Terms and Conditions
The Website provides access to an online platform (“Platform”) bringing together consumers, financial institutions, data partners and other partners willing to abide by the Terms and Conditions herein. Jomfunds is merely a facilitator providing the Platform for any Person in need of financial products such as consumers, financial institutions, data partners and other partners etc., including connecting Users for assistance regarding financial products. Jomfunds merely facilitates a transaction between two such persons.
The User of this Website unequivocally declares and agrees that the User is a natural and legal person who has attained the age of at least 18 years and is legally allowed to enter a contract in Malaysia. The User can utilise the services of the Website in accordance with the terms and conditions detailed hereinafter. In case, we choose not to charge any fee for the services provided in the Website, by registering on the Website, the User hereby undertakes to agree and abide by the Terms and Conditions detailed hereinafter. If the User violates any of these Terms and Conditions, or otherwise violate an agreement entered into through the medium of the Website, we may terminate the User’s membership, delete his/her profile and any content or information posted online by the User on the Website and / or prohibit the User from using or accessing the Platform through the Website at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18 years of age.
Acceptance of Terms and Conditions
As a User of this Website, you have agreed to the Terms and Conditions that we have provided hereunder or anywhere else on this Website including but not limited to disclaimers on this Website. You are advised to read and understand the said Terms and Conditions and in case you do not wish to agree to these Terms and Conditions, please refrain from using the Website.
The Website are online platforms providing Users registered on the Website with access to the database of the Users. We are a service provider facilitating the access between a person willing to lend and a person in need of borrowing. The final decision as regards lending and borrowing is also subject to the choice of the respective Users in their respective capacities as lenders/ borrowers/ users of other financial products as set out in the Website. Further, we provide support to the Users in verifying the financial capabilities of Users.
We reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to the User. It is the User’s responsibility to review these Terms and Conditions periodically for any updates/ changes. User’s continued use of the Website following the posting of changes will mean that the User has accepted and agreed to the revisions.
License and Site Access
Jomfunds grants you a limited license to access and make personal use of the Website, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with express written consent of Jomfunds and / or its affiliates, as may be applicable. Any unauthorised access to the Website or any networks, servers or computer systems connected to Website and any attempt to modify, adapt, translate or reverse engineer any part of the Website or re-format or frame any portion of the pages of the Website, save to the extent expressly permitted by these Terms and Conditions, is not permitted. This license is non-transferable and does not permit any resale or commercial use of this Website or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Jomfunds and / or its affiliates, as may be applicable. Any unauthorised use of the Website shall terminate the permission or revoke the license granted by Jomfunds.
Monitoring of the Website and Your Account
Jomfunds always has the right and liberty to monitor the content of the Website which shall include information provided in Your Account. The monitoring of the Website is important to determine the veracity of the information provided by you and that every User remains in consonance with the Terms and Conditions provided herein. Subject to the Terms and Conditions mentioned herein Jomfunds shall also have the liberty to remove any objectionable content which is in contravention of the Terms and Conditions herein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in Malaysia.
Limitation of Liability and Disclaimer of Warranties
Notwithstanding anything to the contrary contained herein, neither Jomfunds nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms and conditions. To the maximum extent permitted by law, you waive, release, discharge and hold harmless Jomfunds, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Website.
As a User you also acknowledge that we have maintained and carried out all possible checks and balances to assure the credibility of the Users as listed on the Platform. The information provided on the Website is based on the information that is provided to us. In case the User does not disclose any information to us, and the same is not found out at the first instance by us despite all measures adopted to certify the ratings or credibility of a User, we shall not be responsible for any claims or liabilities. We shall not be responsible for any default on behalf of the User. We are an information platform and the User is entitled to conduct its own diligence before taking any steps to initiate the processes outlined in the Website.
Jomfunds makes no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising these Terms and Conditions. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.
You agree to indemnify, save, and hold Jomfunds, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the services or of the Website, any violation by you of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you herein or your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted/ transmitted by you on the Website. Jomfunds reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, including rights to settle, and you agree to cooperate with our defense and settlement of these claims. We will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these Terms and Conditions.
Advertisers / Third-Party Links on the Website
Jomfunds accepts no responsibility for advertisements contained within the Website. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Website exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the Website provides a link. Further, the Users consent and agree that the content provided in the Website shall be synced and shall be available in both mediums.
Your use of this Website and any Term and Conditions stated in this policy is subject to laws of Malaysia. In case of any disputes arising out of the use of the Website, Courts of Malaysia will have exclusive jurisdiction.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the service and all information, products and other content (including that of third parties) included in or accessible from the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Company and service provider expressly disclaim all warranties of any kind as to the service and all information, products and other content (including that of third parties) included in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.
Company and service provider make no warranty that:
The service will meet your requirements.
The service will be uninterrupted, timely, secure, or error-free.
The results that may be obtained from the use of the service will be accurate or reliable.
Any errors in the technology will be corrected.
And you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from a company or service provider through or from the service will create any warranty not expressly stated in these terms.
Limitation of Liability
You agree that neither company or service provider nor any of their affiliates, account providers or any of their affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if company or service provider has been advised of the possibility of such damages, resulting from:
The use or the inability to use the service.
The cost of getting substitute goods and services.
Any products, data, information or services purchased or obtained, or messages received, or transactions entered, through or from the service.
Unauthorised access to or alteration of your transmissions or data.
Statements or conduct of anyone on the service.
The use, inability to use, unauthorised use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages.
Any other matter relating to the service.
You agree to protect and fully compensate Company and Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of Your Account, of any intellectual property or other right of anyone.
Jomfunds does not return any customer documents including but not limited to IDs, Address proofs, and photographs. Jomfunds may disclose the customer information / documents to credit agencies / bureaus, or any other financial institution / third party that may need the information as deemed necessary by Jomfunds / any other regulatory / legal authority. In this regard, customers waive the privilege of privacy.
*Note: These terms and conditions may change as prescribed by Jomfunds from time to time.