Terms of Service

1. Introduction

1.1 Welcome to the Jompilih platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Jompilih account ("Account") so that you understand your legal rights and obligations with respect to Wavepecker Plt (LLP0034587-LGN), its affiliates and/or subsidiaries (individually and collectively, "Jompilih", "we", "us" or "our"). The "Services" we provide include (a) the Site, (b) the services available through the Site and any Jompilih software, and (c) all related information, pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including mobile applications), and other materials made available through the Site or its related services ("Content"). Any new features added to the Services are also subject to these Terms of Service. These Terms govern your use of Services provided by Jompilih.

1.2 The Services provide an online platform that facilitates the sale of goods between buyers ("Buyer") and sellers ("Seller") (collectively "you", "Users", or "Parties"). The actual contract for sale is directly between the Buyer and the Seller, and Jompilih is not a party to that or any other contract between the Buyer and Seller. Jompilih accepts no liability in connection with such contracts. The Parties involved are entirely responsible for the sales contract between them, including the listing of goods, warranties, and other related matters. Jompilih does not participate in the transaction between Users. Jompilih may or may not pre-screen Users or the Content or information provided by Users. We reserve the right to remove any Content or information you post on the Site in accordance with Section 6.4 herein. Jompilih cannot guarantee that Users will complete a transaction.

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

1.4 Jompilih reserves the right to change, modify, suspend, or discontinue all or any part of the Site or Services at any time or as required by local laws. We may release certain Services or features in a beta version, which may not function properly or as the final version may, and we shall not be held liable in such instances. Jompilih may also impose limits on certain features or restrict your access to parts of or the entire Site or Services at our discretion and without notice or liability.

1.5 Jompilih reserves the right to refuse you access to the Site or Services or to prevent you from opening an Account for any reason.

BY USING JOMPILIH SERVICES OR OPENING AN ACCOUNT, YOU IRREVOCABLY ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING ANY ADDITIONAL TERMS AND POLICIES REFERENCED HEREIN OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE REQUIRED FOR CONSENT IN YOUR COUNTRY ("LEGAL AGE"), YOU MUST OBTAIN PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT, AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS. IF YOU ARE UNSURE IF YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE SOUGHT GUIDANCE FROM A PARENT OR LEGAL GUARDIAN. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A MINOR CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR JOMPILIH SERVICES THROUGH SUCH AN ACCOUNT, WHETHER CURRENTLY OPEN OR CREATED LATER.

2. Privacy

2.1 Your privacy is of utmost importance to us at Jompilih. To safeguard your rights, we have provided Jompilih’s Privacy Policy, which details our privacy practices. Please review the Privacy Policy to understand how Jompilih collects, uses, and manages the information associated with your Account and/or your use of the Services (the "User Information"). By using the Services or providing information on the Site, you:

(i) consent to Jompilih’s collection, use, disclosure, and/or processing of your Content, personal data, and User Information as outlined in the Privacy Policy;

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

(iii) agree not to disclose your User Information to any third party or allow third-party access to your User Information without Jompilih’s prior written consent.

2.2 Users who obtain another User’s personal data through the use of the Services (the “Receiving Party”) agree to

(i) comply with all applicable personal data protection laws concerning such data;

(ii) allow the User whose personal data has been collected (the “Disclosing Party”) to remove their data from the Receiving Party’s database; and

(iii) permit the Disclosing Party to review what information has been collected about them by the Receiving Party, in compliance with applicable laws, where required.

3. Limited License

3.1 Jompilih grants you a limited, revocable license to access and use the Services in accordance with these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos, and other intellectual property ("Intellectual Property") displayed on the Site are the property of Jompilih and, where applicable, any third-party proprietors identified on the Site. No right or license is granted, directly or indirectly, to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any rights, title, or interest therein. By using or accessing the Services, you agree to comply with copyright, trademark, service mark, and all other applicable laws protecting the Services, the Site, and its Content. You agree not to copy, distribute, republish, transmit, publicly display, perform, modify, adapt, rent, sell, or create derivative works of any part of the Services, the Site, or its Content. You also agree not to mirror or frame any part or content of this Site on any other server or website without our prior written consent. Additionally, you agree not to use any robot, spider, or other automated device or manual process to monitor or copy our Content without our prior written consent (such consent is deemed granted for standard search engine technology used by internet search engines to direct users to this website).

3.2 You are welcome to link to the Site from your own website, provided your site does not imply any endorsement by or association with Jompilih. You acknowledge that Jompilih may, at its sole discretion, discontinue providing the Services, either in part or in whole, at any time without notice.

4. Software

4.1 Any software provided to you by us as part of the Services is subject to these Terms of Service. Jompilih retains all rights to the software that are not expressly granted hereunder. Any third-party scripts or code linked to or referenced from the Services are licensed to you by the third parties owning such scripts or code, not by Jompilih.

5. Accounts & Security

5.1 Some functions of our Services require you to register for an account by selecting a unique user identification ("Username") and password and providing certain personal information. If you select a Username that Jompilih, in its sole discretion, finds inappropriate or offensive, Jompilih reserves the right to suspend or terminate your account. You may be able to use your account to access other products, websites, or services with which Jompilih has partnered or collaborated. Jompilih has not reviewed, nor assumes responsibility for, any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites, or services. If you use such products, websites, or services, their terms of service and privacy policies may also apply to your usage.

5.2 You agree to (a) keep your password confidential and only use your Username and password when logging in, (b) ensure that you log out at the end of each session, (c) notify Jompilih immediately of any unauthorized use of your account, Username, 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 Username and account, even if such activities were not authorized by you. Jompilih is not liable for any loss or damage arising from unauthorized use of your password or failure to comply with this section.

5.3 Jompilih may, at its sole discretion and with or without notice, immediately suspend, freeze, or terminate your account and Username, remove or discard content associated with your account, withdraw any offered subsidies, cancel transactions, or temporarily or permanently withhold any sale proceeds or refunds. Grounds for such actions may include but are not limited to: (a) extended inactivity, (b) violation of these Terms of Service, (c) illegal, fraudulent, or abusive behavior, (d) maintaining multiple accounts, (e) purchasing for commercial resale, (f) excessive purchases from the same seller, (g) abuse of vouchers, (h) failure to make timely payments, or (i) harmful behavior towards others or Jompilih's business interests. Illegal or abusive use of an account may be reported to law enforcement without notice. If a legal dispute or law enforcement action arises, Jompilih may terminate your account without notice.

5.4 Users may terminate their account by notifying Jompilih in writing or via email. However, users remain responsible for any incomplete transactions and must complete all obligations, including shipment and payment for products, in accordance with the Terms of Service. Jompilih is not liable for any actions taken following account termination. Users waive any claims related to such actions.

5.5 You may only use the Services and open an account if you are located in one of the approved countries as updated from time to time.

5.6 If you are a seller, you may add your staff to your main account via the Jompilih Staff Management page. The staff members you add are intended to assist in managing your main account and must not be involved in any fraudulent or illegal activities. You are responsible for all actions taken by your staff, including any third-party access you grant. Jompilih reserves the right to modify or terminate any staff access to your main account.

6. Term of Use

6.1 The license to use Jompilih’s Site and Services remains in effect until terminated. This license will end as outlined in these Terms of Service or if you fail to comply with any provision of these terms. Jompilih may terminate this license with or without notice.

6.2 You agree not to:

(a) Upload, post, or transmit any content that is unlawful, harmful, abusive, harassing, defamatory, obscene, or otherwise objectionable. This includes violations of Jompilih’s Community Guidelines.

(b) Violate any local or international laws, including those regarding export and import restrictions or third-party rights.

(d) Impersonate any person or entity, or misrepresent your affiliation with anyone.

(e) Forge headers or manipulate identifiers to disguise the origin of any content transmitted through the Services.

(f) Remove any proprietary notices from the Site.

(g) Modify, create derivative works from, or translate the Services without express permission from Jompilih.

(h) Use the Services for unauthorized third-party benefits.

(i) Use the Services in a fraudulent, misleading, or deceptive manner.

(j) Operate multiple user accounts to circumvent these terms.

(k) Access Jompilih using an emulator, bot, or similar software.

(l) Manipulate the price of items or interfere with other users' listings.

(m) Undermine feedback or ratings systems.

(n) Attempt to decompile, reverse-engineer, or hack the Services.

(o) Collect personal information about other users without consent.

(p) Share content you do not have the legal right to make available.

(q) Infringe upon the intellectual property rights of others.

(r) Upload unsolicited or unauthorized promotional material or "spam."

(s) Upload any harmful software, such as viruses or Trojan horses.

(t) Disrupt the normal flow of dialogue or otherwise negatively affect users' real-time interactions.

(u) Interfere with or disrupt the Services or networks connected to the Services.

(v) Engage in actions that may overload or impair the Services.

(w) Use the Services to violate local, national, or international laws, including anti-money laundering or anti-terrorism laws.

(x) Circumvent any sanctions or embargoes imposed by relevant authorities.

(y) Violate the privacy of others or harass another user.

(z) Infringe on Jompilih’s intellectual property rights.

(aa) Use the Services to collect personal data in connection with prohibited conduct.

(bb) List items that infringe on third-party intellectual property rights.

(cc) Encourage others to conduct transactions outside of Jompilih.

6.3 You acknowledge that you are solely responsible for all content you upload, post, or share through Jompilih. This means you, not Jompilih, are responsible for any legal consequences stemming from your content. Jompilih will not be liable for any errors or omissions in content or for any damage caused by reliance on content posted on the platform.

6.4 Jompilih reserves the right to pre-screen, refuse, or remove any content at its sole discretion, without liability. Content that violates these Terms, receives complaints, infringes intellectual property, or is deemed objectionable can be removed. Jompilih may also block communications as part of efforts to protect the platform and its users. You bear the risks associated with using any content, including its accuracy or usefulness.

6.5 You agree that Jompilih may access, preserve, and disclose your account information and content to legal, regulatory, or governmental authorities when required by law. This includes responding to legal processes, enforcing the Terms of Service, or protecting the safety of Jompilih’s users and the public.

7. Violation of Our Terms of Service

7.1 Violations of these Terms of Service may lead to a range of actions, including but not limited to:

Deletion of listings
Restrictions on account privileges
Account suspension or termination
Criminal charges
Civil actions, including claims for damages or requests for interim or injunctive relief

7.2 If you believe that a user on Jompilih is violating these Terms of Service, please contact us here.

8. Reporting Intellectual Property Rights Infringement

8.1 Jompilih does not permit listings that infringe on the intellectual property rights of brands or other intellectual property rights holders ("IPR Owner").

8.2 Unless explicitly stated otherwise, users on Jompilih operate as independent individuals or businesses, with no affiliation to Jompilih. Jompilih is neither an agent nor a representative of these users and does not hold or own any merchandise listed on the site.

8.3 If you are an IPR Owner or an agent authorized by an IPR Owner ("IPR Agent") and believe that your rights, or those of your principal, have been infringed, please submit a complaint via Jompilih's support portal. Provide the necessary documentation to support your claim, and allow time for Jompilih to process the information. We will respond to your complaint as promptly as possible.

8.4 Complaints regarding intellectual property rights infringement must be submitted in the form prescribed by Jompilih, which may be updated periodically. The complaint must include:

(a) A physical or electronic signature of the IPR Owner or IPR Agent (collectively, “Informant”);

(b) A description of the intellectual property right that is allegedly infringed, along with proof of ownership;

(d) URL(s) of the listing(s) containing the alleged infringement;

(e) Contact information for the Informant, including a physical address, telephone number, and email address;

(f) A statement affirming that the complaint is made in good faith, and that the use of the intellectual property in question is unauthorized by the IPR Owner or the law;

(g) A statement affirming that the information provided is accurate, the Informant indemnifies Jompilih for any damages resulting from the complaint, and that the Informant has the authority to act on behalf of the IPR Owner.

8.5 Jompilih acknowledges that brands or manufacturers may enter into exclusive distribution agreements or minimum advertised price agreements with third parties. However, breaches of these agreements do not constitute intellectual property infringement. Enforcement of such agreements is between the brand or manufacturer and the respective third parties. Jompilih generally does not assist in enforcing such exclusive rights or pricing matters unless required by law.

8.6 Without limiting the indemnity in Section 24, each seller agrees to indemnify and hold Jompilih harmless from any claims, damages, or judgments arising out of or relating to:

(a) Any intellectual property infringement claim, complaint, or violation related to any content or product listings; and/or

(b) Any removal of such content or product listings in connection with any intellectual property infringement claim, complaint, or violation.

9. Purchase and Payment

9.1 Jompilih supports various payment methods in each country where it operates, including:

(i) Credit Card - Payments made by credit card are processed through third-party payment gateways. The types of credit cards accepted may vary based on your location.

9.2 Jompilih assumes no responsibility or liability for any loss or damage incurred by buyers due to incorrect shipping or payment information provided, or errors in remittance related to purchases. We reserve the right to verify that buyers are authorized to use specific payment methods and may suspend transactions until such authorization is confirmed. If confirmation is not obtained, we may cancel the relevant transaction.

10. Seller Balance

10.1 Your account facilitates the storage of funds received from sales made on the platform (“Seller Balance”). The total sum of these funds, minus any withdrawals, will be reflected in your Seller Balance. Please note, in certain circumstances, the Seller Balance may become negative, and no further withdrawals will be allowed until the balance becomes positive (including through future sales proceeds).

10.2 You may transfer funds from your Seller Balance (up to the available balance) to your linked bank account (“Linked Account”) by submitting a withdrawal request (“Request Withdraw”). Jompilih may also automatically transfer funds from your Seller Balance to your Linked Account on a regular schedule, as determined by Jompilih. Transfers will only be processed on business days and may take up to three business days to be credited to your Linked Account.

10.3 Funds from your sales on Jompilih will be credited to your Seller Balance four (4) days after the order is marked as Completed.

10.4 Once a Withdrawal Request is submitted, it cannot be modified or canceled.

10.5 In the event of any transaction processing error, you authorize Jompilih to initiate debit or credit entries to correct the error, provided the correction is compliant with applicable laws and regulations.

10.6 You authorize Jompilih to initiate debit or credit entries to your Seller Balance (even if it results in a negative balance) in cases where it is necessary to fulfill these terms:

(i) correcting transaction errors;

(ii) fraudulent or suspicious activity;

(iii) lost, damaged, or incorrect items;

(iv) dispute settlements;

(v) banned items or customs detentions;

(vi) approved returns or refunds in accordance with our policy.

10.7 Jompilih reserves the right to limit, freeze, or suspend any seller account if amounts owed to Jompilih are not repaid.

10.8 If a seller’s account is terminated, deactivated, or remains inactive for a specified period, Jompilih may charge an administrative fee for managing any outstanding amounts. The fee amount and frequency will be determined by Jompilih.

11. Jompilih Buyer Protection

11.1 Jompilih Buyer Protection is a service provided by Jompilih or its authorized agent to safeguard payments for purchases made by buyers against potential risks. For more details on Jompilih Buyer Protection coverage, please refer to the Jompilih Return & Refund Policy. Sellers will not earn interest or other benefits from the funds held under Jompilih Buyer Protection.

11.2 After the buyer completes payment for their order (“Buyer’s Purchase Monies”), the buyer will be covered under the Jompilih Buyer Protection Period until:

(a) Day 4 from the date the order is marked as completed or delivered, or

(b) The buyer leaves a review before Day 4 from the date the order is marked as completed or delivered.

11.3 Sellers and buyers must be the beneficial owners of their accounts and must only conduct transactions on the site on behalf of themselves. Jompilih may require personal information from buyers or sellers, such as identification documents or bank details, for verification purposes, including for third-party payment processing or logistics services. By using the site, sellers and buyers consent to Jompilih sharing this information with third parties as needed to facilitate transactions. For more details on how Jompilih handles personal data, please refer to the Jompilih Privacy Policy.

11.4 Jompilih Buyer Protection is an additional layer of security and does not replace any legal obligations that buyers and sellers may have under applicable laws. Jompilih Buyer Protection does not constitute a product warranty and is not intended to assist either party in fulfilling its legal duties.

11.5 Buyers and sellers agree that Jompilih’s decisions, including any appeals regarding issues related to Jompilih Buyer Protection, are final.

11.6 For clarity, any transactions not conducted through Jompilih’s platform are not eligible for the protection provided by Jompilih Buyer Protection.

12. Delivery

12.1 If a Seller notifies Jompilih about the delivery of purchased items, the Seller must arrange delivery based on the information provided by the Buyer. Jompilih will inform the Seller once it has received the Buyer’s payment, enabling the Seller to proceed with delivery. Unless otherwise agreed with Jompilih, the Seller should then arrange for the purchased items to be delivered and provide the Buyer with details such as the name of the delivery company and the tracking number through the platform.

12.2 The Seller must make every effort to ensure that the Buyer receives the purchased items within the specified delivery period, as indicated by Jompilih or on the Seller’s listing. The Seller is responsible for the delivery costs, which may be charged to the Buyer, and assumes all risks associated with the delivery.

12.3 Delivery dates on the product detail page are only estimates, and Jompilih is not liable for any discrepancies not specified on the order details page.

12.4 Sellers bear all risks associated with delivering purchased items and must obtain adequate insurance coverage. In the event of damage, loss, or delivery failure, Sellers and Buyers agree to resolve the issue with the logistics provider directly, acknowledging that Jompilih is not liable for any resulting costs or damages.

12.5 If the Buyer chooses to use a Delivery Partner, the Seller must ensure that the purchased item is ready for pickup within the specified timeframes and procedures communicated by Jompilih. Failure to comply may result in actions taken by Jompilih, including additional charges to the Seller, order cancellations, or potential warnings and/or account suspension.

13. Cancellation, Return & Refund

13.1 Cancellation of orders is not allowed once the payment has been initiated.

13.2 A buyer may request a return and refund of a purchased item before the Jompilih Buyer Protection period expires, if applicable, subject to and in accordance with Jompilih’s Return or refund policy. For more details, please refer to the Jompilih Return & Refund Policy.

13.3 Jompilih reserves the right to cancel any transaction on the platform, and the buyer agrees that their sole remedy will be a refund of the purchase amount held under Jompilih Buyer Protection.

13.4 Jompilih does not oversee the cancellation, return, or refund process for offline payments.

14. Seller’s Responsibilities

14.1 Sellers are responsible for accurately managing their listings, ensuring that all relevant information, including prices, item details, inventory levels, and sales terms, is current and not misleading.

14.2 Sellers must properly categorize each product listed on the platform, following the guidelines provided in the Help Center. These guidelines may be updated periodically, and Sellers are expected to comply with any changes. In cases of miscategorization, Jompilih reserves the right to take necessary actions as outlined in the Help Center. In disputes over product categorization, the final decision rests with Jompilih.

14.3 Sellers set their own prices for items, which must include all applicable charges, such as sales tax, value-added tax, tariffs, etc. Sellers may not charge Buyers additional fees separately for these amounts.

14.4 Jompilih may conduct promotional activities to encourage transactions between Buyers and Sellers, which could involve reducing or discounting fees or implementing other promotional strategies. The price presented to Buyers will reflect any such adjustments.

14.5 To promote Sellers' items, Jompilih may list these items (at adjusted prices) on third-party websites, including comparison sites and other platforms operated by Jompilih.

14.6 Sellers are required to issue receipts, credit card slips, or tax invoices to Buyers upon request.

14.7 Sellers acknowledge that they are responsible for all taxes, customs duties, and fees associated with the items sold. Jompilih does not provide legal or tax advice, and Sellers are encouraged to seek professional guidance regarding tax obligations.

14.8 Sellers understand that violations of Jompilih's policies may result in actions outlined in Section 7.1.

15. Processing Fees

15.1 Jompilih or its authorized agent charges a fee for all successful transactions completed on the platform (Processing Fee). This fee includes both the platform commission and any applicable transaction-related charges. This fee is rounded up to the nearest cent and is exclusive of sales and service tax. Jompilih-sponsored discounts, such as item rebates or vouchers (excluding free shipping discounts) may also affect the fee. The list of sponsored discounts is subject to change at Jompilih’s sole discretion.

15.2 The Processing Fee is borne by the seller. The applicable percentage can be found in the Help Center. Jompilih reserves the right to amend the rate by announcing the changes in the Help Center.

15.3 Upon the successful completion of a transaction, Jompilih will deduct the Processing Fee and any applicable Cross-Border Fees from the Buyer’s Purchase Monies. The remaining balance will be remitted to the Seller in accordance with Section 10.2.

16. Disputes

16.1 In the event of a transaction-related issue, Buyers and Sellers agree to communicate directly to resolve the dispute through mutual discussion. Jompilih will make reasonable efforts to facilitate this process. If the dispute cannot be resolved through discussion, Users may seek resolution through the appropriate claims tribunal in their local jurisdiction.

16.2 Both Buyers and Sellers agree not to initiate legal action or assert claims against Jompilih (unless Jompilih is the Seller involved in the transaction) concerning any transactions conducted on the platform or any disputes arising from such transactions.

16.3 Users covered under Jompilih Buyer Protection may submit a written request to Jompilih for assistance in resolving any issues arising from a transaction. Jompilih, at its sole discretion and without any liability to the Seller or Buyer, may take the necessary steps to help resolve the dispute. For more information, please refer to Jompilih’s Return & Refund Policy.

17. Feedback

17.1 Jompilih values feedback from Users, as it helps improve the quality of our services. Please refer to our feedback procedure below for more information:

Feedback Submission: Feedback can be submitted in writing via feedback form.
Anonymous Feedback: We do not accept anonymous feedback.
Informed Feedback: Users impacted by the feedback should be fully informed of all relevant facts and given the opportunity to present their case.
Feedback Guidelines: Vague or defamatory feedback will not be considered.

18. Disclaimers

18.1 THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, CLAIMS, OR REPRESENTATIONS BY JOMPILIH OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JOMPILIH DOES NOT WARRANT THAT THE SERVICES, THIS SITE, OR ANY FUNCTIONS WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. JOMPILIH ALSO DOES NOT GUARANTEE THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF HARMFUL COMPONENTS.

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

18.3 JOMPILIH HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOES NOT ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS, EXISTENCE, QUALITY, SAFETY, OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR BUYERS TO PAY FOR ITEMS. IN THE EVENT OF A DISPUTE BETWEEN USERS, SUCH USERS AGREE TO RESOLVE THE DISPUTE AMONGST THEMSELVES AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, RELEASE JOMPILIH FROM ANY CLAIMS ARISING FROM SUCH DISPUTE.

19. Exclusions and Limitations of Liability

19.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOMPILIH SHALL NOT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER CAUSE OF ACTION FOR:

(A) LOSS OF USE, PROFITS, REVENUES, DATA, GOODWILL, OR ANTICIPATED SAVINGS; OR

(B) ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF JOMPILIH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2 YOUR ONLY REMEDY FOR ANY ISSUES OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND/OR DISCONTINUE USE OF THE SERVICES.

19.3 IF, NOTWITHSTANDING THE ABOVE SECTIONS, JOMPILIH IS FOUND LIABLE BY A COURT, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS LIABILITY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE TO YOU UNDER THE JOMPILIH BUYER PROTECTION; AND (B) RM 100 (ONE HUNDRED RINGGIT).

19.4 NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY JOMPILIH’S NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE LEGALLY LIMITED OR EXCLUDED.

20. Links to Third-Party Sites and Sharing Videos

20.1 Links to third-party websites provided throughout the Jompilih platform allow you to leave our site. These links are offered as a courtesy, and the linked sites are not under Jompilih's control. You access these sites at your own risk. Jompilih is not responsible for the content of any linked site or any link contained within a linked site, including any changes or updates to such sites. The inclusion of any link does not imply any affiliation, endorsement, or sponsorship by Jompilih of the linked site or its content.

20.2 Jompilih allows you to share videos from YouTube through our platform. By sharing YouTube content, you agree to be bound by YouTube's Terms of Service (https://www.youtube.com/t/terms).

21. Your Contributions to the Services

21.1 By submitting content for inclusion on the Services, you represent and warrant that you possess all necessary rights and permissions to grant the licenses described below. You acknowledge that you are solely responsible for anything you post or make available through the Services, including its accuracy, reliability, rights clearance, and compliance with laws. You agree to adhere to the Jompilih Community Guidelines or any other community guidelines issued from time to time. You grant Jompilih and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, modify, and publicly display your contributions on, through, or in connection with the Services in any media formats and channels, including for promotional purposes without the need for attribution. You waive any moral rights in this respect and understand that your contributions may be adapted to meet technical requirements.

21.2 Any content or information you submit to Jompilih, or transmit by any means, is not considered confidential and may be used by Jompilih without compensation or liability to you. By making a submission, you acknowledge that Jompilih or third parties may develop software, applications, or products that are similar to your ideas. You grant Jompilih a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use your submissions for any purpose.

22. Third-Party Contributions to the Services and External Links

22.1 Each contributor to the Services is solely responsible for the accuracy and legality of their content. Jompilih does not regularly monitor the contributions for accuracy or compliance with laws. You agree not to hold Jompilih responsible for any actions or inactions of other users.

22.2 The Services may contain links to third-party products, websites, or services. These links are not owned or controlled by Jompilih, and Jompilih assumes no responsibility for their content or practices. You are encouraged to read the terms and policies of these third parties. By using the Services, you agree that Jompilih is not liable for your use of any linked site. Jompilih reserves the right to disable or remove any third-party links or applications that violate these Terms of Service.

23. Fraudulent or Suspicious Activity

23.1 If Jompilih, at its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activities or transactions, we may take various actions to protect Jompilih, other Buyers or Sellers, and any third parties from reversals, chargebacks, claims, fees, fines, penalties, and other liabilities. The actions we may take include, but are not limited to:

(a) Closing, suspending, or limiting your access to your account or the Services, and/or suspending the processing of any transaction;

(b) Suspending your eligibility for the Jompilih Buyer Protection;

(c) Holding, applying, or transferring the funds in your account as required by judgments and orders affecting you or your account, including those issued by a competent court;

(d) Refusing to provide Services to you, now and in the future;

(e) Holding your funds for a period deemed necessary to protect against potential liabilities to Jompilih or third parties, or if we suspect that you may be engaging in fraudulent or suspicious activities or transactions.

For the purposes of this Section:

"Chargeback" means a request that a Buyer files directly with their debit or credit card company to invalidate a payment.
"Claim" refers to a challenge to a payment filed directly with Jompilih by a Buyer or Seller.
"Reversal" means the reversal of a payment by Jompilih due to (a) invalidation by the sender's bank, (b) erroneous payment to you by Jompilih, (c) lack of authorization for the payment (e.g., a stolen credit card was used), (d) receipt of payment for activities that violate these Terms of Service or any Jompilih policy, or (e) a decision against you regarding a Claim.

24. Indemnity

24.1 You agree to indemnify, defend, and hold harmless Jompilih and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders, partners, and employees (collectively, the "Indemnified Parties") from any and all claims, actions, proceedings, and suits, along with all related liabilities, damages, settlements, penalties, fines, costs, and expenses (including, without limitation, dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site or any dispute related to such transaction (except where Jompilih is the Seller in the transaction that the dispute pertains to), (b) the Jompilih Buyer Protection, (c) the hosting, operation, management, and/or administration of the Services by or on behalf of Jompilih, (d) your violation or breach of any term of these Terms of Service or any referenced policies or guidelines, (e) your use or misuse of the Services, (f) your breach of any law or the rights of a third party, or (g) any Content uploaded by you.

25. Severability

25.1 If any provision of these Terms of Service is deemed unlawful, void, or unenforceable under the law of any jurisdiction, that provision shall be severable from these terms and conditions and shall not affect the validity or enforceability of the remaining provisions in such jurisdiction or the validity and enforceability of the provision in question under the law of any other jurisdiction.

26. Governing Law

26.1 These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Any dispute, controversy, claim, or difference arising out of or relating to these Terms of Service against or relating to Jompilih or any Indemnified Party shall be referred to and finally resolved by arbitration in Malaysia, in accordance with the Arbitration Rules of the Asian International Arbitration Centre (Malaysia) (“AIAC Rules”) in force at that time. There will be one (1) arbitrator, and the language of arbitration shall be English.

27. General Provisions

27.1 Jompilih reserves all rights not expressly granted herein.

27.2 Jompilih may modify these Terms of Service at any time by posting the revised Terms on this Site. Your continued use of this Site and/or receipt of any Services after such changes have been posted constitutes your acceptance of the revised Terms of Service.

27.3 You may not assign, sublicense, or transfer any rights granted to you hereunder or subcontract any of your obligations.

27.4 Nothing in these Terms of Service shall constitute a partnership, joint venture, or principal-agent relationship between you and Jompilih, nor does it authorize you to incur any costs or liabilities on behalf of Jompilih.

27.5 The failure of Jompilih to require performance of any provision shall not affect its right to enforce the same at a later time unless waived in writing.

27.6 These Terms of Service are for your and our benefit only and are not for the benefit of any other person or entity, except for Jompilih's affiliates and subsidiaries (and each of Jompilih's and its affiliates' and subsidiaries' respective successors and assigns).

27.7 The terms set forth in these Terms of Service and any agreements and policies referenced herein constitute the entire agreement between the parties with respect to the Services and the Site, superseding any previous agreements or understandings. The parties exclude all implied terms in fact. In entering into this agreement, the parties have not relied on any statements, representations, warranties, or assurances other than those expressly set out herein. This agreement may not be contradicted or supplemented by evidence of any prior or contemporaneous agreements.

27.8 You agree to comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and corruption, including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act, the Singapore Prevention of Corruption Act, and the Malaysian Anti-Corruption Commission Act, confirming that you have in place all necessary policies and procedures to ensure compliance.

27.9 If you have any questions or concerns about these Terms of Service or any related issues, please contact us here.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.