1. IMPORTANT NOTICE

1.1. Please read these terms and conditions of use and services subscribing (“Terms”) including the Privacy Policy carefully before accessing https://www.jomgroxer.com/ (“Site”) as visitor (“Visitor”) for any service available on and through the Site (“Services”).

1.2. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE AGREEING TO BE BOUND BY OUR TERMS, all applicable laws and regulations, and agree that you are responsible to comply with the same.

1.3. We are Future Produxe Sdn. Bhd. of Company No: 202101000890 (1401188-X) of 20, Jalan Intan 1/4, Taman Puchong Intan, 47100 Puchong, Selangor.

1.4. Throughout the Site, we refer to ourselves and/or our partners, associates, affiliates, subsidiaries as "we" or "us" or "our" and we refer to you as “you”, “your”, “Visitor”.

1.5. We reserve the right, at our sole discretion, to update, remove, suspend, add on, modify, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your sole responsibility to check these Terms regularly for changes.

1.6. If you DO NOT AGREE TO THE TERMS/amended Terms, PLEASE DO NOT ACCESS OR USE OUR SITE AND SERVICES. Your continued use of or access to our Site and Services Terms constitutes acceptance of those Terms/amended Terms.

1.7. We hereby grant you limited, non-transferrable and revocable license to access the Site and use the Services for the purpose of conducting purchase transactions through the Services. You may access the Site only through our applications, standard web and mobile applications and similar consumer applications, but not with any scraping, data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) any part of the Site.

1.8. The Site and the Services are directed solely at those who access the Site or Services from Malaysia. We make no warranty or representation that the Site or Services are available or otherwise suitable for use outside of the Malaysia. If you choose to access the Site or Services from locations out of Malaysia, you are acted on your own initiative and are responsible for the consequences and for compliance with all applicable laws.


2. INTELLECTUAL PROPERTY


2.1 Save and except of those 3rd Party Property stipulated in clause below, the proprietary rights of the Site and domain name, contents and design of the Services, marks, trade name, logos, signs, symbols, emblems, insignia, fascia, slogan of Future Produxe Sdn. Bhd. or variation of it, all data or database of the Site operated and managed by us, any design, text, graphics, software, photos, video, music, sound of the Site whether compiled and/or created by us, any underlying source code and software (including applets and scripts) of the Site, whether registered or capable to be registered, are owned by us (collectively referred to as the “Intellectual Property”) and all use of our Intellectual Property inures to our benefit.

2.2 The Site may also contain other 3rd Party’s product names, logos, brands and other trademarks, trade names. These are the property of the respective 3rd Party’s trademark proprietor including but not limited to such other material identifiable and related to the said trademark proprietors (collectively referred to as the “3rd Party Property”). These 3rd Party Property proprietors are not affiliated nor associated with us or the Site.


3. GENERAL CONDITIONS FOR THE USE OF THE SITE AND/OR SERVICES


3.1 You are 18 years old and above, to access into the Sites and Services, and you are fully capable and competent to enter into and to comply with the Terms. Any visits of the Site by Visitor age below 18 years old shall be accompany by your parent or legal guardian.


3.2 You may be required to register with us by creating an account through the Site or via your Google account for certain or prescribed Services of which submission of your Personal Data (as defined the Privacy Policy) or other data to us is required, you represent that the data provided are true, accurate and complete. Please read our Privacy Policy on how we governed Personal Data.


3.3 You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity.


3.4 You are responsible for safeguarding your account details, username and password and not to share your account details with others failure which we are not responsible and liable for any losses and damages incurred or suffered by you in connection with your failure or negligence hereof.


3.5 If we reasonably believe or suspect of any:


(a) unauthorized access into an account;

(b) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

(c) use the Services in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(d) access into the Site by any unqualified party;

(e) access for the purpose of harvesting and collect information of other User;

(f) any part of the Site being cached in proxy servers and accessed by a third party who have not registered as User;

(g) access through a single account and password being made available to multiple users on a network;

(h) 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 us with respect to the Services and/or data transmitted, processed or stored through the Site;

(i) 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; or

(j) misused of an account in whatsoever manner which we have reasonable grounds that such misuse could directly or indirectly involve in any actions that would against any laws;


We reserve the right, at our sole discretion, to immediately refuse to offer the Services or deny your access to the Site.


3.6 You shall not use the Site and/or Services for any illegal or unlawful purpose. You shall not attempt to violate any security measures or the Site or bypass, circumvent, avoid, remove, deactivate, descramble, decrypt or otherwise impair any measures installed or used by us.


3.7 You shall not use any software, program, instruments or devices to or attempt to interfere with the operation of the Site.


3.8 You shall not transmit including but not limited to, any worms, viruses and/or any code of a destructive nature through the Site or an account.


3.9 If you are aware of any actual or suspected unauthorized use(s) of your account, loss, theft, or unauthorized disclosure of your account details or the Site, please notify us immediately at: enquiry@jomgroxer.com. 


4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


4.1 We endeavor to ensure that the pricing, promotion, products details and information of the respective retailer display at the Site (collectively referred to as the “Display Info”) are accurate and up-to-date. However, we do not guarantee  or warrant that Display Info will be 100% error-free, updated, complete or  relevant to the survey or search by the Visitor or User or that the colors and images of the Display Info that appear at your electronic devices will be the same.


4.2 The Site may contain historical information. Historical information may not be current and is provided for your reference only.


4.3 Occasionally, the Displayed Info or the information of the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We are not responsible for the updates, accuracy or completeness of information of the Site.

4.4 We reserve the right to remove, modify, update or change any contents of the Services and Site and/or the Displayed Info, or to correct any errors, inaccuracies or omissions (“Modification”) at any time without prior notice to you, but we have no obligation to update, amend or clarify information of the Site or Services, except as required by law. You understand that we shall not be held liable or responsible for any consequences of the aforesaid Modification and it is your responsibility to monitor any changes to our Site. No specified update or refresh date applied in the Site, Services or on any related website should be taken to indicate that all information in the Site or Services has been modified or updated.

 

5. INTELLECTUAL PROPERTY AND LIMITATIONS ON USE


5.1 You shall not use our Intellectual Property or the 3rd Party Property without our express written permission. Registration as User will not in any event grants you any right to use our Intellectual Property or the 3rd Party Property. Any unauthorized use or infringement of our Intellectual Property or the 3rd Party Property rights may subject you to civil and/or criminal liabilities.


5.2 For the avoidance of doubt, the term “use of our Intellectual Property or the 3rd Party Property” in the Terms shall means reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub- licensed, used to create derivative works, use for commercial purposes any of the materials, information or content on the Site, decompile, reverse engineer, disassemble or otherwise reduce any part of any of our software (including the Site) to human-readable form or in any way exploited or caused the occurrence of the above without the prior express written permission of our or 3rd Party Property proprietor


6. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


6.1 We may allow User to share and post their comments, feedbacks and/or review (collectively referred to as “Comments”) however we prohibits Comments with illegal contents or containing elements of explicit, violence, immoral, racist, defame or negatively impairing any third parties’ image/reputation, or contain any computer virus or other malware that could in any way affect the operation of the Services/Site or any other parties.


6.2 Comments and any of the Personal Data posted on the Site, or any part of the site will be deemed voluntarily provided to us on a non-confidential and non- proprietary basis. We reserve the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely in connection with the development, manufacture and marketing of any of our services and to improve quality of our customer service.


6.3 You are solely responsible and liable for your Comments and we reserve the right to limits, remove and/or refer your Comments to any appropriate authority for the purpose of compliance any applicable laws.


7. LINKS WITH OTHER SITES


7.1 The Site or the Services may contain any links or pointers to other websites but you should not infer or assume that we operate, controls, or is otherwise connected with these other websites. We are not responsible for the content or practices of any other website that links to the Site and you are solely subject to the terms and conditions (including privacy policies) of these websites.


8. ADVERTISEMENT


8.1 The Site or the Services may also contain advertising information or promotion material or other material submitted by third parties. You are solely responsible for any correspondence or transactions with such third parties without limitation to payments and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with the abovementioned transactions. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate advice. We shall not be responsible or liable for any loss or claim that you may have against such third parties or any consequential damages arising on account of your reliance on the contents of the advertisement.


9. REWARDS AND PROMOTIONS


9.1     All Rewards and Promotions are subject to in-store availability, on a “while stocks last” basis and may be applicable to limited (and not all) jomgroxer.com e-commerce store or particular products only.


9.2  Future Produxe Sdn. Bhd. may, at its discretion, replace or substitute any Rewards and Promotions with any other rewards of similar or equivalent value without prior notice.


9.3    Any Rewards earned are non-transferable, non-assignable, not for sale to any third parties and not exchangeable for cash.


9.4    Any Rewards earned shall only be redeemed once and at jomgroxer.com e-commerce store in Malaysia only. Any unutilized Rewards after the applicable expiration date shall be forfeited, not reinstated and not refundable.


9.5    Members shall pay the price difference if the Transaction value is higher than the amount of Rewards used for redemption. However, in the event where the Transaction value is lower than that of the Rewards, the price difference will not be refunded.


10. DISCLAIMER & RESERVATION


10.1 We shall not be held liable or responsible, howsoever and whatsoever, for any interruption or delay, to access the Site or Services) due to any cause beyond our reasonable control, wherever arising and not due to our negligence and which cannot be overcome by the exercise of due diligence, including, but not limited to, labor disturbances, lockouts or lockdown and other industrial disputes, riots, fires, earthquakes, floods, storms, lightning, epidemics, war, disorders, hostilities, expropriation or confiscation of properties, interference by civil, enforcement of any administration orders or laws of the authority or military authorities or acts of God.


10.2 We make no representation or warranty with respect to any results obtainable through our Services and/or Sites or any implied/express warranties that our Services and/or Sites are fit for merchantable quality or a particular purpose, including those of or fitness for a particular purpose.


10.3 We do not guarantee, represent or warrant that your use of our Site and Services will be uninterrupted, timely, secure or error-free. You agree that your use of, or inability to use, our Site and/or Services is at your own risk and we may from time to time remove, suspend or cease to operate the Site and Services or any part of it for indefinite periods of time without notice to you.


10.4 The Displayed Info is provided is provided on “as is” and 'as available' basis for general information only and should not constitute as an advice or constitute as an open offer capable of forming the basis of a contract or be relied upon or used as the sole basis for making decisions without seeking proper advice. Any reliance on the material on this Site is at your own risk.


10.5 We may at times include statements, opinions or views of third parties or make reference to certain provider, product or service by its name, such inclusion or references shall not constitute as an endorsement by us.


10.6 To the extent permitted by law, we shall not be responsible or liable, whatsoever and howsoever, for any injury, losses, loss of income, loss of profit, loss of goodwill, damages, costs and expenses or otherwise, arising from your use of the Services and/or Site or any other claim related in any way to your use of the Services.


11. INDEMNIFICATION


11.1 You agree to indemnify, defend and hold us harmless from any claim or demand, loss, damages, costs and expenses suffered and/or incurred by any third party due to or arising out of your breach of the Terms, our Privacy Policy or your activities through or associate with our Services or Site.


12. SEVERABILITY


12.1 If it shall be determined or declared that any provision of the Terms is invalid or unenforceable, the remaining provisions of the Terms shall not be affected.


13. WAIVER


13.1 The forbearance, indulgence, delay or failure by us in enforcing any of the terms and condition of the Terms or any of the extension of time granted by us to you in complying any of the terms hereof shall not prejudice or restrict the exercise of any part of our rights and remedies available by law.


14. TERMINATION OR SUSPENSION OF PROVISION OF SERVICES


14.1 Any breach or attempt to breach of any of the Terms by you will result in an immediate termination or suspension of the Services without further reference to you. We reserve the right to prevent you from using the Site and the Services (or any part of them) at any time and for any reason. We shall not be liable to you or any third-party related to you for the aforesaid suspension or termination of the Service and/or the denial of your access to the Site.


15. ENTIRE AGREEMENT


15.1 The Terms and any policies or operating rules posted by us on this site or in respect to the Service from time to time constitutes the entire agreement and understanding between you and us and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).


16. GOVERNING LAW


16.1 The Terms shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively by the Courts of Malaysia.


16.2 In event of any disputes arises, we encourage parties to communicate with each other to first attempt to resolve the matter amicable through mutual discussion and consensus of which we shall use reasonable commercial efforts to achieve the same. Until and unless such dispute is unable to be reasonable resolve, parties shall refer the matter exclusively to the relevant authority tribunals or courts of competent jurisdiction in Malaysia.



CONTACT INFORMATION

Questions or Inquiry about the Terms should be sent to us at enquiry@jomgroxer.com.