1.1 Hi, welcome to JenamaLokal! Thanks for visiting our website. These terms and conditions (“Terms and Conditions”) apply to the Site, Jenama Lokal Ventures (SA0484614-H). “JenamaLokal” means Jenama Lokal Ventures, a company incorporated in Malaysia under registration number SA0484614-H and having its registered address at N0.28-1B, Jalan Pahat G 15/G, Seksyen 15, 40200 Shah Alam, Selangor. International credit card payments that you make through the site will be processed by ipay88 Sdn. Bhd.
1.2 Please take some time to read these Terms and Conditions before ordering any Products from the Site. By ordering any of our Products or using this Site, you agree to be bound by these Terms and Conditions. If you do not agree to any of the following Terms and Conditions, refrain from continuing your use of this Site. You should visit our page regularly to make note of any changes we have made to our Terms and Conditions. The Site reserves the right, to change, modify, add, or remove any portions of these Terms and Conditions at any time. Changes will be effective upon posting on the Site with no other notice provided. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
1.3 The Services include an online platform service that provides a place and opportunity for the transaction and sale of local Malaysian goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between the Buyer and Seller and JenamaLokal is not a party to that or any other contract between the Buyer and Seller and accepts no obligations in connection with any such existing contract. Parties to such transactions will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. JenamaLokal is not involved in the transaction between Users. JenamaLokal may or may not pre-screen Users or the Content or information provided by Users. JenamaLokal reserves the right to remove any Content or information posted by you on the Site. JenamaLokal cannot ensure that Users will actually complete a transaction.
1.4 JenamaLokal 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. JenamaLokal may release certain Services or their features in a beta version, which may not work correctly or in the same way as the final version may work, and we shall not be held liable in such instances. JenamaLokal 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 JenamaLokal reserves the right to refuse to provide you access to the Site or Services or allow you to open an Account for any given reason.
1.6 By using JenamaLokal 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.
1.7 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.
b) Agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and JenamaLokal; and
c) 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 JenamaLokal’s prior written consent.
3. LIMITED USAGE
3.1 JenamaLokal 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 JenamaLokal 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.
3.2 Sellers may not link their website to the Site, however they are allowed to link their social media pages. You acknowledge that JenamaLokal may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
4.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. JenamaLokal reserves all rights to the software not expressly granted by JenamaLokal 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 JenamaLokal.
5. ACCOUNTS AND SECURITY
5.2 You agree to (a) keep your password confidential and use your User ID and password only when logging in, (b) to ensure that you log out from your account at the end of each session on the Site, (c) to immediately notify JenamaLokal of any unauthorized use of your Account, User ID and/or password, and (d) to 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. JenamaLokal will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
5.3 You agree that JenamaLokal 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 JenamaLokal deems necessary. Grounds for such actions may include, but are not limited to, (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 behavior, (d) having multiple user accounts for illegitimate reasons, or (e) behavior that is harmful to other Users, third parties, or the business interests of JenamaLokal. 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, JenamaLokal may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify JenamaLokal in writing (including via email at [email protected]) of their request. 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 JenamaLokal after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. JenamaLokal 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 JenamaLokal.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries (tentatively Malaysia and Singapore), as updated from time to time.
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, JenamaLokal may effect such termination with or without notice to you.
6.2 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) use the Services to harm minors in any way
c) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
e) remove any proprietary notices from the Site;
f) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of JenamaLokal;
g) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
h) use the Services for fraudulent purposes;
i) manipulate the price of any item or interfere with other User’s listings;
j) take any action that may undermine the feedback or ratings systems;
k) 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 JenamaLokal with respect to the Services and/or data transmitted, processed or stored by JenamaLokal;
l) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
m) 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);
n) 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;
o) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorized form of solicitation;
p) 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;
q) 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;
r) 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;
s) 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;
t) 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;
u) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
v) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
w) infringe the rights of JenamaLokal, including any intellectual property rights and any passing off of the same thereof;
x) 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
y) 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 JenamaLokal, are entirely responsible for all Content that you 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 JenamaLokal 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 JenamaLokal and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, 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, JenamaLokal 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, 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 JenamaLokal or submitted to JenamaLokal, including, without limitation, information in JenamaLokal Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that JenamaLokal 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 JenamaLokal 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 JenamaLokal, its Users and/or the public.
7. VIOLATION OF OUR TERMS OF SERVICE
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
a) Listing deletion
b) Limits placed on Account privileges
c) Account suspension and subsequent termination
d) Criminal charges
e) 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 [email protected].
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 The Users are independent individuals or businesses and they are not associated with JenamaLokal in any way. JenamaLokal 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 [email protected] and provide us the documents requested below to support your claim. Do allow us time to process the information provided. JenamaLokal will respond to your complaint as soon as practicable.
8.3 Complaints under this Section 8 must be provided in the form prescribed by JenamaLokal, 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 JenamaLokal 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.
9. PURCHASE AND PAYMENT
9.1 JenamaLokal supports one or more of the following payment methods in the countries it operates in:
a) Credit Card – Card payments are processed through third-party payment channels (iPay88) and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. Credit Card payment option is available for all Buyers. JenamaLokal accepts all Visa and MasterCards, both Credit.
b) Debit Card – JenamaLokal accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability.
c) Online Banking – By choosing this payment method, the Buyer shall transfer the payment for the Goods to a JenamaLokal’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. JenamaLokal, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time. For the time being, JenamaLokal accepts online bank transfers from Affin Bank, Alliance Bank, AmBank, Bank Islam, Bank Rakyat, BSN, CIMB Bank, Hong Leong Bank, HSBC, KFH, M2U, OCBC, Public Bank, RHB, Standard Chartered Bank, UOB, Bank Muamalat.
d) PayPal –JenamaLokal also accepts payments made through PayPal for international Buyers.
9.2 Buyers may only change their preferred mode of payment for their purchase prior to making payment.
9.3 JenamaLokal takes no responsibility and assumes 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, JenamaLokal is only able to make payment to Users via bank transfer. Hence, Users are required to provide JenamaLokal with his/her banking details in order to receive payments i.e. from the sale of item or refund from JenamaLokal.
9.5 All purchase transaction fees will be subjected to a 12% service and commission charges allocated to JenamaLokal for operational maintenance purposes.
10.1 e-Wallet is a service provided by JenamaLokal to facilitate the storage of money you receive from your sales proceeds and refunds for purchases made via bank transfer, cash payment or your e-Wallet. The sum of this money, minus any withdrawals, will be reflected as your e-Wallet balance.
10.2 JenamaLokal will require all Sellers to agree for JenamaLokal to collect all monies received from Buyers on behalf of them tentatively.
10.3 You may transfer funds from your e-Wallet (up to the amount of your e-Wallet balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. JenamaLokal may also automatically transfer funds from your e-Wallet to your Linked Account on a regular basis, as determined by JenamaLokal. JenamaLokal shall only process such transfers on business days and such transfers may take up to three business days to be credited to your Linked Account.
10.4 There are three types of withdrawal transaction methods that JenamaLokal provides for its Sellers.
a) Daily – RM2 charged for transactions made within 1-6 day(s) from the last withdraw request.
b) Weekly – RM1 charged for Sellers who withdraw once every 7 days.
c) JenamaLokal Pay Day – Sellers who do not withdraw with the other two methods during a given month but only request for a withdraw transaction on the 28th of the month is free.
10.5 Money from your sale of items on JenamaLokal shall be credited to your e-Wallet within one (1) day after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item. Money from refunds of items on JenamaLokal shall be credited to your JenamaLokal Wallet within one (1) day of the return or refund request being approved.
10.6 Once submitted, you may not modify or cancel a Withdrawal Request.
11. JenamaLokal Point Reward System
11.1 Users may earn loyalty points (“JenamaLokal Point”) by buying merchandises on the Site or through participation in other JenamaLokal activities as JenamaLokal may from time to time determines (“Eligible Activities”) based on the conversion rate determined by JenamaLokal in its sole discretion. Generally, JenamaLokal Points will be credited to a User’s Account upon the completion of a successful transaction or activity approved by JenamaLokal. You are eligible to participate in the JenamaLokal Points reward system if you are a User and your Account does not expressly exclude you from participation.
11.2 JenamaLokal Points has no monetary value, does not constitute your property and cannot be purchased, sold, transferred or redeemed for cash.
11.3 Subject to JenamaLokal rules and regulation as determined, varied or modified by JenamaLokal from time to time, subject to any cap imposed by JenamaLokal at its sole discretion, User may redeem JenamaLokal Points by sending a request to JenamaLokal and use JenamaLokal Points to offset the purchase price of selected items when making purchases on the Site as advised by JenamaLokal from time to time. All refunds will be subject to JenamaLokal’s Refunds and Return Policy under Section 14.4.
11.4 The JenamaLokal Points you redeem will be deducted from your JenamaLokal Points balance. Each JenamaLokal Points comes with an expiry date. Do check your account details on the Site for JenamaLokal Points balances and expiry date.
11.5 From time to time, we may tell you that bonus JenamaLokal Points will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make at participating Sellers or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time.
11.6 If you have a dispute in relation to the number of JenamaLokal Points which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one (1) month from the date of the Eligible Activity. We may require you to provide evidence to support your claim.
11.7 JenamaLokal gives no warranty and accepts no responsibility as to the ultimate tax treatment of JenamaLokal Points. You will need to check with your tax advisor whether receiving JenamaLokal Points affects your tax situation.
11.8 JenamaLokal reserves the right to (i) discontinue the JenamaLokal Points Reward System at any time at its sole discretion and (ii) cancel or suspend a User’s right to participate in JenamaLokal Points Reward System, including the ability to earn and redeem JenamaLokal Points at its sole discretion.
12. SHIPPING POLICY
12.1 Our goal is to offer you the best shipping options, no matter where you live. Every day, we deliver to hundreds of customers across the nation, ensuring that we provide the very highest levels of responsiveness to you at all times. JenamaLokal will inform Seller when JenamaLokal receives Buyer’s Purchase Monies. Unless otherwise agreed with JenamaLokal, 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. All deliveries and shipments are handled by Ninja Van.
12.2 The Seller must use his/her best effort to ensure that Buyer receives the purchased items within the time period specified (for offline payment) by the 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 JenamaLokal 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 that all cross-border import and export transaction are subject to local laws and regulations. Seller should familiarise himself/herself with all import and export restrictions that apply to the designating country. Seller acknowledges that JenamaLokal cannot provide any legal advice in this regard and agrees that Seller will bear all risks and liabilities associated with import and export of any Seller’s item to the designating country.
12.5 The time frame for order delivery is divided into two parts:
12.5.1 Processing Time:
Order verification, tailoring, quality check and packaging. All orders are sent to the seller for dispatch within 24 hours after the order is placed.
12.5.2 Shipping Time:
All orders are shipped by Ninjavan Malaysia, which is a Postal Service product. Please allow between 2-7 days for your order to arrive. If more than 14 days have passed please email us at [email protected] to review the status of your order. Refunds will be handled through email if necessary.
12.6 Singapore Shipping Fees:
All Singaporean shipping fees will be subject to the Buyer’s specified shipping location. The amount will be indicated during the purchase process.
Our policy lasts 7 days. If 7 days have gone by since your order was received, unfortunately we can’t offer you a refund or exchange. Please refer Return & Refund Policy.
13. CANCELLATION, RETURN AND REFUND
13.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into JenamaLokal e-Wallet.
13.2 JenamaLokal 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 JenamaLokal e-Wallet.
13.4 If you have redeemed JenamaLokal Points for your transaction and you are successful in obtaining a refund based on JenamaLokal’s Refunds and Return Policy, JenamaLokal shall refund the monies you have actually paid for the item and credit back any redeemed JenamaLokal Points to your Account separately.
13.5 JenamaLokal does not monitor the cancellation, return and refund process for offline payment.
14. SELLER’S RESPONSIBILITIES
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 JenamaLokal 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, JenamaLokal 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 JenamaLokal.
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 JenamaLokal 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 JenamaLokal’s polices will result in a range of actions as stated in Section 7.1.
15. PAID ADVERTISING
15.1 JenamaLokal will be launching keyword advertising and/or other advertising services (hereinafter referred to as “Paid Advertising”) on its Paid Advertising Site on an ongoing basis. Sellers may purchase the Paid Advertising services. JenamaLokal provides the Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this Site, the Paid Advertising Site or otherwise communicated to Sellers in writing (hereinafter referred to as the “Paid Advertising Rules”). Sellers who purchase Paid Advertising services agree to be bound by the Paid Advertising Rules. If you are not agreeable to being bound by the Paid Advertising Rules, do not buy any Paid Advertising Services.
15.2 In order to purchase Paid Advertising services, you must be an eligible Seller under the Paid Advertising Rules. At the time when you purchase and pay for the Paid Advertising Services, your Account must not be suspended.
15.3 You may purchase Paid Advertising services by purchasing advertising credits on the Paid Advertising Site (“Advertising Credits”), and fees payable for the Paid Advertising services will be deducted from the Advertising Credits on a pay-per-click basis, as determined by JenamaLokal. All Advertising Credits will be subject to goods and services tax. Except as otherwise provided in the applicable Paid Advertising Rules, you may not cancel the order and/or request for a refund after you have purchased Advertising Credits and completed the payment process. JenamaLokal will provide an electronic invoice for Paid Advertising services purchased on a monthly basis and Sellers are to ensure that a correct and working e-mail address is provided for receiving such invoices. The invoice will contain the name and address provided by you, the amount of Advertising Credits purchased and the remaining balance of your Advertising Credits as at the date of the invoice.
15.4 You have the option to purchase the keyword advertising service at the time you list an item for sale or subsequently. When you purchase the keyword advertising service, you can set different budgets, keywords, marketing periods, etc. for each item in accordance with the Paid Advertising Rules. The keyword advertising service for each item will be activated and will expire on the respective dates set by you (the “Keyword Advertising Period”). You will not be entitled to transfer the remaining Keyword Advertising Period or Advertising Credits to other items if an item is sold or unlisted during the Keyword Advertising Period you set for that item. The Advertising Credits will also not be refunded.
15.5 The goods you list on the Site must comply with all relevant laws and regulations, the Paid Advertising Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that JenamaLokal has the right to immediately remove any listing which violates any of the foregoing and any Paid Advertising fees that you have paid or Advertising Credits you have used in relation to any listing removed pursuant to this Section 16.5 will not be refunded. JenamaLokal will also not be liable to compensate you for any loss whatsoever in relation to listings removed pursuant to this Section 16.5.
15.6 You understand and agree that JenamaLokal does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services.
15.7 You are advised to only purchase Paid Advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Paid Advertising Rules, JenamaLokal shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of any Paid Advertising service.
15.8 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, JENAMALOKAL IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING SERVICE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PAID ADVERTISING SERVICE IN QUESTION ONLY.
16.1 Unless otherwise stated, JenamaLokal does not charge Users for the use of the Site.
16.2 Where fees are payable, the same will be subject to SST and other applicable taxes. Unless otherwise agreed, Seller is responsible for such taxes. Seller acknowledges and agrees that JenamaLokal may deduct its fees and any applicable taxes from the purchase monies paid by Buyers. JenamaLokal shall issue receipts or tax invoices for fees and tax paid by Seller on request.
17.1 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 JenamaLokal 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.
17.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against JenamaLokal or its Affiliates (except where JenamaLokal 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.
18.1 JenamaLokal welcomes information and feedback from our Users which will enable JenamaLokal 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.
19.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY JENAMALOKAL 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, JENAMALOKAL 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.
19.2 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.
19.3 JENAMALOKAL 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 JENAMALOKAL AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
20. EXCLUSIONS AND LIMITATIONS OF LIABILITY
20.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JENAMALOKAL 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:
(a) (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
(b) 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 JENAMALOKAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.2 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.
20.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, JENAMALOKAL 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 JENAMALOKAL GUARANTEE; AND (B) SG $100 (ONE HUNDRED SINGAPORE DOLLARS).
20.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY JENAMALOKAL’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF JENAMALOKAL THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
21. LINKS TO THIRD PARTY SITES
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 JenamaLokal in any manner whatsoever and you therefore access them at your own risk. JenamaLokal 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. JenamaLokal 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 JenamaLokal of any linked site and/or any of its content therein.
23. YOUR CONTRIBUTIONS TO THE SERVICES
23.1 License – Unless otherwise stated, JenamaLokal and/or it’s licensors own the intellectual property rights for all material on JenamaLokal. All intellectual property rights are reserved. You may view and/or print pages from https://jenamalokal.com for your own personal use subject to restrictions set in these terms and conditions.
23.2 You must not:
1. Republish material from https://jenamalokal.com
2. Sell, rent or sub-license material from https://jenamalokal.com
3. Reproduce, duplicate or copy material from https://jenamalokal.com
Redistribute content from JenamaLokal (unless content is specifically made for redistribution).
24. USER COMMENTS
24.1 This Agreement shall begin on the date hereof.
24.2 Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. JenamaLokal does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of JenamaLokal, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws JenamaLokal shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
24.3 JenamaLokal reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
24.4 You warrant and represent that:
a) You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
b) The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
c) The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
d) The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant to JenamaLokal a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
25. HYPERLINKING TO USER CONTENT
25.1 The following organizations may link to our Web site without prior written approval:
1. Government agencies;
2. Search engines;
3. News organizations;
4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
25.2 These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
25.3 We may consider and approve in our sole discretion other link requests from the following types of organizations:
1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
2. dot.com community sites;
3. associations or other groups representing charities, including charity giving sites,
4. online directory distributors;
5. internet portals;
6. accounting, law and consulting firms whose primary clients are businesses; and
7. educational institutions and trade associations.
25.4 We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
25.5 These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected].
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
1. By use of our corporate name; or
2. By use of the uniform resource locator (Web address) being linked to; or
3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of JenamaLokal’s logo or other artwork will be allowed for linking absent a trademark license
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
27. RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
28. REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
29. CONTENT LIABILITY
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
31. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
31.1 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, JenamaLokal 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 JenamaLokal responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
31.2 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 JenamaLokal. 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. JenamaLokal 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 JenamaLokal 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 JenamaLokal 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.
32. YOUR REPRESENTATIONS AND WARRANTIES
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.
You agree to indemnify, defend and hold harmless JenamaLokal, 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 JenamaLokal or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the hosting, operation, management and/or administration of the Services by or on behalf of JenamaLokal, (c) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (d) your use or misuse of the Services, or (e) your breach of any law or any rights of a third party.
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.
35. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to JenamaLokal or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
36. GENERAL PROVISIONS
36.1 JenamaLokal reserves all rights not expressly granted herein.
36.2 JenamaLokal 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.
36.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
36.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and JenamaLokal, nor does it authorise you to incur any costs or liabilities on JenamaLokal’s behalf.
36.5 The failure of JenamaLokal 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.
36.6 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 JenamaLokal’s affiliates and subsidiaries (and each of JenamaLokal’s and its affiliates’ and subsidiaries’ respective successors and assigns).
36.7 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.
36.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
36.9 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: [email protected].