PLEASE NOTE THAT:
“Jaya Risk Consultants Sdn Bhd”, “JRC” OR “WE” REFERS TO Jaya Risk Consultants Sdn Bhd. Keretacare is a service provided by JRC.
“Jaya Risk Consultants Sdn Bhd GROUP” REFERS TO Jaya Risk Consultants Sdn Bhd AND ALL ITS ASSOCIATES AS WELL AS SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO, D’Jaya Risk Consultants Sdn Bhd, AND JOINTLY CONTROLLED COMPANIES, PROVIDING FINANCIAL AND OTHER REGULATED SERVICES, EXCLUDING COMPANIES, BRANCHES, OFFICES AND OTHER FORMS OF PRESENCE OPERATING OUTSIDE OF MALAYSIA UNLESS AND TO THE EXTENT OTHERWISE STATED.
The Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below as well as the Delivery Policy, Privacy Policy and the Refund Policy ("Terms of Use"). Please read the Terms of Use carefully. By accessing or using the Website, making any orders or purchase on the Website, creating a membership account, downloading any digital content from the Website and/or contacting our Customer Support agents, you are deemed to have agreed to the Terms of Use in force at that material time and you are legally bound by the same. If you do not agree to the Terms of Use, please do not use or place any order through the Website or our Customer Support agents. We may at any time change the Terms of Use without notifying you and your continued use of the Website is deemed an acceptance of the updated Terms of Use
USE OF THE WEBSITE
As a condition of your use of the Website, you warrant that:
You have read and agree to be legally bound by the Terms of Use and our Privacy Policy;
You are at least 18 years of age and are of sound mind;
You possess the legal authority, right, power and authority to create a binding legal obligation;
You will use the Website in accordance with the Terms of Use and comply with such other notices or guidelines that may be published on the Website by JRC from time to time (which are hereby incorporated by reference into the Terms of Use);
You will only use the Website to make legitimate purchases for you or for another person for who you are legally authorised to act for and not use the Website or services for any unlawful purpose;
You confirm that all information supplied by you on the Website is true, accurate, current and complete;
You shall comply with all applicable laws and regulations, including but not limited to copyright law; and
If you have an online account with the Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny or restrict access to anyone to the Website and the services we offer, at any time without notice and for any reason, including but not limited to any breach of the Terms of Use.
We shall reserve the right to modify, update or amend the Terms of Use at any time as deemed necessary. In such an event, we will post the updated Terms of Use on the Website. By continuing to access the Website or by continuing to use our services following the modifications, updates or amendments to the Terms of Use, this shall deem to signify your acceptance of such modifications, updates or amendments. If you do not agree to the amended Terms of Use, you may opt to close your account and/or cease using the services on the Website.
PROHIBITED ACTIVITIES
We or our suppliers and providers own the intellectual property rights to the material and information on the Website as well as the technology platform on which it is delivered. You acknowledge that any information, software, goods, or services obtained from or through the Website may not be changed, copied, distributed, transmitted, displayed, performed, reproduced, sold, resold, or subjected to any kind of resale or commercial use. In addition, you consent not to:
(a) use the Website or its contents for any commercial purpose;
(b) carry out any speculative, false, or fraudulent transactions;
(c) use any scrapers, or other automated method to monitor or copy any content or information of the Website for any purpose without our express written permission;
(d) deep link to any portion of the Website (including but not limited to the service purchase path) for any purpose without our express written permission;
JRC may, in its sole discretion, cancel any transactions connected to your name, email address, and/or account and close any account connected to it if it has reason to believe that you have violated the Terms of Use (including without limitation if you have made multiple transactions on the Website and JRC believes (acting reasonably) that any such transactions are for the purposes of reselling) or if your orders or account exhibit signs of fraud, abuse, or suspicious activity. In such a situation, JRC retains the right to withhold payment for the outstanding/cancelled orders from you. JRC reserves the right to take any required legal action in the event that you have engaged in any fraudulent activity, and you are responsible for paying all financial losses sustained by JRC, including but not limited to legal fees, loss, and damages. You agree to completely indemnify JRC and pay all costs and expenses associated with any action brought against JRC as a consequence of your actions. Please get in touch with one of our Customer Support representatives to dispute the cancellation of a booking or the freezing or closing of an account.
PAYMENT AND FEES
When the card issuer and the merchant location—as defined by the card brand (e.g., Visa, MasterCard, American Express)—are in separate nations, many banks and credit card companies charge their account holders a transaction fee. The bank or other entity processing the transaction alone determines the currency exchange rate, if relevant, and any transaction fees. The card issuer may charge the account of the cardholders with these costs. This implies that the sum shown on the billing summary page generated by the website and the sum shown on the amount mentioned on your credit or debit card statement may differ. Please get in touch with your bank or credit card companies if you have any questions about these costs or the conversion rate that was used for your reservation.
LIABILITY DISCLAIMER
Despite JRC's best efforts to assure the accuracy and completeness of all the information, software, products, and services published and presented on the Website, there may inevitably be some mistakes or errors, including pricing errors. JRC specifically disclaims all liabilities and, to the fullest extent permitted by law, does not guarantee complete correctness. JRC hereby disclaims all warranties and conditions, express or implied, with respect to the information, software, products, and services, including without limitation, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with any description, title, or the warranty of non-infringement, including that the Website shall not infringe upon or otherwise violate any third-party intellectual property rights, and/or for any errors or omissions (including, without limitation, the pricing, photographs, general product descriptions, etc.). In addition, JRC expressly maintains the right to cancel any transactions that were completed at an inaccurate price or that contained pricing inaccuracies on the website. If such a situation arises, we will, if possible, provide you the option to maintain your transaction at the proper price or we will cancel your order(s) without charging you any fees.
The inclusion or provision of any products or services on the Website does not imply any endorsement or recommendation of those products or services by JRC, and JRC makes no claims regarding the suitability of the information, software, products, and services contained therein for any purpose. Every kind of warranty is disclaimed and all such data, software, goods, and services are offered "as is" and "as available." JRC makes no warranties, conditions, or representations regarding the Website's, its servers', or any email received from JRC being free of viruses or other harmful components, and it makes no warranty regarding the timeliness, error-free operation, or uninterrupted access to the Website or its content.
JRC will not be liable and you agree to not hold JRC liable under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of the Website or with the delay or inability to access, display or use the Website (including but not limited to your reliance upon opinions appearing on the Website; any computer viruses, information, software, linked sites, products and services obtaining through the Website; or otherwise arising out of the access to, display of or use of the Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, even if JRC has been advised of the possibility of such damages or a remedy set forth herein is found to have failed of its essential purpose. In the event JRC is found to be liable for damages despite the foregoing provision, you agree that JRC ‘s aggregate liability to you for any and all causes of action in relation to the Website, services and the Agreement shall not exceed the sum of RM100 (Ringgit Malaysia One Hundred).
The liability cap indicates how the parties have divided the associated risk. Even if any limited remedy set forth in the Conditions of Use is determined to have failed of its basic purpose, the limits set forth in this section will remain in effect and be applicable. JRC benefits from the liability exclusions outlined in the Conditions of Use. You acknowledge that the aforementioned exclusions of liability permit JRC to supply the Website, information, software, products, and services thereon at either reasonable costs or at no charges to you.
INDEMNITY
You agree to indemnify and keep indemnified JRC Companies and any of their officers, directors, employees, partners and agents harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees on a full indemnity basis, brought by you or on your behalf in excess of the liability described above or by third parties as a result of:
Your breach of the Terms of Use or the documents referenced herein;
Your violation of any law or the rights of a third party; or
Your use or connection of the Website.
LINKS TO THIRD-PARTY SITES
Links to websites run by parties other than JRC may be found on the website. These links are just available for your reference. Such websites are not within our control, and we are not liable for their content, privacy policies, or other operating procedures. Furthermore, you agree that JRC is not responsible for any infringement that may be present on third-party websites and that it has no control over them. Furthermore, it is your responsibility to take care to make sure that any links you choose to click on and any software you download (from the Website or from other websites) is free of flaws and other potentially destructive malware, such as viruses, worms, and Trojan horses. You also irrevocably renounce any claim against us with respect to such third-party websites. Our inclusion of hyperlinks to such websites is for informational purposes only and does not imply that we support the operators of those websites or their content in any way.
ACCOUNT TERMINATION
Depending on the situation, JRC has a policy of deleting problematic accounts without giving warning and without giving a justification. You acknowledge that JRC has the sole and absolute right to, without giving a reason, impose restrictions on, suspend, or terminate the accounts of subscribers or account holders who are found to be serial infringers. In addition, JRC reserves the right to restrict access to the Website and/or terminate the accounts of any users who violate the intellectual property rights of JRC or others, whether or not it is a repeat infringer, at any time and for any reason in its sole discretion. JRC reserves the right to look into any claims of intellectual property infringement regarding the Website, data, software, and/or other materials therein (collectively, "Infringement Material") and to take whatever legal action it deems appropriate, including without limitation removing such Infringement Material from the Website. In exchange, you consent to refrain from taking legal action against JRC, using any legal remedies you may have, and waiving any legal claims you may have against JRC regarding any Infringement Content. If you believe that an account holder or subscriber is a repeat infringer, please provide information to us at the email address below for verification purposes when filing your notice including in the form and containing the information prescribed by the Malaysia Copyright Act 1987 (Act 332) [including its Regulations].
APPLICABLE LAWS AND JURISDICTION
The laws of Malaysia shall govern the Conditions of Use and be followed in its interpretation. By using the Website, you expressly agree that all disputes arising out of or related to the use of the Website shall be exclusively subject to the jurisdiction and venue of the courts located in Malaysia. Any jurisdiction that does not give effect to the elements of the Conditions of Use, including this clause in particular, does not have the right to use the website.
GENERAL
You acknowledge that nothing in the Terms of Use or your use of the Website creates a joint venture, partnership, agency, or employment relationship between you and JRC, and that neither you nor JRC shall have any power or authority to bind the other in any manner.
The Terms of Use are subject to all applicable laws and court orders. Nothing in the Terms of Use restricts our ability to respond in a timely manner to demands for information from law enforcement or other government or legal bodies relating to your use of the Website or information submitted to or gathered by us with respect to such usage. The remaining terms of the Terms of Use shall remain valid, legal, and enforceable even if any portion of them is deemed to be invalid, illegal, or unenforceable. Any omission or delay on our part to enforce the Terms of Use at any time does not signify a waiver of our right to do so later on with respect to that provision or any other term(s).
The Terms of Use (and any other terms and conditions or policies referred to herein) set forth the entire understanding between you and JRC with regard to the Website, our services, and your interactions with us. The Terms of Use supersede any and all prior or current communications and proposals, whether oral, written, electronic, or otherwise, between you and JRC. In legal or other administrative proceedings, a printed version of the Terms of Use and any notice issued in electronic form shall be acceptable to the same extent and under the same circumstances as other business documents and records originally prepared and kept in printed form.
No real person, business, product, or event is intended to be represented by any fictitious names of entities, characters, or data stated on the website.
The English language will be used to understand and interpret the Terms of Use. The Terms of Use may be translated only when necessary. The English language version of the Terms of Use shall take precedence over any translated versions in the case of a dispute.
CUSTOMER SUPPORT
For any queries or concerns with regard to the Terms of Use or any issues in relation to the Terms of Use or the Website, please contact us at [email protected].