Terms of Use - Guard App

These are the terms of use (the “Terms”) for your use of JaGaApp Guard (“JaGaApp Guard”) owned, controlled and managed by RED IDEAS SDN BHD (Comp Registration No.: 201301019072/ 1048902-M) and INTELLECTUAL PROPERTY REGISTER PTE LTD (Comp Registration No.: 201437953N) (collectively referred to as “RISB”).
These Terms govern your use of JaGaApp Guard and your conduct, regardless of the means of access.
We may engage with you on third party sites including social media webpages where we post content or invite your feedback, such as Facebook, Instagram, Linkedin (“Social Sites”). RISB does not control those Social Sites and these Terms do not apply to companies that RISB does not own or control. You should always check the terms of use posted on Social Sites and/ or in JaGaApp Guard.
Please read these Terms, our Privacy Policy and End User License Agreement (“EULA”) carefully before accessing or using JaGaApp Guard. If you have any questions in relation to the use of JaGaApp Guard, please refer to our Frequently Asked Questions (“FAQ”) or contact us at hello@jagaapp.com.
By using JaGaApp Guard, you agree to these Terms, the provisions of our Privacy Policy, our EULA and the FAQ. RISB reserves the right to change or modify any of the terms and conditions contained in these Terms, our Privacy Policy, our EULA and our FAQ from time to time at any time by giving you notice via JaGaApp Guard. Any changes or modifications to these Terms, Privacy Policy, EULA or FAQ will be posted on JaGaApp Guard and will immediately take effect on the date of such posting. Your continued use of JaGaApp Guard following posting of any changes or modifications constitutes your acceptance of such changes or modifications. If you do not agree with the terms or its changes or modifications you must immediately cease using JaGaApp Guard. For this reason, you should frequently review these Terms of Use, our Privacy Policy, our EULA, FAQ and any other applicable policies.

1.0 INTELLECTUAL PROPERTY

1.1 You shall use JaGaApp Guard only in the manner permitted by these Terms.

1.2 All intellectual Property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) in JaGaApp Guard are owned by or licensed to RISB and its affiliates. Nothing in this term constitutes a transfer of any Intellectual Property rights.

1.3 RISB grants you a personal, limited, non-assignable and non-exclusive license to use JaGaApp Guard. This license is for the sole purpose of enabling you to use and enjoy the benefit of JaGaApp Guard in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of JaGaApp Guard, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

1.4 Permission is granted electronically copy and to print the terms or content of JaGaApp Guard purely for personal use. Any other use of materials on JaGaApp Guard including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance without the prior written permission of RISB is strictly prohibited.

2.0 ELIGIBILITY

2.1 To be able to access JaGaApp Guard, you will be required to provide us with your Personal Data, including but not limited to your name, email address and/or other contact details and/or postal address as indicated and required.

2.2 The information or Personal Data that you provide us shall be processed in accordance with our Privacy Policy. When you use JaGaApp Guard, you agree to the processing of your Personal Data, and you confirm that all Personal Data provided by you are true and accurate.

2.3 Please note that if you do not provide us with the basic information we need, you might not be able to access and/or use JaGaApp Guard.

2.4 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained within, on or via JaGaApp Guard. You may not use JaGaApp Guard, or any of its content, to further any commercial purpose, including, without limitation, any commercial activity on your own website or otherwise.

2.5 You agree and undertake that you shall not:

a. Access or use JaGaApp Guard for any illegal purpose or in violation of any applicable laws. You agree that you shall access and use JaGaApp Guard in good faith; or

b. Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to JaGaApp Guard; or

c. Interfere with another user’s utilization and enjoyment of JaGaApp Guard.

3.0 YOUR ACCOUNT

3.1 You agree that you shall only submit or provide your Personal Data which is accurate and true, and that you will keep the Personal Data provided up-to-date.

3.2 Upon signing up, you will need a password for your account. You are responsible for ensuring your account details including your password remain confidential, current, complete and accurate. You are responsible for all activities that occur under your account and/or password as if such activities were carried out by you. You shall notify RISB immediately if you become aware of or have reason for suspecting that the confidentiality of your account details including your password has been compromised or if there has been any unauthorised use of your account or if your Personal Data requires updating.

3.3 Once an account has been created, you may choose to verify your account or otherwise. To have a verified account, you have to upload and submit your personal identification document and a photo of yourself for RISB to verify and approve. You hereby confirm that the information provided herein is accurate, correct and complete and that the documents submitted along with this are genuine.

3.4 RISB reserves the right to suspend or terminate your account without prior notice for any reason including if these Terms are violated or if it is in RISB’s best interests to do so.

4.0 YOUR USE OF THE JAGAAPP GUARD

4.1 All material and information on JaGaApp

4.2 Guard is intended to be used for personal educational or informational purposes only.
RISB provides JaGaApp Guard and all other applications, services and features as a medium to the user including but not limited to facilitating and ease the registration process of yourself prior to visiting other community premises. To the fullest extent permitted by law, RISB is not and shall not be liable for any statements, representations, or content provided on JaGaApp Guard or any Social Sites. Any content, if displayed, is displayed informational and entertainment purposes only.

4.3 More generally, we cannot guarantee the accuracy, integrity or quality of any content posted via or on JaGaApp Guard or any Social Sites and you hereby understand that by using the JaGaApp Guard, RISB shall not be liable for any such content.

4.4 To the maximum extent permitted by law, RISB shall not be liable in any way for any content, including, but not limited to, for:

a. any errors or omissions in any content; or

b. any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of any content posted, emailed or otherwise transmitted via or on JaGaApp Guard and/ or Social Sites.

4.5 You agree not to circumvent, disable or otherwise interfere with security-related features of JaGaApp Guard or features that prevent or restrict use of any content or enforce limitations on use of JaGaApp Guard. You may not interfere with or disrupt JaGaApp Guard, or servers or networks connected to JaGaApp Guard, or disobey any requirements, procedures, policies or regulations of networks connected to JaGaApp Guard, including by using any device, software or routine to bypass robot exclusion headers.

5.0 YOUR FEEDBACKS

5.1 Guard and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “feedbacks”). We shall remove or edit any content that is obscene, indecent, violent, offensive, defamatory, illegal, threatening to public health and safety, infringing Intellectual Property rights, invading privacy or anything that violates the regulations of the Malaysian Communications and Multimedia Content Code. The content must not contain viruses, consist of mass mailings or “spam”. When you post comments or reviews, you also grant us, our affiliates, subsidiaries, agents and distributors the right to use, copy, display, adapt, transmit, distribute, publish and promote the said feedbacks in any medium for marketing and promotion purposes or otherwise for any other purpose.

5.2 You further represent and warrant that the feedbacks that you post is owned by you or you control all the rights to the content that you post, that the content is accurate and will not cause injury to any person or entity. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of the feedbacks.

6.0 THIRD PARTY CONTENT AND THIRD PARTY WEBSITES

6.1 JaGaApp Guard may provide content of third parties (“Third Party Content”) including links to the Social Sites and other third-party websites (collectively. “Third Party Websites”) as a service to those interested in this information. RISB does not monitor, approve or have any control over any Social Sites or Third Party Content and the inclusion of Third Party Content including the Third Party Websites does not imply any association or relationship with RISB.

6.2 RISB does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Websites. RISB is not responsible for updating or reviewing Third Party Content or Third Party Websites. You use Third Party Content and Third Party Websites at your own risk. You acknowledge and agree that RISB is not responsible or liable for any content, advertising, products, or other materials on or available from any Third Party Websites or the availability of any content on the linked sites. You further acknowledge and agree that RISB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Third Party Websites. Note that the Third Party Content including comments from third party users submitted do not reflect the views of RISB.

7.0 SUSPENSION AND/OR TERMINATION

7.1 If you use the JaGaApp Guard in contravention of these Terms, RISB may suspend your use in whole or in part.

7.2 Upon suspension of usage, RISB may refuse to restore your access until we receive an assurance from you, in the format that RISB deemed acceptable that there will be no further breach of the provisions of these Terms.

7.3 In addition to any other legal or equitable remedies, RISB may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms Upon any termination of these Terms, you shall immediately cease all access to and use of the JaGaApp Guard and RISB shall immediately revoke all password(s) and account identification issued to you and deny your access to and use of the JaGaApp Guard. Any termination of this shall not affect the respective rights and obligations (including without limitation, payment obligations) of the Parties arising before the date of termination. Further to that, you agree that RISB shall not be liable to you or to any other person as a result of any such suspension or termination.

8.0 RESERVATION OF RIGHTS

8.1 RISB reserves the right to modify, discontinue or disable JaGaApp Guard or any part of JaGaApp Guard at any time, either on a permanent or temporary basis.

8.2 RISB reserves the right, at any time, without notice and in its discretion, to terminate, suspend or restrict your use of the JaGaApp Guard and to block or prevent your future access to and use of the JaGaApp Guard.

8.3 All provisions of these Terms that expressly survive termination or by their nature are intended to survive termination including disclaimers and limitations of liability, all disclaimers of representations, warranties and conditions, and all statements recognizing RISB’S Intellectual Property rights shall survive such termination.

8.4 RISB may access, preserve and disclose your Personal Data, including if required to do so by law 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;

c. respond to your requests for customer service or otherwise communicate with you; or

d. verify and process your Personal Data.

9.0 DISCLAIMER AND LIMITATION OF LIABILITY

9.1 To the extent permitted by law, RISB is providing JaGaApp Guard and the contents on an “as is” and “as available basis and makes no representations, conditions or warranties of any kind, express or implied, with respect to the operation of the JaGaApp Guard, the information, content, materials or services, included on the JaGaApp Guard. You should at all times obtain an independent verification of the information or any data posted on the JaGaApp Guard.

9.2 RISB does not make any representation or warranty:

a. regarding the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in JaGaApp Guard;

b. regarding the security of any information transmitted by you or to you through JaGaApp Guard;

c. JaGaApp Guard will be provided uninterrupted, secure or free from errors or omissions;

d. JaGaApp Guard are or will be free from any computer virus, worms or other potentially malicious, destructive or corrupting computer program or file; and/ or

e. that the servers 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.

9.3 RISB shall not be liable for any damages of any kind arising out of or in connection with the use of JaGaApp Guard. In no event shall RISB be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

10.0 INDEMNIFICATION

10.1 You agree to defend, indemnify and hold harmless RISB, its officers, directors, agents, subsidiaries, employees and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind, including reasonable legal fees, arising out of:

a. your use of and access to the JaGaApp Guard

b. your violation of any of these Terms;

c. your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right).

10.2 We are not liable for any claims including third parties for direct, indirect, special consequential, punitive or incidental (including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of reputation, loss of privacy, loss of data or the cost of procurement of substitute products arising out of or from use, inability to use, performance or failure of the JaGaApp Guard), that arise out of or relating to any goods and/or services, regardless such damages are foreseeable or arise in contract, tort, equity, restitution, statute or common law.

10.3 Further, RISB shall not be liable for any damages or claims whatsoever, relating to:

a. any death or personal injury due to negligent or improper handling of services;

b. failure to follow proper instructions/ operating manual of services, or

c. product defect or failure due to normal wear, misuse, abuse, modification, improper selection or misappropriation by you or third parties.

10.4 This indemnification obligation shall survive the termination of these Terms and your use of the
JaGaApp Guard.

11.0 DATA PROTECTION

11.1 By submitting your Personal Data in connection with your account, you agree that RISB may use your email address to contact you, including the newsletters, updates, or for other administrative purposes and for any other purpose permitted or required by law. RISB’s Privacy Policy provides further detail on the manner in which RISB may collect and use Personal Data about you, including any information you supply in connection with your use of JaGaApp Guard, participation in the community.

12.0 GOVERNING LAW

12.1 These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of Malaysia and you hereby agree to submit to the jurisdiction of the Courts of Malaysia and/or Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur.

12.2 You agree that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

12.3 Notwithstanding the foregoing, RISB reserves the right to pursue the protection of Intellectual Property rights and confidential information through injunctive or other equitable relief through the courts.

13.0 FORCE MAJEURE

13.1 Transmissions over the Internet and electronic mail may be subject to interruption, blackout or delays due to internet traffic, or incorrect data transmission due to the public nature of the Internet. We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume when caused by events that are beyond our reasonable control (“Force Majeure Events”). Force Majeure Events shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, strike, lockout or other forms of protest; civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic or any other natural disaster, inability to use public or private telecommunications systems; acts, decrees, legislation, regulations or restrictions of any government or public authority.

14.0 SEVERABILITY

14.1 If at any time any clause or provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, it shall be severed or modified to the extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause or provision shall be deemed deleted. The legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired by any such modification or severance, and shall continue in force as if such illegal, invalid or unenforceable clause or provision was severed from these Terms.

Last Updated: 27th September 2022