Terms And Conditions - Jogoya Membership

General Terms and Conditions of Use and Agreement

Access to, and use of, all or part of any website or mobile application of JOGOYA Malaysia (“Platforms”) constitutes acceptance of these terms of use (“Terms”), and is a binding agreement between you (“User”, “You”) and Elite Dining Sdn. Bhd., the exclusive franchisee for JOGOYA Malaysia (“JOGOYA”, “Us”). Please ensure that you have read and understood these terms before using the App. If you do not agree to these terms, you should uninstall this application immediately. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms and Conditions of Use on such entity’s behalf, and that such entity agrees to indemnify you and JOGOYA for violations of these Terms of Use.

We recommend you keep a copy of this agreement for your records. We reserve the right to make changes to this Privacy Policy at any time and for any reason.

Eligibility, Registration and Account

The Sites are not targeted towards, nor intended for use by, anyone under the age of 18. If you are under 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Us if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Privacy Policy

Please refer to the Privacy Policy carefully to understand how JOGOYA collect and disclose personally identifiable information from users of the Platforms.

Points Redemption

Points collected on the App may be redeemed at any time once the points are sufficient. Redemptions must be fully used by Points and cannot be partially paid by cash. Points cannot be exchanged for cash or credit balance unless required by and subject to the terms of this agreement.

App and Related Terms

These Terms supplement and incorporate (a) in case the Application is distributed through Apple, Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); (b) in case the Application is distributed through Google Inc’s (“Google”) system, Google Play Terms of Service (located at http://play.google.com/about/play-terms.html) (“Google Terms”) and (c) other JOGOYA Privacy Policy. If there is any conflict between these App terms and the Platform Terms, then these App terms will prevail.

Use of the App

Subject to these Terms, JOGOYA grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non-commercial use only on an Apple iPhone, iPad or iPod Touch or an Android device (each a “Device”) owned or controlled by User as permitted by the Apple Terms or the Google Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply. All other rights in the App are reserved by us. In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.

User Information

Some functionality of the App, including Online Payment, purchase of JOGOYA Virtual Card (“E-Card”) and location based services and functionality, may require the transmission of information provided by the User including but not limited to user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), the International Mobile Equipment Identity number accessed in the User’s Device, phone-book information, information related to a JOGOYA Card or GPS location (“User Information”). If the User uses such App functionality, the User consents to the transmission of User Information to JOGOYA, its agents and/or service providers and authorizes JOGOYA, its agents and/or service providers to record, process and store such User Information as necessary for the Application functionality and for purposes described in the JOGOYA Privacy Policy located at JOGOYA Website. The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application.

Prohibited Uses

You agree not to use the App in any way that:

- is unlawful, illegal or unauthorised;

- is defamatory of any other person;

- is obscene or offensive;

- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

- infringes any copyright, database right or trade mark of any other person;

- is likely to harass, upset, embarrass, alarm or annoy any other person;

- is likely to disrupt our service in any way; or

- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;

- fails to comply with applicable third party terms;

- uses technology or other means to access the Application, JOGOYA Website or Content that is not authorized by JOGOYA;

- use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Application, JOGOYA Website, App, or Content;

- attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

- attempts to gain unauthorized access to JOGOYA computer network or user accounts;

- violates these Terms; or

- attempts to damage, disable, overburden, or impair JOGOYA servers or networks.

JOGOYA reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Online Payment, remove Content or assert legal action with respect to Content or use of the Application, including Online Payment, that JOGOYA reasonably believes is or might be in violation of these terms of Acceptable Use or JOGOYA Policies including the JOGOYA Card Terms and Conditions, but JOGOYA failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Indemnification

You agree to defend, indemnify, and hold harmless JOGOYA, and Elite Dining Sdn. Bhd. and their affiliated companies and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including Attorney’s fees) that arise from the User’s use or misuse of the App (including Online payment). JOGOYA reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences. In the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, JOGOYA, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

No Promises

JOGOYA provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied, including any warranties or conditions that the application is merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or error or able to operate on an uninterrupted basis, or that the use of the application by the user is in compliance with laws applicable to the user of that user information transmitted in connection with the application (including as part of online payment) will be successfully, accurately or securely transmitted.

No Liability

JOGOYA will not be liable the User for:

- any loss of income, business, goodwill or profits arising out of this agreement;

- any unauthorized access to or alteration, theft or destruction of the JOGOYA Card;

- the consequences of any delay or mistake relating to the use of JOGOYA Card caused by any circumstances beyond JOGOYA’ control;

- any loss or damage which was not caused by JOGOYA’ breach of this agreement or breach of legal duty of care;

- any loss or damage which was not a reasonably foreseeable result of either JOGOYA’ breach of this agreement or breach of legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time JOGOYA and the User entered into this agreement, such loss was contemplated by the User and by JOGOYA; or

- any loss or damage suffered by the User as a result of the User failing to take reasonable precautions against such loss or damage.

Intellectual Property

The JOGOYA name and logo, and other JOGOYA trademarks, service marks, graphics and logos used in connection with the App are trademarks of JOGOYA (collectively “JOGOYA Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The JOGOYA Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of JOGOYA or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to JOGOYA and its licensors.

Governing Law and Jurisdiction

These Terms are governed by the laws of Malaysia, without regard to conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the courts of Malaysia for purposes of any legal action arising out of or related to the use of the App or these Terms. If as a result of the introduction of new laws, stamp duty, statutory fee and service tax (including any goods and services tax) is chargeable in connection with this Agreement, you agree that JOGOYA is authorised to deduct such duty, fee and tax from your JOGOYA Card upon activation.

Changes

JOGOYA reserves the right to change or modify these Terms or the JOGOYA Policy related to use of the App at any time and at its sole discretion by posting revisions on the JOGOYA Website.. Whenever there is an update on the Terms and JOGOYA Policy, We will notify you via email or the App on such update. Upon receipt of such notification from Us, it is highly recommended that you take time to read and understand the content of the updated Terms and JOGOYA Policy. By continuing to use the App after the receipt of notice of the update of the Terms and JOGOYA Policy, it shall be automatically deemed that you confirm your acceptance of the updated the Terms and JOGOYA Policy notwithstanding that you choose not to read and/or understand the content of the updated the Terms and JOGOYA Policy. If you do not agree to the updated the Terms and JOGOYA Policy, you must immediately uninstall the App and discontinue its use.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Assignment

We may transfer all or part of this agreement without such transfer being considered a change to the agreement, by giving notice to you. The company or other entity to whom we transfer this agreement will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of this agreement so that your rights under this agreement are not detrimentally affected.

Entire Agreement; Construction

All correspondence entered into under this agreement will be in the English language. This agreement is the complete and exclusive statement of the agreement between you and JOGOYA Elite Dining Sdn. Bhd. and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this agreement.

Enquiries or Questions

If you have any questions regarding this JOGOYA App Account Terms of Use and Agreement, please email our Customer Care Team at contact@jogoyarestaurants.com or WhatsApp message to +6016-970 1268.