Terms of Service

  1. INTRODUCTION

 

 

1.1 Welcome to the JOM Pharmacy platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a JOM Pharmacy website account ("Account") so that you are aware of your legal rights and obligations concerning JOM Pharmacy Sdn. Bhd. (Company Registration No. 863309-V). The "Service" we provide or make available include (a) the Site, (b) the Service provided by the Site (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application Service (including, without limitation, any mobile application Service) or other materials made available through the Site (“Content”). Any new features added to or augmenting the Service are also subject to these Terms of Service. These Terms of Service govern your use of Service provided by JOM Pharmacy.

 

 

 

1.2 Before becoming a User of the Site, you must read and accept all of the Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

 

 

1.3 JOM Pharmacy reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Service at any time or upon notice as required by local laws. JOM Pharmacy may release certain Service or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. JOM Pharmacy may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Service in its sole discretion and without notice or liability.

 

 

1.4 JOM Pharmacy reserves the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.

 

 

BY USING JOM PHARMACY SERVICE OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

 

 

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICE OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER ACCORDING TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICE USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

 

 

2. PRIVACY

 

 

2.1 Your privacy is very important to us at JOM Pharmacy. To better protect your rights, we have provided the JOM Pharmacy Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how JOM Pharmacy collects and uses the information associated with your Account and/or your use of the Service (the “User Information”). By using the Service or providing information on the Site, you:

 

 

(i) consent to JOM Pharmacy's collection, use, disclosure, and/or processing of your Content, personal data, and User Information as described in the Privacy Policy;

 

 

(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and JOM Pharmacy; and

 

 

(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without JOM Pharmacy’s prior written consent.

 

 

2.2 Users in possession of another User’s personal data through the use of the Service (the “Receiving Party”) hereby agree that they will (i) comply with all applicable personal data protection laws concerning any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information has been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

 

 

3. ACCOUNTS AND SECURITY

 

 

3.1 Our Site requires registration for an Account by providing a unique user identification ("User Name") and password, and by providing certain personal information. If you select a User Name that JOM Pharmacy, in its sole discretion, finds offensive or inappropriate, JOM Pharmacy has the right to terminate your Account.

 

 

3.2 You agree to (a) keep your password confidential and use only your email and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify JOM Pharmacy of any unauthorized use of your Account, email and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. JOM Pharmacy will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

 

 

3.3 You agree that JOM Pharmacy may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account, remove or discard from the Site any Content associated with your Account, withdraw any subsidies offered to you, cancel any transactions associated with your Account, temporarily or in more serious cases permanently withhold any sale proceeds, and/or take any other actions that JOM Pharmacy deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior (d) having multiple user accounts, (e) buying products on the Site for commercial re-sale, (f) abnormal or excessive purchase of products, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), or (h) behavior that is harmful to the business interests of JOM Pharmacy. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Service for any reason, JOM Pharmacy may terminate your Account immediately with or without notice.

 

 

3.4 Users may terminate their Account if they notify JOM Pharmacy in writing (via email to jompharmacyonline@gmail.com) of their desire to do so. Notwithstanding any such termination, Users remain liable for any incomplete transaction (whether commenced before or after such termination), shipment of the product, payment for the product, or the like, and Users must contact JOM Pharmacy after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. JOM Pharmacy shall have no liability, and shall not be liable for any damages incurred due to the actions taken following this Section. Users waive any claims based on any such action taken by JOM Pharmacy.

 

 

3.5 You may only use the Service and/or open an Account if you are located in one of our approved countries, as updated from time to time.

 

 

4. TERM OF USE

 

 

4.1 The license for use of this Site and the Service is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, JOM Pharmacy may effect such termination with or without notice to you.

 

 

4.2 You agree not to:

 

 

(a) upload, post, transmit, or otherwise, make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

 

 

(b) violate any laws, including without limitation any laws and regulation concerning export and import restrictions or third-party rights;

 

 

(c) upload, post, transmit, or otherwise, make available any Content featuring an unsupervised minor or use the Service to harm minors in any way;

 

 

(d) use the Service or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

 

 

(e) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;

 

 

(f) remove any proprietary notices from the Site;

 

 

(g) cause, permit, or authorize the modification, creation of derivative works, or translation of the Service without the express permission of JOM Pharmacy;

 

 

(h) use the Service for the benefit of any third party or any manner not permitted by the licenses granted herein;

 

 

(i) use the Service or upload Content in a manner that is fraudulent, unconscionable, false, misleading;

 

 

(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;

 

 

(k) access the JOM Pharmacy platform, open a user account, or otherwise access your user account using an emulator, simulator, bot, or other similar hardware or software;

 

 

(l) manipulate the price of any item or interfere with other User's listings;

 

 

(m) take any action that may undermine the feedback or rating systems;

 

 

(n) attempt to decompile, reverse engineer, disassemble or hack the Service (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by JOM Pharmacy concerning the Service and/or data transmitted, processed or stored by JOM Pharmacy;

 

 

(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

 

 

(p) upload, email, post, transmit, or otherwise make available any Content that you do not have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

 

 

(q) upload, email, post, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

 

 

(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorized form of solicitation;

 

 

(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

 

 

(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service can type, or otherwise act in a manner that negatively affects other Users' ability to engage in real-time exchanges;

 

 

(u) interfere with, manipulate or disrupt the Service or servers or networks connected to the Service or any other User's use and enjoyment of the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

 

 

(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Service or the servers or networks connected to the Service;

 

 

(w) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws, and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

 

 

(x) use the Service in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union, or Her Majesty’s Treasury;

 

 

(y) use the Service to violate the privacy of others or to "stalk" or otherwise harass another;

 

 

(z) infringe the rights of JOM Pharmacy, including any intellectual property rights and any passing off of the same thereof;

 

 

(aa) use the Service to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or

 

 

(bb) list items that infringe upon the copyright, trademark, or other intellectual property rights of third parties or use the Service in a manner that will infringe the intellectual property rights of others.

 

 

(cc) direct or encourage another user to conduct a transaction other than on the Site.

 

 

4.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not JOM Pharmacy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider being offensive, indecent, or objectionable. To the maximum extent permitted by applicable law, under no circumstances will JOM Pharmacy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

 

 

4.4 You acknowledge that JOM Pharmacy and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, JOM Pharmacy and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iii) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, postings, messages, and/or chats) from the Service as part of our effort to protect the Service, or otherwise enforce the provisions of these Terms of Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by JOM Pharmacy or submitted to JOM Pharmacy, including, without limitation, information in JOM Pharmacy Blogs and all other parts of the Site.

 

 

4.5 You acknowledge, consent to and agree that JOM Pharmacy may access, preserve and disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law according to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over JOM Pharmacy or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms of; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of JOM Pharmacy, its Users and/or the public.

 

 

5. VIOLATION OF OUR TERMS OF SERVICE

 

 

5.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

 

 

  • Account termination
  • Criminal charges
  • Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

 

 

5.2 If you believe a User on our Site is violating these Terms of Service, please contact jompharmacyonline@gmail.com

 

 

6. PURCHASE AND PAYMENT

 

 

6.1 JOM Pharmacy supports the following payment methods:

 

  • Credit/Debit Cards
  • E-wallets
  • Online Banking (FPX Channels/Direct Banking)

 

The above payments are processed through third-party payment channels and the type of credit cards, debit cards, e-wallets, online banking and the involved banks accepted by these payment channels may vary depending on the jurisdiction you are in.

 

 

7. ITEM COMPENSATION

 

 

7.1 Buyer may apply for compensation of the purchased items (“Item”) before the expiry of the JOM Pharmacy Compensation Period, within 7 days after receiving the purchased items.

 

 

7.2 Buyer may only apply for the compensation of the Item in the following circumstances:

  • The Item received is incomplete (missing quantity or accessories);
  • The Item delivered to Buyer does not match the agreed specification (e.g., wrong size, color, etc.) to Buyer;
  • The Item delivered to Buyer is materially different from the description provided in the listing of the Item;
  • The Item received has physical damage (e.g., dented, scratched, shattered);
  • The Item received is faulty (e.g., malfunction, does not work as intended);

 

 

7.3 The Buyer should ensure that photos or videos of the Item, including any complimentary items such as accessories that come with the Item, must be taken/recorded to us in the condition received by the Buyer on delivery.

 

 

8. CANCELLATION, RETURN OR REFUND

 

8.1 There will be no cancellation allowed once an order is placed.

 

 

8.2 There will be no return or refund after placing an order in our webstore (jompharmacy.com.my) but we will replace the Item that is in good condition.

 

 

9. JOM PHARMACY REWARD POINTS

 

 

9.1 Users may earn reward points (“Reward Points”) by buying merchandise on the Site based on the conversion rate determined by JOM Pharmacy at its sole discretion. Generally, JOM Pharmacy Reward Points will be credited to a User’s Account upon the completion of a successful transaction. You are eligible to participate in the JOM Pharmacy Reward Points reward system if you are a User and your Account does not expressly exclude you from participation.

 

 

9.2 Transaction not completed on the Site does not qualify for the JOM Pharmacy Reward Points reward system. JOM Pharmacy may at its sole discretion exclude categories of items from the JOM Pharmacy Reward Points reward system.

 

 

8.3 JOM Pharmacy Reward Points credited to Buyers have no monetary value, do not constitute Buyer’s property, and cannot be purchased, sold, transferred, or redeemed for cash by Buyer.

 

 

9.4 JOM Pharmacy Reward Points reward system is subjected to JOM Pharmacy rules and regulations as determined, varied, or modified by JOM Pharmacy from time to time, subject to any cap imposed by JOM Pharmacy at its sole discretion.

 

 

9.5 The JOM Pharmacy Reward Points you redeem will be deducted from your JOM Pharmacy Reward Points balance.

 

 

9.6 If you have a dispute concerning the number of JOM Pharmacy Reward Points which you have been awarded, such a dispute must be made within one (1) month. We may require you to provide evidence to support your claim.

 

 

9.7 JOM Pharmacy gives no warranty and accepts no responsibility as to the ultimate tax treatment of JOM Pharmacy Reward Points. You will need to check with your tax advisor whether receiving JOM Pharmacy Reward Points affects your tax situation.

 

 

9.8 JOM Pharmacy reserves the right to (i) discontinue the JOM Pharmacy Reward Points Reward System at any time at its sole discretion and (ii) cancel or suspend a User’s right to participate in JOM Pharmacy Reward Points Reward System, including the ability to earn and redeem JOM Pharmacy Reward Points at its sole discretion.

 

 

10. FEEDBACK

 

 

10.1 JOM Pharmacy welcomes information and feedback from our Users which will enable JOM Pharmacy to improve the quality of service provided. Please refer to our feedback procedure below for further information:

 

 

(i) Feedback may be made in writing through email.

 

 

(ii) Anonymous feedback will not be accepted.

 

 

(iii) Users   affected by the feedback should be fully informed of all facts and allowed to put forward their case.

 

 

(iv) Vague and defamatory feedback will not be entertained.

 

 

11. DISCLAIMERS

 

 

11.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS, OR REPRESENTATIONS MADE BY JOM PHARMACY OF ANY KIND EITHER EXPRESSED, IMPLIED, OR STATUTORY CONCERNING THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOM PHARMACY DOES NOT WARRANT THAT THE SERVICES, THIS SITE, OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

 

 

11.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

 

11.3 JOM PHARMACY HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY, OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES.

       

 

 

 

 

Last Updated: 23rd July 2021