TERMS AND CONDITIONS
This Agreement was last revised on August 25th, 2020.
Contents
TERMS AND CONDITIONS
I.     INTRODUCTION
II.     DEFINITIONS
III. INTERPRETATION
IV. INTRODUCTION AND SCOPE
V.     SERVICES
VI. MODIFICATIONS TO THE SERVICE
VIII. ABOUT OUR SERVICE
IX. REGISTRATION
X.     USER CONTENT
XI. PAYMENT
XII. GENERAL CONDITIONS
XIII. LIMITED GUARANTEE
XIV. GEOGRAPHIC RESTRICTION
XV. USER RESPONSIBILITIES
XVI. OBLIGATIONS AND RESPONSIBILITIES
XVII. EXCLUSION OF LIABILITY
XVIII. NO RESPONSIBILITY
XIX. RELEASE
XX. SPAM POLICY
XXI. THIRD-PARTY LINKS
XXII. PERSONAL INFORMATION AND PRIVACY POLICY
XXIII.    ERRORS, INACCURACIES, AND OMISSIONS
XXIV.    DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
XXV. COPYRIGHT AND TRADEMARK
XXVI.    INDEMNIFICATION
XXVII.   MISCELLANEOUS

I. INTRODUCTION
www.jomrenovate.com.my (“website”) and Mobile Application “JomRenovate” owned and managed by Magitech Sdn Bhd (“we,” “us,” or “our”) welcomes you.  
We offer you access to our services through our “Website” and “Mobile Application” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you. By accessing and using this Website and Mobile Application, you acknowledge that you have read, understood and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website and Mobile Application. 
II. DEFINITIONS
• “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website and Mobile Application; 
•  “User”, “You” and “your” refers the person who is accessing for taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website and Mobile Application;
•  “Home owner” refers to the user interested in availing services  available on the website;
• “Contractor” refers to the house renovation contractors providing Contractor services  to the users;
•  “User Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. 
•  “We”, “us”, “our”  and “Company”are references to Magitech Sdn Bhd;
• “Website” or “Platform” shall mean and include “https://www.jomrenovate.com.my, mobile applications “JomRenovate” and any successor Website of the Company or any of its affiliates;
•  “User Account” shall mean an electronic account opened by the user with the Platform to avail services offered through the Website;
III. INTERPRETATION
• All references to the singular include the plural and vice versa and the word “includes“ should be construed as “without limitation“.
• Words importing any gender shall include all the other genders.
• Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
• All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.
IV. INTRODUCTION AND SCOPE
• Scope. These Terms govern your use of the Website and Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.

• Eligibility: Certain Service of the Website and Mobile Application is not available to users under the age of 18 or to any users suspended or removed from the system by us for any reason. 

• Electronic Communication: When you use this Website/Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
V. SERVICES
www.JomRenovate.com.my website and mobile application “JomRenovate” provides you a meticulously designed electronic platform connecting house owners to house renovation contractors. It has many benefits like accessibility for those with remote limitations, convenience as it can be done from anywhere and Affordability. The home owner can book a visit of the Contractor for assigning the project.
VI. MODIFICATIONS TO THE SERVICE 
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the changes to our Website and Mobile Application. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.
VII. BOOK A VISIT
The home owners will use the form available on the website to fill out and send their information for booking a visit of the contractor. 
When you make a booking for a visit of the Contractor, during this phase, our representative will check the list of contractor available in the home owner’s area and make a booking according to the specifications (date, time, & other requests filled out in the booking form) requested. 
When we approves a booking, the status of the booking will be changed to “approved“. You will receive a confirmation by Email.
VIII. ABOUT OUR SERVICE
We act as an aggregator and provide you various Contractors and home owners and provide services that have been designed to save you time and money. We strive to provide you with the information you need to make an informed choice on which provider of service best suits your needs.
We accept no responsibility for any loss, damage or death happens during and after the project. House Owner and Contractor will enter into the separate contractor with each other as per the proposals provided by the contractor. Contractor shall indemnify us for all claims and liabilities arising out of any use by the Contractor of the www.JomRenovate.com.my Website,  and Mobile Application including costs and expenses incurred. 
IX. REGISTRATION
For accessing the website/ Mobile Application and using certain resources, you may be required to provide your Mobile Number for verification through one time password.
We collect registration-related information such as name, e-mail, and phone number. 
X. USER CONTENT
1. Content Responsibility. 
The website/ Mobile Application permits you to submit content, feedback, etc. but you are solely responsible for the content submitted by you. You represent that you have required permission to use the content.
When submitting content to the website/ Mobile Application, please do not submit content that:
• contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
• violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
• sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website and Mobile Application without advanced notice.
 
2. Advertising: JomRenovate and its licensees may publicly display advertisements, paid content and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you. 
XI. PAYMENT
• All the payment on this website and mobile applicationshall be governed by our terms and conditions. 
• Payment mode shall be: 
◦ Online: Fund Transfers
• The Preferred method of payment is Fund Transfers.
• We only show receipts for transactions that happen in Mobile Application. If the client does not agree, no payment is needed at all.
• All payment is by progress. The contractor will submit a progress report at least every week. A contractor can make invoices in apps by doing progress reports. All progress reports can be shared to everyone.
• We may refuse or unable to process your order if:
▪ You do not meet the eligibility to order criteria set out above.
• We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
• We take customer feedback very seriously and use it to constantly improve our products and quality of service.
XII. GENERAL CONDITIONS
• We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
• We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
• The website/ Mobile Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
• We shall have no liability to you for any failure to deliver Servies you have ordered or any delay in doing so if caused by any event or circumstances beyond our reasonable control including, without limitation, adverse weather, pandemics, strikes, lockouts, and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.
• We get the right to use any media (photos, graphic and videos) uploaded in the Mobile Application and Website.
XIII. LIMITED GUARANTEE
By this Website/ Mobile Application:
• We provide an opportunity for you to avail the offered services from our Website/ Mobile Application.
• We do not provide any warranty or guarantee that the service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website/ Mobile Application is not as described, your sole remedy is to intimate us about Services for taking further action.
XIV. GEOGRAPHIC RESTRICTION
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website/ Mobile Application is invalid where banned.
XV. USER RESPONSIBILITIES
• You shall use the Service and Website/ Mobile Application for a lawful purpose and comply with all the applicable laws while using the Website and Mobile Application;
• You shall not use or access the Website/ Mobile Application for collecting any market research for some competing business;
• You shall not misrepresent or personate any person or entity for any false or illegal purpose;
• You will not use any device, scraper, or any automated thing to access the Website or Mobile Application for any means without taking permission.
• You will inform us about anything that is inappropriate or  you can inform us if you find something illegal;
• You will not interfere with or try to interrupt the proper operation of the Website/ Mobile Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website/ Mobile Application through hacking, password or data mining, or any other means;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website/ Mobile Application;   
• You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.
• You agree to comply with all applicable domestic laws, statutes, ordinances, and regulations regarding your use of our Website/ Mobile Application. We reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your user account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties
We reserve the right, in our sole and absolute discretion, to deny you access to the Website/ Mobile Application or any service, or any portion of the Website/ Mobile Application or service, without notice, and to remove any content.
For Contractors
• As an independent contractor you are able to accept an visit and project for yourself and you have the right to postpone or cancel the work/visit to an allocated booking.
• The fees that the user pays to JomRenovate are due immediately and non-refundable (‘service fee’).The service fee shall be a percentage of the user charges as determined by JomRenovate from time to time. This no-refund policy also applies even after the user suspends or terminate usage to the platform.
• JomRenovate reserves the right to suspend/terminate contractor usage or access to the platform or system.
• Earnings and previous project are documented in the app and the option of withdrawal to Contractor’s bank account.
XVI. OBLIGATIONS AND RESPONSIBILITIES
LICENSE TO MAKE USE OF INTELLECTUAL PROPERTY.

◦ The Contracgtor hereby grants to the Company for the Term a royalty-free irrevocable license to use its Intellectual Property to provide the Services by the Company as contemplated hereunder.

◦ The term “Intellectual Property” shall mean and include logos, trade names, brand names, trademarks, copyrights, and other relevant intellectual property rights relevant to the advertisement and sale of the Products/service.

INDEMNIFICATION.

◦ The Contractor indemnifies and shall hold indemnified the Company, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Contractor’s product and services, the breach of any of the Contractor’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Contractor infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, state and federal taxes. 
◦ This article shall survive the termination or expiration of this Agreement. 

LIMITATION OF LIABILITY

◦ In no event shall Company be liable to the Contractor or home owner for any incidental, indirect, remote special, consequential or punitive damages, loss of goodwill or business profits, regardless of the nature of the claim, even if Company knew or should have known of the possibility of such damages or claims. 
XVII. EXCLUSION OF LIABILITY
We take no responsibility for any direct or indirect damage that may result from the product or service.
We accept no responsibility for delays/errors due to circumstances outside the Company’s ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, reduced or non-delivery from the other user.
We shall not be liable and responsible for the behavior of the users. And we are also not accountable for the quality of the services provided by the Relationship manager on the website and Mobile Application. 
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.JomRenovate.com.my Website and Mobile Application including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Magitech Sdn Bhd, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage.
XVIII. NO RESPONSIBILITY
We are not responsible to you for: 
• any reliance that you may place on any material or commentary posted on our website or Mobile Application. Please note that nothing contained in our website and Mobile Application or the material published on it is intended to amount to advice on which you should rely; or
• any losses you suffer because the information you put into our website and Mobile Application is inaccurate or incomplete; or
• any losses you suffer because you cannot use our website and Mobile Application at any time; or
• any errors in or omissions from our website or Mobile Application; or
• any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website or Mobile Application; or
• any unauthorized access or loss of personal information that is beyond our control.
XIX. RELEASE
You release us and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arising from your use of the Services (collectively, “Claims”). 
XX. SPAM POLICY
You are strictly prohibited from using the Website or any of our’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
XXI. THIRD-PARTY LINKS
The Website and Mobile Application may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.
XXII. PERSONAL INFORMATION AND PRIVACY POLICY
By accessing or using this Website and Mobile Application, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.
XXIII. ERRORS, INACCURACIES, AND OMISSIONS
Every effort has been taken to ensure that the information offered on this Website and Mobile Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website or Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
XXIV. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE, MOBILE APPLICATION AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE/MOBILE APPLICATION WILL OPERATE ERROR-FREE OR THAT THE WEBSITE/MOBILE APPLICATION, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
 
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE/MOBILE APPLICATION OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE AND MOBILE APPLICATION MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE/MOBILE APPLICATION.  THE WEBSITE/MOBILE APPLICATION MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES AND MOBILE APPLICATION DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE/MOBILE APPLICATION AT ANY TIME WITHOUT NOTICE.
XXV.  COPYRIGHT AND TRADEMARK
The Website/Mobile Application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website/Mobile application automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website/ Mobile Application are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website /Mobile Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website/ Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.
XXVI. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website/ Mobile Application.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
XXVII. MISCELLANEOUS
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
TERMINATION
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. 
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under the law of Malaysia without giving effect to any principles of conflicts of law. The Courts of Malaysia shall have exclusive jurisdiction over any dispute arising from the use of the Website.
 FORCE MAJEURE
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
ASSIGNMENT
The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us at [email protected].