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JomNiaga Client Contact

  1. This JOMNIAGA CLIENT CONTRACT (the "Agreement") constitutes a legally binding agreement between Incomattic Sdn Bhd, a Malaysian company registered under the Malaysian Registrar of Companies ("JomNiaga") and you ("You" or "Your"). BY CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH JOMNIAGA, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT FOR AS LONG AS YOU USE THE JOMNIAGA SERVICES.

    Subject to the terms and conditions of this Agreement, JomNiaga hereby grants to You a non-exclusive, revocable, right and license, without right to sublicense, to use JomNiaga's proprietary online platform, including without limitation the website made available at www.jomniaga.com, and any servers, computers or networks used to provide such website (the "JomNiaga Services") for the following limited purposes, if and as applicable, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH JOMNIAGA MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE. In the event You transfer Your account or ownership of any product, any purchasers or assignees are bound by the terms of this Agreement.

    In addition to any other rights or remedies afforded JomNiaga under or otherwise in connection with this Contract, You agree and acknowledge that You have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement:


  2. PROMOTING PRODUCTS. If You promote, market or otherwise advertise ("Promote" or a "Promotion") any product which is registered for sale via the JomNiaga Services, either by You or by another JomNiaga client (each a "Product"), whether via the JomNiaga Services or via any other online or offline channel or medium for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion ("Commissions"), You agree, acknowledge, represent and warrant that:
    1. You will not suggest or imply any warranty or other policy with respect to any Products other than JomNiaga's Return and Cancellation policy without the prior written consent of JOMNIAGA, which JomNiaga may withhold in its sole discretion for any reason.
    2. When You Promote any Product, You will use the applicable Vendor's trademarks, logos, trade names or service marks in accordance with such Vendor's trademark guidelines, which will either be supplied by JomNiaga or set forth in the Promotional Guidelines, if applicable.
    3. You will not make any unlicensed or unauthorized use of or otherwise infringe, violate or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right ("IP Rights").
    4. You will not interfere with JomNiaga's tracking of Commissions, or with the normal flow of traffic to, through, or from the JomNiaga Services.
    5. You will not Promote violence, sexually explicit materials or any other subject matter not in keeping with JomNiaga's quality standards.
    6. You will not Promote any illegal activities and Your Product, if applicable, will not include any illegal content.
    7. You will not Promote any Products or services to children under the age of thirteen (13).
    8. You will not Promote alcohol, tobacco or prescription drugs.
    9. You will not Promote discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age.
    10. You will not defame any person.
    11. You will not include any trademarks or other brand identifiers, or any copyrighted materials, other than expressly permitted pursuant to this Agreement.
    12. You will not incorporate any variation of or misspell any third-party trademarks or other brand identifiers in any domain name, username or other identifier, including on any social networking site.
    13. You will not in any way copy the "look and feel" of any third party website, or otherwise imply that the Promotion is in fact a third party website.
    14. All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner.
    15. JomNiaga reserves the right, but not the obligation, to review your Promotions. You agree that JomNiaga, in its sole discretion and at any time, may demand changes to product promotion and delivery pages, customer support or other items related to the content of Your Promotions.
    16. You will provide valid contact information, including but not limited to a working email address and phone number, where JomNiaga can send inquiries and receive a non-automated reply by end of the following business day.
    17. JomNiaga does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information nor is it responsible for any bonuses, prizes or other incentives offered by Vendors via the JomNiaga Services. Your use of any information presented by a Vendor is voluntary, and your reliance is at your own risk. JomNiaga does not independently review or verify information that Vendors submit for accuracy, completeness, efficacy or timeliness. You acknowledge and understand that JomNiaga does not verify statements, claims, incentives or Promotions made by Vendors via the JomNiaga Services.
  3. SELLING PRODUCTS. If You register any Products for sale via the JomNiaga Services, You agree, acknowledge, represent and warrant that:
    1. All Products You register for sale via the JomNiaga Services, and the offering and sale thereof via the JomNiaga Services, comply with all of Your country's laws and all applicable U.S. federal and state laws and regulations.
    2. The Product does not involve the downloading of software on a Purchaser's computer unless a purchase is completed or You provide the Purchaser a clear and conspicuous disclosure describing all of the software being downloaded, its functionality and obtain express consent prior to any such downloads.
    3. Without further conditions or limitations, You authorize JomNiaga to list any Product You register for sale via the JomNiaga Services in the online, searchable marketplace of Products made available via the JomNiaga Services (the "JomNiaga Marketplace"); and make it available for sale to Purchasers and/or for Affiliates to Promote at the price designated by JomNiaga ("Retail Price") after taking into consideration Your suggestions regarding such Retail Price, including any applicable sales tax.
    4. JomNiaga may delist any Product from the JomNiaga Marketplace and/or the JomNiaga Services at any time, in its sole discretion, without cause or notice to You or any penalty or liability for doing so.
    5. You will provide valid email addresses to which Purchasers or JomNiaga can send inquiries and receive a reply by end of the following business day. Purchasers and JomNiaga must also be able to receive a non-automated response within one business day, when necessary.
    6. You will advise JomNiaga of any regulatory or legal complaints, or threats of such complaints, that You receive in connection with or relation to such Product You receive from any person, company or entity who purchased such Product or received a Promotion in connection with such Product within two business days of Your receipt of such complaint. You shall assist JomNiaga, at Your sole cost and expense, in taking any steps and actions, as necessary and appropriate, or as reasonably requested by JomNiaga to respond to and/or resolve such complaints.
    7. For any retail transaction involving a physical product, JomNiaga will collect and remit state or local transfer taxes (including but not limited to sales or use tax) where it is legally required to do so. Where JomNiaga does not collect and remit state or local transfer taxes on a transaction, it is possible that You will have the legal obligation to pay such taxes. Under the laws of a state, such obligation may arise as a result of: (1) Your existing or past physical contacts with that state; and (2) Your provision of a "drop ship" delivery of the physical product to a buyer located in that state. You may wish to consult a tax professional to determine if You will have this type of obligation in any particular state. You agree that if such an obligation arises with respect to any particular state, You will be solely responsible for the timely payment of such tax. You further agree that if such an obligation arises, and You do not timely pay such tax, You will be solely responsible for any resulting tax, interest and penalties.
    8. If You use the JomNiaga Services to communicate with Affiliates about Your products, You agree that all statements, opinions, announcements or messages communicated by You via the JomNiaga Services constitute Promotions under this Agreement and are subject to all of the applicable terms, conditions, restrictions and obligations thereto. Additionally, and without limiting any other restriction contained herein, You will not use the JomNiaga Services to: (i) make any false or deceptive statement or claim regarding Your Product or sales of Your Product; (ii) offer any Promotions or incentives to Affiliates unless You intend to fulfill such promotions or incentives; (iii) offer any Promotions or incentives to Affiliates unless You affirmatively state that they are offered only by You and not by JomNiaga; or (iv) suggest in any way, whether express or implied, that Your Product(s) are endorsed, approved or sponsored by JomNiaga in any way. JomNiaga reserves the right to suspend Your ability to use the JomNiaga Services at any time.
  4. EMAILS. If you receive any messages or communications by electronic means, including, but not limited to email and instant messages ("Emails") in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the JomNiaga Services, then You agree and acknowledge that (i) JomNiaga does not guarantee, or assume any liability for, the accuracy, completeness, efficacy or timeliness of any information contained in Emails nor is it responsible for any bonuses, prizes, or other incentives offered by Vendors or Affililates; (ii)Your use of any information presented by a Vendor or Affilliate via Email is voluntary, and Your reliance on any information contained therein is at Your own risk; (iii) JomNiaga does not independently review or verify information that Vendors and Affiliates submit via Email; and (iv) JomNiaga does not verify statements, claims, incentives or Promotions made by Vendors or Affiliates via Email. If You send, or cause to be sent, any Emails in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the JomNiaga Services, then You agree, acknowledge, represent and warrant that all such Emails shall be in full-compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act") and the Children's Online Privacy Protection Act of 2000 ("COPPA") (Information on these laws can be found at http://www.ftc.gov/spam/ and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html). Without limiting the generality of the foregoing, You shall not directly or indirectly:
    1. Send, initiate or procure the sending of an Email to any Person who has either not explicitly requested to receive such messages specifically from You, including without limitation for the purposes of sending unsolicited bulk email, executing any "mass mailings" or "email blasts," or for the purpose of spamming any public forum, including without limitation, any blog, message board, classified listings, auction sites, altnet, newsnet, newsgroups, or similar service.
    2. Send, initiate or procure the sending of an Email to any Person who has explicitly requested to receive no further Emails from You or Your company.
    3. Employ any false or deceptive information regarding Your identity, or regarding the intent, subject, or origin of the message or fail to include accurate information regarding Your identity, and the intent, subject, and origin of the Email.
    4. Employ any incomplete, invalid, deceptive, fake, or forged message headers.
    5. Use any mousetraps or windows that reappear, spawn new windows or otherwise resist being closed.
    6. Exploit documented or undocumented security holes on any client or server machine.
    7. Fail to (i) include clear, valid, and conspicuously displayed "From" and "Subject" lines in the Email, (ii) include a functioning return address (or hyperlink) in the Email that enables the recipient to submit a request to receive no further messages from You ("Opt Out Request") for no less than 30 days from the date the Email was sent; or (iii) honor any Opt-out Request within 10 days of receipt of such Opt-out request by You.
    8. Obtain email addresses via automated means or send any Email to any address which was obtained via automated means, including via the automated combination of names, letters, or numbers, dictionary attacks, or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.
    9. Send any Email from, or make such Email appear to have been sent from, any address that was obtained via the use of scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit unsolicited or misleading email messages.
    10. Send or relay any Email from any protected computer or network accessed without authorization.
    11. Employ any fraudulent, deceptive, false or misleading information in connection with the Emails.
    12. Send any commercial marketing Email or Promotion to, or collect any personally identifiable information from, any person who is under 18 years of age.
  5. SUSPENSION; TERMINATION. You agree and acknowledge that:
    1. JomNiaga, in its sole discretion, may suspend Your account(s) or hold any or all funds in Your JomNiaga account if JomNiaga suspects or has reason to believe and/or if a Person otherwise claims that You have been involved with any of the following:
      1. Illegal activity, including but not limited to, consumer fraud, bank fraud, credit card fraud, spamming or other illicit commercial activities or any other activity which violates any federal, state, local or foreign constitution, treaty, law, statute, ordinance, rule, code, regulation, interpretation, directive, policy, order, writ, decree, injunction, judgment, opinion, ruling, decision, permit, license, registration and other operating authorizations, or any other requirement of, any federal, state, local or foreign government, legislature, governmental or administrative agency or commission, any self-regulatory association or authority, any court or other tribunal of competent jurisdiction, or any other municipality, governmental authority or instrumentality or quasi-governmental entity or authority, whether currently in effect or hereafter enacted or amended ("Law");
      2. Violation or infringement of any Person's rights, including without limitation, any IP Rights;
      3. Misrepresenting, over-promising, making false, deceptive or misleading statements or any other acts in violation of federal or state law affecting consumer protection, promotions and commercial activities;
      4. A breach of any term of this Agreement, including, without limitation, any representation, warranty or covenant made by You in this Agreement; and
      5. Otherwise violating JomNiaga rules or policies or interfering with JomNiaga's business, including JomNiaga's Vendor and Products Requirements Policy.
    2. Following the suspension of an account or holding of funds per this Section 5, JomNiaga will review Your account. You acknowledge that this review will be conducted in a manner decided by JomNiaga at its sole discretion. You agree to cooperate with this review. If the review concludes that there is a reasonable basis to believe misconduct has occurred, You agree that JomNiaga may seize and/or retain funds in Your JomNiaga account as liquidated damages and/or for the benefit of third parties affected by the misconduct. You acknowledge and agree that the such liquidated damages: (a) are not a penalty, and (b) are reasonable and not disproportionate to such presumed damages to JomNiaga.
    3. You understand that JomNiaga may also temporarily hold any portion of the funds in Your JomNiaga account if JomNiaga, in its sole discretion, determines such action is needed to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness You may incur with JomNiaga or any other Person.
    4. You agree and understand that JomNiaga's right to take any of the actions set forth in this Section 5 does not constitute a right or obligation to take them for the benefit of any third parties, including You.
    5. You agree and acknowledge that JomNiaga may also pursue other remedies as allowed by Law.
    6. In addition to the foregoing, and in addition to all other rights and remedies available to JomNiaga at Law or in equity and notwithstanding anything in the Agreement to the contrary, in the event You breach any term of this Agreement, upon notice to You (which may be sent by email), JomNiaga will have the right to immediately terminate this Agreement and Your rights to access, use and/or otherwise participate in the JomNiaga Services. Upon such termination, You agree to immediately cease all use of the JomNiaga Services. Without limiting the foregoing, JomNiaga shall have the right to immediately terminate Your access and use of the JomNiaga Services, or any portion thereof, in the event of any conduct which JomNiaga, in its sole discretion, considers to be unacceptable. The provisions of this Section, in addition to any provisions, which by their nature, are intended to survive, shall survive the termination of this Agreement.
  6. JOMNIAGA'S IP RIGHTS.
    1. You shall not use JomNiaga's name, trademarks, service marks or any other IP Right of JomNiaga in any manner whatsoever to suggest association or affiliation with or endorsement by JomNiaga without the express prior written consent of JomNiaga, which JomNiaga may withhold at its sole discretion. Promotional use of images or reproductions of Payment checks issued by JomNiaga without the express, written consent of JomNiaga is prohibited. For the avoidance of doubt, the foregoing prohibition applies to any use of the Vendor Spotlight.
    2. Subject to the following terms and conditions, JomNiaga grants You a limited, revocable license to use JomNiaga's name: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; (ii) in metatags or hidden text (iii) as a sub domain or second or third level domain name identifier; (iv) to identify Products or (v) in connection with Promotions.
      1. JomNiaga may revoke the foregoing license and/or provide restrictions upon Your use of JomNiaga's name, including requiring the use of such disclaimers as JomNiaga may provide, in connection with Your use of JomNiaga's name, at anytime and for any reason in JomNiaga's sole discretion.
      2. Failure to comply with any restrictions imposed by JomNiaga upon Your use of JomNiaga's name or failure by You to immediately cease all use of JomNiaga's name if so instructed by JomNiaga shall constitute (1) a breach of the limited license set forth in this Section 6(b); and (2) a breach of this Agreement. In such case, JomNiaga reserves the right to pursue any and all remedies available to it at Law or in equity.
      3. You may not use or display JomNiaga's name in any manner (i) that implies sponsorship or endorsement by JomNiaga; (ii) to disparage JomNiaga or the JomNiaga Services or (iii) other than as specifically authorized under this Agreement.
    3. Notwithstanding the limited revocable license set forth in Section 6(b) above, as between the parties, JomNiaga shall be and remain the sole owner of all right, title and interest in and to the JomNiaga Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by JomNiaga, and You hereby assign to JomNiaga all right, title and interest You may be deemed to have therein. Subject to the limited rights expressly granted in this Agreement, JomNiaga reserves all right, title and interest in and to the JomNiaga Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by JomNiaga. All rights not specifically granted to You under this Agreement are expressly reserved by JomNiaga.
  7. CONFIDENTIALITY & NON-DISCLOSURE OBLIGATIONS.
    1. In connection with this Agreement, JomNiaga may disclose to You and/or You may otherwise receive or have access to sensitive, confidential, and/or proprietary information of JomNiaga (collectively, "Confidential Information"), including, but not limited to (a) the identities of other Vendors or Affiliates of JomNiaga (collectively, "JomNiaga Clients"); (b) physical and data security information; (c) technical data; (d) JomNiaga Marketplace statistics and sales data; and/or (e) know-how or business information relating to business processes, methods, or marketing strategies. Except as required to perform Your obligations under and in accordance with the terms of this Agreement, You shall not (i) disclose the Confidential Information to any Person, or (ii) use the Confidential Information (whether for Your own benefit or the benefit of any other Person), without the express prior written consent of JomNiaga. You shall not use any Confidential Information for the purpose of soliciting, or to permit any others to solicit, JomNiaga Clients to subscribe to any other services or promote the sale of any product which competes, either directly or indirectly, with JomNiaga or the JomNiaga Services, including without limitation the functionality offered by the JomNiaga Marketplace. You agree and acknowledge that JomNiaga may be required to provide to governmental agencies or other third parties information in its possession regarding You or the business You conduct with JomNiaga.
    2. JomNiaga does not invite and cannot accept any ideas or information You consider to be confidential and/or proprietary. Except with respect to Your personally identifiable information (as expressly provided for in the JomNiaga Privacy Policy), any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by You to JomNiaga, or otherwise in connection with the JomNiaga Services (collectively, the "Submissions"), shall be deemed to be non-confidential and non-proprietary and JomNiaga shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed and delivered by You and a duly authorized officer of JomNiaga. You hereby grant to JomNiaga and its licensees a worldwide, perpetual, non-exclusive, fully-paid, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display, distribute, and perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media whether now known or to become known in the future. JomNiaga shall have no obligation to compensate You for any such Submissions in any manner. You hereby represent and warrant that: (a) You own or otherwise have the right to grant the foregoing license to JomNiaga with respect to Your Submissions; (b) Your Submissions and any use thereof by JomNiaga will not infringe or violate the rights of any Person (including any IP Rights); and (c) Your Submissions will not contain any unlawful, threatening, abusive, false, libelous, defamatory, obscene, pornographic, profane, or otherwise infringing or objectionable content or material of any kind. You are and shall remain solely responsible for the content of any Submissions You make and acknowledge that JomNiaga is under no obligation to respond to or use any Submission You may provide.
  8. EXPORT CONTROL. You acknowledge and agree to comply with all applicable export Laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act; and regulations issued pursuant to these and other U.S. Laws. You hereby represent and warrant that any Product promoted, offered and/or provided by You via the JomNiaga Services is approved for export from the United States without additional authorization or licensing from the U.S. government. Should the export authorization status of Your Products change, You agree to immediately notify JomNiaga in writing. For Your convenience, information on U.S. export control regulations can be found at the web pages for the Commerce Department (http://www.bis.doc.gov), the State Department (http://www.pmddtc.state.gov) and the U.S. Treasury Department ( http://www.treas.gov/offices/enforcement/ofac/index.shtml).
  9. REQUIRED PERMITS. You assume sole responsibility for obtaining and maintaining all relevant and necessary licenses and permits associated with the legal operation of Your business.
  10. REPRESENTATIONS AND WARRANTIES. You represent, acknowledge and warrant that:
    1. You, Your Products and/or Your Promotions, as applicable, do not and will not, directly or indirectly: (i) invade the right of privacy or publicity of any Person; (ii) contain any libelous, obscene, indecent or otherwise unlawful material; (iii) infringe any IP Rights in any jurisdiction or otherwise contravene any rights of any Person; (iv) violate any laws, including, but not limited to, the CAN SPAM Act of 2003, FTC rules and regulations, false advertising and consumer protection, laws governing contests, sweepstakes, and other promotions, marketing and other similar laws; or (v) violate JomNiaga's Privacy Policy.
    2. You shall not: (i) frame, copy or mirror any content forming part of the JomNiaga Services; (ii) reverse engineer of the JomNiaga Services or otherwise attempt to derive its source materials; (iii) access the JomNiaga Services for the purpose of (A) building a competitive product or service, or (B) copy any features, functions or graphics of the JomNiaga Services; (iv) interfere with or disrupt the JomNiaga Services or any data contained therein; (v) attempt to gain unauthorized access to the JomNiaga Services, its related systems or networks; or (vi) use the JomNiaga Services for any unlawful purpose or in violation of the rights of any Person.
  11. INDEMNIFICATION. To the fullest extent permitted by Law, You agree that
    1. Except in connection with claims related to your violation of any applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the CAN-SPAM Act, as described in Section 4 hereto, in the event that a Party makes any demands or complaints, or commences any action or files any claim whatsoever ("Claim") in connection with Your use of the JomNiaga Services, Product, Promotion or use of the Vendor Spotlight, You shall defend, indemnify and hold harmless JomNiaga, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the "JomNiaga Parties"), from and against any and all damages, liabilities, claims or costs (including, without limitation, the costs of investigation and defense and reasonable attorneys' fees and litigation and court costs) ("Losses") incurred by any JomNiaga Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
    2. Upon receiving notice of any Claim for which JomNiaga is entitled to indemnification by You, JomNiaga shall provide You with written notification and opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at Your sole expense; provided, however, that (i) any settlement which would impose an unindemnified monetary obligation on and/or admission or finding of liability or wrongdoing by JomNiaga will require JomNiaga's prior express written consent; and (ii) failure to provide timely notice, control, or assistance shall not relieve You of Your obligations; and (iii) JomNiaga may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at JomNiaga's own expense, unless You fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case You shall pay all expenses related to JomNiaga's use of such counsel.
    3. In the event that JomNiaga incurs costs, attorneys' fees or other expenses responding to any complaint other than a Claim, in connection with or relation to Your Products or Promotions, including complaints under the DMCA, JomNiaga reserves the right, in its sole discretion, to recover such costs and expenses by deducting a reasonable, commensurate amount from any monies owed to You by JomNiaga up to a maximum of $5000 per event. In the event that JomNiaga incurs any Losses relating to your violation of JomNiaga's email policy, as described in Section 4 hereto, JomNiaga reserves the right, in its sole discretion, to first recover such Losses by deducting a reasonable, commensurate amount from any monies owed to You by JomNiaga up to a maximum of $10,000 per event. You understand and agree that the $5,000 and $10,000 amounts listed above are not JomNiaga's sole and exclusive remedy and that JomNiaga retains all rights to indemnification described herein. You authorize JomNiaga to make, and release JomNiaga from any liability in connection with, any such deductions.
  12. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY JOMNIAGA PARTY, OR ITS HEIRS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY (A) USE OF OR INABILITY TO USE THE JOMNIAGA SERVICES, (B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE JOMNIAGA SERVICES, (C) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE JOMNIAGA SERVICES, AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE JOMNIAGA SERVICES, WHETHER OR NOT JOMNIAGA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF JOMNIAGA FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS DUE AND PAYABLE BY JOMNIAGA TO YOU UNDER THIS AGREEMENT FOR THE MONTH IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH DAMAGES ACCRUE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE JOMNIAGA SERVICES, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE JOMNIAGA SERVICES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF JOMNIAGA SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
  13. GENERAL TERMS AND CONDITIONS.
    1. Governing Law; Dispute Resolution. You agree that Malaysia law will govern this Agreement, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the country of Malaysia, and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located Malaysia. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
    2. English is Governing Language. This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by JomNiaga are for informational purposes only and it is Your obligation to obtain independent legal advice at Your own expense to ensure You understand the terms of this Agreement.
    3. Our Relationship. This Agreement does not create any relationship of principal and agent, partners, joint venturers, employer and employee, fiduciary or similar relationship between the parties. You agree that any content stored on JomNiaga's servers in relation to any Products registered by You via the JomNiaga Services is solely at Your direction and nothing contained in this Agreement nor in Your use of the JomNiaga Services, shall be construed as shifting responsibility for such publication to JomNiaga. You are not authorized to make any promise, warranty or representation on behalf of JomNiaga or obligate or attempt to obligate JomNiaga in any manner whatsoever. You shall not represent to any person that You are the agent of JomNiaga, nor fail to correct any misunderstanding as to such status.
    4. Assignment. JomNiaga may freely assign or transfer any or all of the rights and obligations described under this Agreement without Your consent and without notice to You. You may not assign this Agreement or any of Your rights and duties hereunder without the prior written consent of JomNiaga. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
    5. Severability. If any provision of this Agreement is declared or determined by any court to be unenforceable or invalid: (i) the validity of the remaining parts, terms or provisions shall not be affected by that determination; (ii) the unenforceable or invalid part, term or provision shall not be deemed to be part of this Agreement; and (iii) such court may substitute a provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision. If the remainder of this Agreement is not materially affected by such declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by applicable law.
    6. Publicity. You shall not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using JomNiaga's name or referencing the JomNiaga Services; or (iii) suggesting or implying any endorsement by JomNiaga of You and/or any Products without the prior written approval of JomNiaga, which JomNiaga may withhold at its sole discretion.
    7. Entire Agreement; Amendment. This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. JomNiaga reserves the right to amend this Agreement at any time. When JomNiaga amends this Agreement, JomNiaga shall make reasonable efforts to provide You with general, not specific, notice of such changes by posting a conspicuous announcement at www.JomNiaga.com that; (i) such changes or amendments have occurred; and (ii) identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Your continued use of the JomNiaga Services, following the posting of such amendment will signify and be deemed Your assent to and acceptance of the revised Agreement. You agree that You have the burden to periodically review www.JomNiaga.com to inform Yourself of any such changes.
    8. Waiver. The waiver or failure by JomNiaga to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of JomNiaga set forth in this Agreement are cumulative and are in addition to any rights or remedies JomNiaga may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
    9. Equitable Actions. You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to JomNiaga which would not be adequately and fully compensated by money damages and that JomNiaga may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Notwithstanding any other provision of this Agreement, any such relief may be sought in the state or federal courts of the State of Idaho or any other court of competent jurisdiction anywhere in the world (at JomNiaga's sole discretion), and, You hereby consent to the jurisdiction of any such court and waive any objection to venue laid therein. Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.
    10. Force Majeure. JomNiaga shall not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, JomNiaga.
    11. Notices. Except as otherwise expressly provided herein, any notice, request, approval, authorization, consent, demand or other communication required or permitted to be given or made pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of: (i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from JomNiaga if sent via email, as date stamped by JomNiaga's systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified United States mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.
    12. Headings/Interpretation. The table of contents and the descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.
DISCLAIMER. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE JOMNIAGA SERVICES. THE JOMNIAGA SERVICES AND ALL RELATED SERVICES ARE OFFERED "AS IS" AND JOMNIAGA DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Legal & Policies

Please refer to our legal documents and policies when using JomNiaga:
If you have questions about our legal policies, please contact us.
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