercel Solutions SDN BHD in any way. Jinercel Solutions SDN BHD is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.
8.2 If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to support@Jinercel Solutions SDN BHD.com.my and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Jinercel Solutions SDN BHD will respond to your complaint as soon as practicable.
8.3 Complaints under this Section 8 must be provided in the form prescribed by Jinercel Solutions SDN BHD, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow Jinercel Solutions SDN BHD to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorised to act on IPR Owner’s behalf to the complaint.
PURCHASE & PAYMENT
9.1 Jinercel Solutions SDN BHD supports one or more of the following payment methods in each country it operates in:
Card payments are processed through third-party payment channels and the type of credit/debit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
Buyer may make payments through an internet bank transfer (“Bank Transfer”) to our designated Jinercel Solutions SDN BHD Guarantee Account (as defined in Section 10). Buyer must provide Jinercel Solutions SDN BHD with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in Jinercel Solutions SDN BHD’s app as payment confirmation. If payment confirmation is not received by Jinercel Solutions SDN BHD within three (3) days, Buyer’s order will be cancelled.
9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
9.3 Jinercel Solutions SDN BHD takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
9.4 At the moment, Jinercel Solutions SDN BHD is only able to make payment to Users via bank transfer. Hence, Users are required to provide Jinercel Solutions SDN BHD with his/her banking details in order to receive payments i.e. from the sale of item or refund from Jinercel Solutions SDN BHD.
Jinercel Solutions SDN BHD Guarantee
10.1 Jinercel Solutions SDN BHD Guarantee is a service provided by Jinercel Solutions SDN BHD or its authorised agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by Jinercel Solutions SDN BHD (“Jinercel Solutions SDN BHD Guarantee Account”). Seller will not receive interest or other earnings from the sum you have paid into Jinercel Solutions SDN BHD Guarantee Account.
10.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Jinercel Solutions SDN BHD Guarantee Account until:
(a) Buyer sends confirmation to Jinercel Solutions SDN BHD that Buyer has received his/her goods, in which case, unless 10.2(d) applies, Jinercel Solutions SDN BHD will release Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in Jinercel Solutions SDN BHD Guarantee Account to Seller;
(b) Jinercel Solutions SDN BHD Guarantee Period (or any approved extension under 10.3) expires, in which case, unless 10.2(c) or 10.2(d) applies, Jinercel Solutions SDN BHD will release Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in Jinercel Solutions SDN BHD Guarantee Account to Seller;
(c) Jinercel Solutions SDN BHD determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 10.2(d) applies, Jinercel Solutions SDN BHD will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;
(d) such other time as Jinercel Solutions SDN BHD reasonably determines that a distribution of Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.
Jinercel Solutions SDN BHD Guarantee is only offered to Buyers who have made payment through the channels provided by Jinercel Solutions SDN BHD into Jinercel Solutions SDN BHD Guarantee Account. Offline arrangements between Buyer and Seller will not be covered under Jinercel Solutions SDN BHD Guarantee.
10.3 Payments made through Jinercel Solutions SDN BHD channels will be held in the Jinercel Solutions SDN BHD Guarantee Account for a specified period of time (the “Jinercel Solutions SDN BHD Guarantee Period”). Buyer may apply for a one-time extension of Jinercel Solutions SDN BHD Guarantee Period prior to the expiry of the applicable Jinercel Solutions SDN BHD Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, Jinercel Solutions SDN BHD Guarantee Period may be extended for a maximum period of three (3) days unless Jinercel Solutions SDN BHD in its sole discretion determines that a longer extension is appropriate or required.
10.4 If, for any reason, the Seller’s bank account cannot be credited and/or the Seller cannot be contacted, Jinercel Solutions SDN BHD will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted for more than twelve (12) months after the become due to the Seller and the Buyer’s Purchase Monies remain unclaimed, we reserve our right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.
10.6 The Jinercel Solutions SDN BHD Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the Jinercel Solutions SDN BHD Guarantee. The Jinercel Solutions SDN BHD Guarantee is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and Jinercel Solutions SDN BHD accepts no liability in connection with the same. Without limitation, the Jinercel Solutions SDN BHD Guarantee does not constitute a product warranty.
10.7 Buyer and Seller acknowledge and agree that Jinercel Solutions SDN BHD’s decision (including any appeals) in respect of and relating to any issues concerning the Jinercel Solutions SDN BHD Guarantee is final.
10.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Jinercel Solutions SDN BHD Guarantee.
12.1 Jinercel Solutions SDN BHD will inform Seller when Jinercel Solutions SDN BHD receives Buyer’s Purchase Monies. Unless otherwise agreed with Jinercel Solutions SDN BHD, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.
12.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable, the Jinercel Solutions SDN BHD Guarantee Period or the time period specified (for offline payment) by Seller on Seller’s listing.
12.3 Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that Jinercel Solutions SDN BHD will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
12.4 For Cross-Border Transaction. Users understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Seller based outside of Malaysia, and the importation and exportation of such product is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that Jinercel Solutions SDN BHD cannot provide any legal advice in this regard and agrees that Jinercel Solutions SDN BHD shall not bear any risks or liabilities associated with the import and export of such products to Malaysia.
CANCELLATION, RETURN & REFUND
13.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Jinercel Solutions SDN BHD Guarantee Account.
13.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of Jinercel Solutions SDN BHD Guarantee Period, if applicable, subject to and in accordance with Jinercel Solutions SDN BHD’s Refunds and Return Policy. Please refer to Jinercel Solutions SDN BHD’s Refunds and Return Policy for further information.
13.3 Jinercel Solutions SDN BHD reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Jinercel Solutions SDN BHD Guarantee Account.
13.4 Jinercel Solutions SDN BHD does not monitor the cancellation, return and refund process for offline payment.
14.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.
14.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.
14.3 Seller agrees that Jinercel Solutions SDN BHD may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.
14.4 For the purpose of promoting the sales of the items listed by Seller, Jinercel Solutions SDN BHD may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Jinercel Solutions SDN BHD.
14.5 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.
14.6 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Jinercel Solutions SDN BHD cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
14.7 Seller acknowledge and agrees that Seller’s violation of any of Jinercel Solutions SDN BHD’s polices will result in a range of actions as stated in Section 7.1.
LIVE STREAM CONTENT
(A) Using the Jinercel Solutions SDN BHD Platform
16.1 The Jinercel Solutions SDN BHD Platform allows Users to upload User-Generated Content (UGC) in the form of: (a) general comments on the Jinercel Solutions SDN BHD Platform; (b) product reviews; (c) product recommendations and demonstration; (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 Jinercel Solutions SDN BHD Platform and will be available to any Users and/or anyone who accesses the Jinercel Solutions SDN BHD Platform.16.2 Users may upload UGC by using any of the provided upload functions on the Jinercel Solutions SDN BHD Platform. User UGC will appear in selected areas of the Jinercel Solutions SDN BHD Platform.16.3 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 Jinercel Solutions SDN BHD 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 Jinercel Solutions SDN BHD Platform.
16.4 The Jinercel Solutions SDN BHD 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 Jinercel Solutions SDN BHD Platform, you expressly relieve us from any and all liability arising from your use of any third-party website.
16.5 We reserve the right to decide which Users will be permitted to access any of the features offered by the Jinercel Solutions SDN BHD Platform (including viewing the Content contained in the Jinercel Solutions SDN BHD Platform or uploading the Content into the Jinercel Solutions SDN BHD 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.
16.6 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 Jinercel Solutions SDN BHD Platform.
(B) Your Content
16.1 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 Jinercel Solutions SDN BHD Platform pursuant to these Terms.
16.2 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 Jinercel Solutions SDN BHD Platform.
16.3 Except for the Livestream Content, you retain all of your ownership rights in your Content. However, by using the Jinercel Solutions SDN BHD Platform, you grant to us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and/or perform the Content in connection with the Service and our 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.
16.4 Jinercel Solutions SDN BHD will retain all ownership rights to all Livestream Content uploaded to the Jinercel Solutions SDN BHD 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.
16.5 You hereby assign, grant and deliver exclusively to Jinercel Solutions SDN BHD 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 Jinercel Solutions SDN BHD, if necessary, all relevant instruments and documents as Jinercel Solutions SDN BHD 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.
16.6 You also grant each User of the Jinercel Solutions SDN BHD Platform a non-exclusive licence to access your Content through the Jinercel Solutions SDN BHD Platform, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Jinercel Solutions SDN BHD Platform and under these Terms.
16.7 You further agree that the Content you upload on the Jinercel Solutions SDN BHD 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.
16.8 Jinercel Solutions SDN BHD 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.
(C) Prohibited Content
16.1 You agree not to upload or otherwise make available any Prohibited Content and without prejudice to the generality of the foregoing, you are to comply with the following restrictions, and classifications listed under Annex 1 to these Terms:
(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).
16.2 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.
16.3 We do not permit copyright infringing activities and infringement of intellectual property rights on the Jinercel Solutions SDN BHD 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.
16.4 We reserve the right to remove any Content without prior notice to you or without providing any reason for such removal.
16.5 You agree that Jinercel Solutions SDN BHD shall not be liable in any manner whatsoever for any losses or damage suffered in any way as result of Jinercel Solutions SDN BHD’s exercise of its discretion to remove Content.
(D) Specific User Conditions for Live Streamed Content
16.1 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.
16.3 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 Jinercel Solutions SDN BHD, 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 Jinercel Solutions SDN BHD Platform of the Presenter’s failure to comply. Jinercel Solutions SDN BHD also reserves the right to immediately terminate any Live Streamed Content at any time in its ultimate discretion, without giving any reasons.
16.4 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.
16.5 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.
16.6 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 refer to disabilities or which degrade national themes.
16.7 Do not promote or endorse unlawful acts such as drugs, gambling or gun possession.
16.8 Do not perform high-risk stunts or activities.
16.9 Do not display or focus on nudity or sensitive parts of the body such as the chest, buttocks and groin.
16.10 Do not promote or endorse organisations promoting unlawful pyramid schemes.
16.11 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).
16.12 Do not live stream in sensitive locations like hospitals, cemeteries, childcare centres, schools or government buildings.
16.13 Jinercel Solutions SDN BHD reserves the right to terminate any Livestream at any time without giving any reasons.
(E) Software License and Proprietary Rights of Jinercel Solutions SDN BHD
16.1 All intellectual property rights, whether registered or unregistered, in the Jinercel Solutions SDN BHD Platform, which includes any Professional Generated Content (PGC) or information content on the Jinercel Solutions SDN BHD 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 Jinercel Solutions SDN BHD Platform are protected under applicable intellectual property laws.
16.2 The Jinercel Solutions SDN BHD 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 Jinercel Solutions SDN BHD Platform.
18.1 In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Jinercel Solutions SDN BHD shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
18.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Jinercel Solutions SDN BHD or its Affiliates (except where Jinercel Solutions SDN BHD or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.
18.3 Users covered under Jinercel Solutions SDN BHD Guarantee may send written request to Jinercel Solutions SDN BHD to assist them in resolving issues which may arise from a transaction upon request. Jinercel Solutions SDN BHD may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to Jinercel Solutions SDN BHD’s Refunds and Return Policy.
18.4 To be clear, the services provided under this Section 15 are only available to Buyers covered under Jinercel Solutions SDN BHD Guarantee. Buyer using other payment means for his/her purchase should contact Seller directly.
19.1 Jinercel Solutions SDN BHD welcomes information and feedback from our Users which will enable Jinercel Solutions SDN BHD to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(i) Feedback may be made in writing through email to or using the feedback form found on the App.
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained.
20.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY JINERCEL SOLUTIONS SDN BHD OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JINERCEL SOLUTIONS SDN BHD DOES NOT WARRANT THAT THE SERVICES, THIS SITE 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 SITE 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.
20.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
20.3 JINERCEL SOLUTIONS SDN BHD HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE JINERCEL SOLUTIONS SDN BHD AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
EXCLUSIONS & LIMITATIONS OF LIABILITY
21.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JINERCEL SOLUTIONS SDN BHD BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF JINERCEL SOLUTIONS SDN BHD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
21.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, JINERCEL SOLUTIONS SDN BHD IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE JINERCEL SOLUTIONS SDN BHD GUARANTEE; AND (B) MYR 100 (ONE HUNDRED MALAYSIA DOLLARS).
21.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY JINERCEL SOLUTIONS SDN BHD’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF JINERCEL SOLUTIONS SDN BHD THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
LINKS TO 3RD PARTY SITE
Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Jinercel Solutions SDN BHD in any manner whatsoever and you therefore access them at your own risk. Jinercel Solutions SDN BHD is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Jinercel Solutions SDN BHD is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Jinercel Solutions SDN BHD of any linked site and/or any of its content therein.
YOUR CONTIBUTIONS TO THE SERVICE
23.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Jinercel Solutions SDN BHD. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Jinercel Solutions SDN BHD and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
3RD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
24.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Jinercel Solutions SDN BHD is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Jinercel Solutions SDN BHD responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
24.2 In addition, the Services may contain links to third party products, websites, services and offers. These third-party links, products, websites and services are not owned or controlled by Jinercel Solutions SDN BHD. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Jinercel Solutions SDN BHD has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Jinercel Solutions SDN BHD shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Jinercel Solutions SDN BHD may disable your use of, or remove, any third-party links, or applications on the Services to the extent they violate these Terms of Service.
YOUR REPRESENTATIONS & WARRANTY
You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
FRAUDURANT & SUSPICIUOS ACTIVITIES
If Jinercel Solutions SDN BHD, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Jinercel Solutions SDN BHD, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) We may suspend your eligibility for Jinercel Solutions SDN BHD Guarantee;
(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to Jinercel Solutions SDN BHD;
(d) We may refuse to provide the Services to you now and in the future;
(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Jinercel Solutions SDN BHD or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
the purposes of this Section:
“Chargeback” means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
“Claim” means a challenge to a payment that a Buyer or Seller files directly with Jinercel Solutions SDN BHD.
“Reversal” means the reversal of a payment by Jinercel Solutions SDN BHD because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by Jinercel Solutions SDN BHD, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other Jinercel Solutions SDN BHD policy, or (e) Jinercel Solutions SDN BHD decided a Claim against you.
You agree to indemnify, defend and hold harmless Jinercel Solutions SDN BHD, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where Jinercel Solutions SDN BHD or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the Jinercel Solutions SDN BHD Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Jinercel Solutions SDN BHD, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
These Terms of Service and the use of and access to the Services shall be governed by and interpreted in accordance with the laws of Malaysia without regard to its conflict of law rules. All controversies, disputes or claims arising out of or relating to these Terms of Service, and/or the use of access to the Services will be exclusively and finally settled by the courts in Malaysia.
30.1 Jinercel Solutions SDN BHD reserves all rights not expressly granted herein.
30.2 Jinercel Solutions SDN BHD may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
30.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
30.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Jinercel Solutions SDN BHD, nor does it authorise you to incur any costs or liabilities on Jinercel Solutions SDN BHD’s behalf.
30.5 The failure of Jinercel Solutions SDN BHD at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
30.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Jinercel Solutions SDN BHD’s affiliates and subsidiaries (and each of Jinercel Solutions SDN BHD’s and its affiliates’ and subsidiaries’ respective successors and assigns).
30.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
30.8 You agree to comply with all applicable laws, rules and regulations in connection with the use of the Services and any content you submit, including without limitation, compliance with data privacy laws, applicable export control laws and other regulations of Malaysia. You will be responsible for all activities conducted under your username and account.
30.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: support@Jinercel Solutions SDN BHD.com.my.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.