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TERMS & CONDITIONS

These Terms and Conditions of Service (“Terms of Service”) govern your use and membership on JEOEL.com and its associated mobile sites (collectively, the “JEOEL Sites” or the “Sites”), including any purchases and use of products and services available through the JEOEL Sites. The JEOEL Sites are operated by Depaddle Sdn. Bhd. (1067884-P) and/or its subsidiaries and affiliates (collectively, “JEOEL”) under Malaysian law. Your use of the JEOEL Sites and these terms are also governed by the Website Terms of Use (“Terms of Use”), which are incorporated herein by reference: www.JEOEL.com/ pages/Terms-of-use

By using or accessing the JEOEL Sites, or purchasing and using products or services through the JEOEL Sites, you unconditionally agree to be bound by all the  terms and conditions in the JEOEL Sites.

 

  1. GENERAL

The Terms of Service constitute a valid and binding agreement between you and JEOEL when you use or access the JEOEL Sites (operated by Depaddle Sdn Bhd). You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the Malaysia or other applicable jurisdiction.

You shall establish and use your membership on the JEOEL Sites, purchase and use the products and services available through the JEOEL Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). Please be informed that all calls, emails and other communications between you and JEOEL may be recorded.

By using the JEOEL sites, or any sites acquired by JEOEL, you agree to accept each of those terms and conditions of service.

Management reserves the right to change these terms and conditions without prior notice. 

  1. PRIVACY POLICY

A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information by JEOEL is located at www.JEOEL.com/ pages/privacy-policy. You agree to permit any personal data we may obtain about you (either via the JEOEL Sites, by email, telephone or any other means) to be collected, used, stored and otherwise processed in accordance with the terms of the Privacy Policy. JEOEL may update its Privacy Policy from time to time, for any reason, and post an updated version of the notice at the website address provided above.

  1. JEOEL MEMBERSHIP

Membership Creation

You may create a member account on the JEOEL Sites.  To be registered as a member you will be required to (i) explicitly agree to these Terms of Service, (ii) provide contact information and personal identification details, and (iii) submit any other form of validation required as part of the membership process, at JEOEL’s sole discretion. You agree to be accountable for all activities that occur under your account or password. You are fully responsible for upholding the privacy or confidentiality of your account,  password and for controlling access to your account. To the extent permitted by applicable law, you agree to bear and accept all responsibility for all activities that occur under your account or password.

Use of Membership

You will not use your JEOEL membership for any reasons that are in competition with JEOEL. You must not use any of JEOEL’s Sites or services in any way that causes or is likely to cause any of JEOEL’s services or access to JEOEL’s Sites to be interrupted, damaged or impaired in any way or for any fraudulent purposes or cause annoyance or any inconvenience. You will inform JEOEL immediately  by emailing support@JEOEL.com of any illegal use of your JEOEL membership or the JEOEL Sites known to you, whether by you or a third party.

Membership Cancellation and Termination

You may cancel or terminate your JEOEL membership at any time by contacting JEOEL customer support as specified in the “Contact Us” page on the JEOEL Sites. JEOEL may terminate your membership,  suspend or terminate any or all current or future use of and access to  the JEOEL Sites or other services, or any portions thereof (including disabling your username and password), with or without notice for any reason whatsoever, including but not limited to:(i) compliance with applicable Law, (ii) in the event we believe you have provided a information that JEOEL determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), iii) if JEOEL determines, in its sole discretion, that you are using your JEOEL membership in a manner not permitted by these Terms of Service, or (4) in due to any other circumstances, as JEOEL considers appropriate in its sole discretion. Please note that termination by you or JEOEL of your JEOEL membership may result in the termination of your memberships in JEOEL’s affiliated websites.

  1. PURCHASES

Processing Your Order

JEOEL may, at its sole discretion, decide to cancel your order in certain situations. This may take place, for example, when the product or service you wish to purchase is mispriced or no longer in stock, we suspect the order is fraudulent, or in other circumstances JEOEL considers appropriate in its sole discretion. JEOEL also retains the right, in its sole discretion, to take steps to validate your identity to process your order. JEOEL will either reimburse or not charge you for orders that we cancel or do not process.

Exchange Policy

You acknowledge that: 

  • Goods sold are not refundable.
  • Exchange is only allowed for same item of different size within 7 days from date of purchase, subject to size availability.
  • We do not accept exchanges or returns at our physical retail stores if you do not have a Return Order number provided by us. Only once your return is processed with a Return Order number, the physical store of your choice will be authorised to collect your items.
  • Item to be exchanged must be returned in unworn and original good condition, together with original sales receipt and original JEOEL packaging.
  • Any returned item must be checked and verified by JEOEL staff and repair centre for its condition. Any item which is deemed damaged by wear and tear will not be accepted for exchange. 
  • Items can only be exchanged once for every purchase.
  • Promotional and discounted items are strictly not allowed for exchange.
  • Management reserves the right to change these terms and conditions without prior notice.
  • You are welcome to bring purchased JEOEL items back to JEOEL outlets for free cleaning service.

For the Return Policy, which may be updated periodically, please refer to  www.JEOEL.com/pages/shipping-returns.

Product and Service Descriptions

Whilst JEOEL endeavours to provide  relevant or correct descriptions of products and services on the JEOEL Sites, JEOEL does not warrant nor guarantee, that the descriptions are precise, complete, reliable, current or error-free. If a product or service offered on JEOEL Sites is not as described, your solution is to return the item, as stated in these Terms & Conditions.

Extra Fees Incurred

Please be informed that the price of a product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for delivery of your order.

All shipping prices indicated exclude custom duties and fees which may be incurred for international shipments outside of Malaysia. Additional custom duties and fees will be borne by the customer.

Pricing Information

JEOEL takes all reasonable care to provide accurate prices regarding the products and services available on the JEOEL Sites but errors may sometimes occur. We cannot, however, reimburse or indemnify against pricing errors. JEOEL retains the right, at its sole discretion, to cancel any purchases or not to process any orders placed for a product or service whose price was erroneously posted on the site as a result of an error . If this occurs, JEOEL will inform you by email. In addition, JEOEL reserves the right, at its sole discretion, to rectify any error in the stated full retail price.

For the total amount of an order, Rounding Mechanism to the nearest multiple of 5 sen by Bank Negara Malaysia is implemented on JEOEL Sites.

In the Rounding Mechanism exercise, the total amount of a bill which ends in 1, 2, 6 and 7 sen will be rounded down while the total bill which ends in 3, 4, 8 and 9 sen will be rounded up to the nearest multiple of 5 sen. This applied to COD (Cash on Delivery) payment method.

Product and Service Availability

The JEOEL Sites may contain information regarding the stock availability of products. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, JEOEL cannot assure that an item listed as “in stock” will actually ship straightaway, as stock can change significantly from day-to-day. In unusual cases, a product or service offering may be available when a customer places the order, and sold out by the time JEOEL attempts to process the order. Should this happen, JEOEL will notify you by email. If JEOEL determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. JEOEL will notify you by email and delete the item from the JEOEL Sites.

Product Care Responsibility

You acknowledge that you have read the Product Care Advice listed in the Care section, on the product page of interest. Upon receiving your ordered product, you acknowledge that you are fully responsible for its wear and tear. You acknowledge that once you have removed the product label tag, JEOEL is not liable to any damage caused by wear and tear of the JEOEL product.

Shipping and Taxes

Visit www.JEOEL.com/pages/shipping-returns for our policy regarding shipping and tax, which may be updated overtime.

Warranty Policy

You acknowledge that:

  • JEOEL has a 30 days limited warranty [from date of purchase] – for cases determined by the repair centre to be manufacture defect – in such cases, purchased item will be repaired or replaced for free, subject to availability of stock and raw material.
  • Such items must be reported immediately to service@jeoel.com with evidence in the form of photos to kickstart the return and replacement process, within 24 hours of receiving your order.
  • The return of items must follow procedures highlighted in www,jeoel.com/pages/shipping-returns to be valid. We do not accept exchanges or returns at our physical retail stores, as all online stock is dispatched from and inventoried at HQ itself.
  • If item has run out of stock, JEOEL reserves the right to offer replacement with another item of similar value.
  • JEOEL’s warranty against defects does not cover loss, damage, breakage, changes in appearance, dropping of stones, or gradual degradation of purchased items due to: normal wear, tarnishing, careless handling, improper use, or use outside JEOEL’s care instructions.
  • Items that are determined by JEOEL's repair centre to be damaged in the course of wear and tear, can be repaired depending on material availability, and will incur labour fees at cost price.
  • Any issues with items purchased online at jeoel.com need to be reported strictly to service@jeoel.com and advised from there, as all online stock is dispatched from and inventoried at Headquarters itself.
  • Tarnishing occurs naturally and therefore, replating of jewellery is not covered by warranty against defects, and will incur additional charges.
  • Enamel items might change colour over time due to the course of wear and tear, and is not covered by warranty against defects.

Repairs

  • Should your item need repairing, you may report to service@jeoel.com, where we will advise you on how to transfer item back to our repair centre for diagnostic and subsequently repair or replating. This process typically takes 15 business days once we receive the item.
  • Return courier charges will be borne by customer.
  • The repair will incur a small fee (we only charge labour cost to repair the item,) depending on evaluation/diagnostic results of JEOEL's repair centre.
  • Management reserves the right to not repair discontinued items.
  • JEOEL strictly does not accept jewellery from other brands for repairs or replating.
  • JEOEL reserves the right to not service JEOEL jewellery purchased from unauthorised locations. 

  1. ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between you and JEOEL regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will control the case.

 

  1. SEVERABILITY

If any provision or provisions of this Terms of Service shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

  1. MODIFICATION OF TERMS OF SERVICE

You acknowledge and agree that JEOEL may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of JEOEL membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at www.JEOEL.com/pages/terms-of-use. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.

 

  1. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your JEOEL membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.

 

  1. EFFECTIVE DATE

November 1, 2017

 

Website Terms of Use

This website and its mobile applications (the “Site”) is owned and operated by Depaddle Sdn. Bhd. and/or its subsidiaries or affiliates (“JEOEL”). These Website Terms of Use (“Terms of Use”) apply to your use of this Site. Any membership you may establish on the Site and/or the purchase or use of any products or services available through this Site are governed by the Terms & Conditions of Service posted (“Terms of Service”) on the relevant JEOEL website.

Throughout the Site, the terms “we,” “us” and “our” refer to JEOEL. JEOEL offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

 

  1. Data integrity

You represent that all of the information, data and other materials you provide on this Site or to JEOEL through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

  1. Privacy Policy

A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this Site is located at http://www.JEOEL.com/privacy. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion, and post an updated version of the notice at the website address provided above.

  1. License and Site Access

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by JEOEL, its licensors or its content providers, and is protected by copyright, trademark and other applicable MALAYSIA and foreign laws.

JEOEL grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. JEOEL or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in JEOEL’s sole discretion. JEOEL strictly prohibits any other use of any content available through the Site, including but not limited to:

  1. a) any downloading, copying or other use of the content or the Site for purposes competitive to JEOEL or for the benefit of another vendor or any third party;
  2. b) any caching, unauthorized linking to the Site or the framing of any content available on the Site;
  3. c) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
  4. d) any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
  5. e) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
  6. f) any action that imposes or may impose (in JEOEL’s sole discretion) an unreasonable or disproportionately large load on JEOEL’s infrastructure, or damage or interfere with the proper working of our infrastructure.

 

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by JEOEL.

JEOEL reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. JEOEL neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with JEOEL. Termination of your access or use will not waive or affect any other right or relief to which JEOEL may be entitled, at law or in equity.

  1. Content You Submit

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:

  • is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable MALAYSIA or foreign laws;
  • may contain software viruses or malware;
  • contains advertisements or solicitations of any kind, or other commercial content;
  • is designed to impersonate others;
  • contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
  • contains messages by non-spokesperson employees of JEOEL purporting to speak on behalf of JEOEL or containing confidential information or expressing opinions concerning JEOEL;
  • contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
  • contains multiple messages placed within individual folders by the same user restating the same point;
  • contains chain letters of any kind; or
  • contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
  • You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

With respect to any content you submit or make available through the Site (other than personal information, which is handled in accordance with the Privacy Policy), you grant JEOEL a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to JEOEL.

 

  1. Links

This Site may contain links to other websites or resources that are operated by third parties not affiliated with JEOEL. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. JEOEL is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

  1. DISCLAIMERS

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE, OR REQUIRED BY APPLICABLE LAW, JEOEL MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF JEOEL MEMBERSHIP, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE JEOEL SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. JEOEL DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

  1. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF THE JEOEL MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE JEOEL SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR MEMBERSHIP AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER JEOEL NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (“JEOEL”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR JEOEL MEMBERSHIP, ANY TERMINATION OR CANCELATION OF YOUR MEMBERSHIP, ANY REFERRAL CREDIT PROGRAM (OR ASSOCIATED CREDITS); (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE JEOEL SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JEOEL  HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER JEOEL NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH JEOEL IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND JEOEL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

  1. Indemnities

You will indemnify and hold harmless JEOEL from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by JEOEL and such parties, and shall defend JEOEL and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (3) fraud you commit, or your intentional misconduct or gross negligence; or (4) your violation of any applicable MALAYSIA or foreign law or the rights of a third party. JEOEL will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of JEOEL.

 

  1. Electronic Communications

When you use the Site or send emails to JEOEL, you are communicating with JEOEL electronically. You consent to receive electronically any communications related to your use of this Site. JEOEL will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from JEOEL intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the JEOEL Sites.

 

  1. Site-Provided Email and Postings

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. JEOEL is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. JEOEL, in its sole discretion, may monitor, not post or remove any such content.

 

  1. Access to Password Protected Site Features

Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify JEOEL immediately. JEOEL may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.

 

  1. Trademarks and Copyrights

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of JEOEL or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of JEOEL or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without JEOEL’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without JEOEL’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable MALAYSIA and foreign laws.

 

  1. Survival of Terms After Agreement Ends

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

 

  1. Force Majeure

JEOEL shall be excused from performance under these Terms of Use or the Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of JEOEL. In the event that JEOEL is temporarily unable to ship to you a purchased item because of such an event, JEOEL will give you the option of deferring shipment or receiving a refund of your charges.

 

  1. General

From time to time, JEOEL may offer special promotional offers that may or may not apply to your JEOEL account. You agree to be bound by any additional terms and conditions for these special offers

If any of the provisions set forth in these Terms of Use or the Terms of Service are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use or the Terms of Service. Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms of Use or the Terms of Service and the relationship between you and JEOEL will be governed by the laws of Malaysia.

If a dispute arises under these Terms of Use or the Terms of Service between you and JEOEL, such dispute shall be resolved, at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the Kuala Lumpur Regional Centre for Arbitration or the Malaysian Institute Of Arbitrators, under their rules for consumer arbitrations. The venue for all disputes arising under these Terms of Use shall be Federal Territory of Kuala Lumpur, state of Kuala Lumpur. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Notwithstanding any other provision of these Terms of Use or the Terms of Service, JEOEL may resort to court action for injunctive relief at any time.

The failure of JEOEL to act with respect to a breach of these Terms of Use or the Terms of Service by you or others does not waive JEOEL’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

JEOEL does not guarantee it will take action against all breaches of these Terms of Use or the Terms of Service. Except as otherwise expressly provided in these Terms of Use or the Terms of Service, there shall be no third-party beneficiaries to these Terms of Use or the Terms of Service.

 

  1. Changes to These Terms of Use

You acknowledge and agree that JEOEL may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Use is available at www.JEOEL.com/terms. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use means you accept the changes.

 

  1. Assignment

You may not assign these Terms of Use or the Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of JEOEL, which may be withheld at JEOEL’s sole discretion. Any attempted assignment that does not comply with these Terms of Use or the Terms of Service shall be null and void. JEOEL may assign these Terms of Use or the Terms of Service, in whole or in part, to any third party in its sole discretion.

 

  1. Entire Agreement and Admissibility

These Terms of Use constitute the entire agreement and understanding between you and JEOEL with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

In some instances, both of these Terms of Use and a separate document that provides additional conditions may apply to a service or product offered via this Site (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

  1. How to Contact Us

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at service@JEOEL.com.

 

Effective Date: 1 November, 2017