Terms of Use

Thank you for using JaGaApp 2.0!

We were previously known as just “JaGaApp”, especially among the 500+ neighbourhoods and 150,000+ registered users that have been using our platform since its inception back in 2015.

JaGaApp was launched in the first place to provide a holistic and integrated property management solution for residents and building management for better community living. As we strive to provide the best solutions for our users, a migration to a better platform is required – hence JaGaApp 2.0 was developed.

About JaGaApp 2.0

JaGaApp 2.0 not only retains every feature from its predecessor (JaGaApp). But also comes along with a bunch of new features. The most prominent feature would be JaGaID – invented to make visitor registration process faster, safer and more convenient! Now that whenever you need services such as air-conditioning cleaning, maid service, or even car wash, just book the services through JaGaApp 2.0 at the comfort of your home!

Enjoyed using the app? Invite your friends and families now to experience the same by downloading JaGaApp 2.0!

Terms of Use

1. INTELLECTUAL PROPERTY

• 1.1 You shall use JaGaApp 2.0 only in the manner permitted by these Terms.

• 1.2 All Intellectual Property rights including but not limited to copyright, trademarks, patents, design rights, and all other forms of intellectual property rights available, in JaGaApp 2.0 are owned by or licensed to Red Ideas and its affiliates, if any. Nothing in this term constitutes a transfer of any Intellectual Property rights.

• 1.3 Red Ideas grants you a personal, limited, non-assignable and non-exclusive license to use JaGaApp 2.0. This license is for the sole purpose of enabling you to use and enjoy the benefits of JaGaApp 2.0, in the manner permitted by these Terms. You may not copy, modify, distribute, sell or lease any part of JaGaApp 2.0, nor may you reverse engineer or attempt to extract source code of that software, unless laws prohibit those restrictions or you have our written permission to do the same.

• 1.4 Permission is granted to electronically copy and to print the terms or content of JaGaApp 2.0 purely for personal use. Any other use of materials in JaGaApp 2.0, including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance without the prior written permission of Red Ideas is strictly prohibited.

• 1.5 By uploading content to JaGaApp 2.0, you grant Red Ideas a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute and display such content for the purpose of, inter alia, providing and promoting JaGaApp 2.0.

2. ELIGIBILITY

• 2.1 To be able to access JaGaApp 2.0, you will be required to provide us with your Personal Data. In particular, you will be required to provide us with, amongst others, your name, e-mail address and/ or other contact details and/ or postal address as indicated (“Personal Data”).

• 2.2 The information or Personal Data that you provide us shall be processed in accordance with our Privacy Policy. When you use JaGaApp 2.0, 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 2.0.

• 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 2.0. You may not use JaGaApp 2.0, or any of its content, to further any commercial purpose, including but not limited to any commercial activity on your own website or otherwise.

• 2.5 You agree and undertake that you shall not:
  a. Access or use JaGaApp 2.0 for any illegal purpose or in violation on any applicable laws. You agree that you shall access and use JaGaApp 2.0 in good faith only; and/ or
  b. Attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to JaGaApp 2.0; and/ or
  c. Interfere with another user’s utilization and enjoyment of JaGaApp 2.0.

3. 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 to JaGaApp 2.0, 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 Red Ideas 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 documents and a photo of yourself for Red Ideas 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 Red Ideas 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 Red Ideas’ best interests to do so.

• 3.5 Subject to Clauses 3.1 and 3.4 above, you acknowledge that RED IDEAS may require you to submit and/ or provide your particulars, amongst others, full name as per identity document(s) and unique display name(s) for purposes of, including but not limited to, registration to features and/ or sub-features of JaGaApp 2.0 and fostering your experience in JaGaApp 2.0.

4. YOUR USE OF THE JAGAAPP 2.0

• 4.1 All material and information on JaGaApp 2.0 are intended to be used for personal, educational or informational purposes only.

• 4.2 Red Ideas provides JaGaApp 2.0 and all other applications, services and features as a medium to the users including but not limited to facilitating and ease the working flow in workplace. To the fullest extent permitted by law, Red Ideas is not and shall not be liable for any statements, representations, or content provided on JaGaApp 2.0 or any Social Sites. Any content, if displayed, is for 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 2.0 or any Social Sites and you hereby understand that by using the JaGaApp 2.0, Red Ideas shall not be liable for any such content.

• 4.4 To the maximum extent permitted by law, Red Ideas 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 but not limited to personal injury or property damage, of any kind incurred as a result of any content posted, emailed or otherwise transmitted via or on JaGaApp 2.0 or Social Sites.

• 4.5 You agree not to circumvent, disable or otherwise interfere with security-related features of JaGaApp 2.0 or features that prevent or restrict use of any content or enforce limitations on use of JaGaApp 2.0. You may not interfere with or disrupt JaGaApp 2.0, or servers or networks connected to JaGaApp 2.0, or disobey any requirements, procedures, policies or regulations of networks connected to JaGaApp 2.0, including by using any device, software or routine to bypass robot exclusion headers.

5. YOUR USE OF THE HEYJAGA

• 5.1 Red Ideas grants you a non-transferable and revocable license to use the HeyJaGa, subject to these Terms, for the purpose of purchasing the goods and/ or services available on the HeyJaGa. Any breach of these Terms shall result in the immediate revocation of the license granted herein without notice to you.

• 5.2 The availability of any services is directed solely to those who access from the cities that are listed on the HeyJaGa. Red Ideas makes no representation that the services are available or otherwise suitable for use by persons outside the listed cities. If you choose to access the HeyJaGa (including the use of the services and/ or to make any purchase) from locations outside of the listed cities, you hereby agree that you do so on your own initiative and are responsible for the consequences.

• 5.3 The goods and/ or services descriptions and/ or representations expressed on the HeyJaGa are those of the Seller and are not made by Red Ideas.

• 5.4 Red Ideas reserves the right, but shall not be obliged to:
  a. Monitor, screen or otherwise control any activity, content or material on the HeyJaGa and may in Red Idea’s sole and absolute discretion, investigate any violation of these Terms contained herein and may take any action it deems appropriate;
  b. Report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities; and/ or
  c. Request any information from you in connection with your use of the HeyJaGa at any time and to exercise the right under this provision if you refuse to divulge such information or if Red Ideas has reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information.
• 5.5 HeyJaGa provides a place and opportunity for the sale of goods and/ or services between you and the Seller (collectively “Parties”). The identity of the Seller for a particular goods and/ or services listed for sale on the HeyJaGa may be stated on the listing page of such services.

• 5.6 Where you have placed an order for the purchase of the goods and/ or services and the Seller has accepted the same, this shall constitute a contract entered into directly between you and the Seller (“Contract”), and you hereby consent and confirm to the processing of your Personal Data to the Seller. Red Ideas provides platform and facilitates the connection between you and the Seller. Red Ideas and/ or the Management Committee and Building Manager are not a party to the Contract or any other Contract between you and the Seller and accept/ assume no obligations in connection with any such Contract. The Parties to such contract, i.e. you and the Seller shall be entirely responsible for the Contract, the listing of goods and/ or services, warranty and fitness of the purchase and the like.

• 5.7 Any information made available on the HeyJaGa in connection with the supply of the goods and/ or services, including photographs, drawings, videos, data, about the extent of the delivery, appearance, performance or any information disclosed by the Seller are not binding and for information purposes only. In entering into the Contract, you acknowledge that you do not rely on and waive any claim based on any such representations or information so provided.

• 5.8 While the Seller endeavours to provide an accurate description of the goods and/ or services, neither Red Ideas nor the Seller warrants that such description if accurate, current or free from error.
• 5.9 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued on the HeyJaGa shall be subject to correction without any liability on the part of Red Ideas.
  
  5A. YOUR USE OF JAGATHER
  5A.1 RED IDEAS grants you a non-transferable and revocable license to use JaGather, one of the features within JaGaApp 2.0 (“JaGather”), subject to these Terms, our Privacy Policy and JaGather Community Guidelines, for the purposes of amongst others, purchasing/ selling/ giving away/ requesting for goods, products and/ or services available from the other Users. Any breach of these terms shall result in immediate revocation of the license granted herein without notice to you.
  
  5A.2 Representations made on the goods, products and/ or services are by the corresponding Users, and not by RED IDEAS. RED IDEAS makes no representation or warranties of any kind, express or implied, in connection with the goods, products and/ or services offered and provided by such Users.
  
  5A.3 During your use of JaGather, you may enter into correspondences or transactions, including but not limited to physical exchange of goods, products and/ or services, with the other Users who display or offer their goods, products and/ or services through JaGather. Any such correspondences, transactions, communications and/ or agreements as prescribed above are strictly between you and the applicable corresponding Users, RED IDEAS and its licensors/ affiliates shall have no liability or obligation on the same and/ or for any dispute arising therefrom.
  
  5A.4 RED IDEAS reserves all rights in its sole discretions, but shall not be obliged to:
  a. Moderate, monitor, screen and/ or otherwise control any activity, content and/ or materials in JaGather and may in its sole discretion, investigate and take action against any violation of these Terms herein;
  b. Report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities; and/ or
  c. Disregard any report(s) made by Users to RED IDEAS Internal Team in connection with JaGather due to, inter alia, spamming and violation of Terms by the complainant.
  
  5A.5 You acknowledge that you may trade, offer, sell, buy, request, give away and/ or exchange goods, products and/ or services via JaGather (“the Trade”). In such event, you acknowledge that RED IDEAS serves merely as a platform or intermediary and shall not be responsible / liable for the Trade and any disputes arising therefrom. You agree that when you use JaGather, you trade at your own risks. You shall bear all risks arising out of your use of JaGather in entering into transaction(s) with the other Users, and shall have no recourse against RED IDEAS against the same.
  
  5A.6 RED IDEAS reserves all rights in its sole discretion to facilitate or not to facilitate any payment flow between the Users for the Trade in JaGather. In the event of payment flow without RED IDEAS’ facilitation, RED IDEAS shall not be responsible to any liability arising therefrom.
  
  5A.7 You agree that JaGather strictly serves as a platform for purchasing/ selling/ giving away/ request for goods, products and/ or services among the Users of your neighborhood and not social media(s). You agree to comply with and be binding upon all terms and conditions, including but not limited to the JaGather Community Guidelines.
  
  5A.8 In the event of disputes, you agree to make attempt(s) in resolving such disputes or disagreements with the corresponding Users in amicable manner and in good faith. RED IDEAS shall neither be responsible to provide any dispute resolution mechanism for such disputes if any nor be responsible to resolve any such disputes arising therefrom.

6. YOUR FEEDBACKS 

• 6.1 You grant us a non-exclusive license to use the information that you submit to JaGaApp 2.0 and/ or provide to us, including but not limited to any questions, reviews, comments, and suggestions (“the 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 or 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.

• 6.2 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 e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of the feedbacks.

7. ORDERS AND SPECIFICATION OF THE GOODS AND/OR SERVICES 

• 7.1 You may place order(s) of the goods and/ or services by selecting category and submitting enquiries via HeyJaGa of which you shall be responsible to ensure accuracy of information submitted under the enquiries. All orders shall be subject to the Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the JaGaApp 2.0. RED IDEAS shall be entitled (but not obliged) to process such orders without further consent from you, including but not limited to:
  a. Cause you to join any virtual chatroom(s) and connect you with Concierge(s) (“Concierge”) to communicate with you for facilitation and moderation of your order/ booking;
  
  b. Allow and authorize the Concierge to collect further information from you for the order/ booking, of which you shall be responsible to ensure accuracy of such information.c. Allow and authorize the Concierge to propose to you any available Seller and quotations details (if any);d. By processing the above, the time taken for the Concierge to revert to you on available Seller and quotations details shall be subject to the Sellers’ promptitude and other factors beyond RED IDEAS’ reasonable control. RED IDEAS does not guarantee the length of time taken by the Concierge to revert to you on available Sellers and quotations details if any;e. collect advance payments from you. The order/ booking shall only be confirmed upon receipt of the advance payments;f. Upon receipt of your advance deposit payment, RED IDEAS may schedule your order/ booking with the respective available Sellers, subject to the said Sellers’ availability on first come first serve basis;g. Remind you on the scheduled goods/ services delivery date and time;h. Collect additional payment from you for the goods/ services;i. Issue invoice in physical, electronic or any other form deemed fit by RISB once the delivery of goods/services is completedj. Require you to submit for ratings and reviews of your experience via HeyJaGa; andk. Create, end and/ or close any virtual chat room(s) between you and the Concierge.

• 7.2 You acknowledge that the goods/ service delivery date and time will be scheduled based on the Sellers’ availability. RED IDEAS reserves all rights to postpone, reschedule or adjust the goods/ services delivery date due to, inter alia, traffic congestion, shortage of manpower and other unforeseen circumstances.

• 7.3 For the avoidance of doubt, RED IDEAS and/or the Seller shall be entitled to refuse or cancel any order without giving any reasons for the same to you prior to completion of the order/ booking.

8. PRICE

• 8.1 The prices of the goods and/or services shown on the HeyJaGa may not be the total and/or final price of the goods and/or services at the time which you place the order. Any additional payment of price/ fees may be incurred. If you purchase the goods and/or services that only requires partial payment such as booking fees and/or deposit, you shall pay the total and/or final price upon completion of the delivery and/or performance of the goods and/or services. You agree to be notified of any additional payment of fees/ price. In the event of discrepancies sought on the quantum of such additional fees/ price, you shall within twenty-four (24) hours upon receipt of such notification of additional payment, e-mail to RED IDEAS via partnership@jagaapp.com to raise such queries. By making payment of such additional fees/ price OR in absence of any queries submitted from your end within twenty-four (24) hours thereof, you have deemed agreed to the additional payment of fees/ price.

9. TERMS OF PAYMENT FOR THE GOODS AND/OR SERVICES

• 9.1 All payments shall be made to RED IDEAS via designated payment gateway provided by Razer Merchant Services Sdn Bhd and you acknowledge that RED IDEAS is entitled to collect payments from you on behalf of the Seller. No Cash on Delivery is acceptable/ available in HeyJaGa.

• 9.2 You acknowledge that advance payments are required by RED IDEAS to confirm your order/ booking, regardless whether such advance payments shall serve as deposits, service, labour or inspection fees to the Seller. In the event that RED IDEAS does not receive the advance payments required to confirm the order/ booking, RED IDEAS shall be entitled, at its absolute discretion, to cancel or suspend the order/ booking until such advance payments are received from you.

• 9.3 You may not claim against RED IDEAS and/or the Seller, for any failure, disruption or error in connection with the payment method/ gateway. RED IDEAS reserves the right at any time to add, modify or discontinue, temporarily or permanently, any payment method/ gateway without notice to you or giving any reason.

• 9.4 If you fail to make any payment pursuant to the terms and conditions of the payment method/ gateway elected or payment is cancelled for any reason whatsoever, without prejudice to any other right or remedy available to RED IDEAS and/or the Seller, RED IDEAS and/or the Seller shall be entitled to cancel the Contract or suspend delivery of the goods and/or services until payment is made.

• 9.5 All payments for the purchased goods and/or services must be made to RED IDEAS using the payment methods/ gateway made available on the JaGaApp 2.0 only, unless stated otherwise by RED IDEAS.

• 9.6 Termination of Contract and Refund. You understand that by making advance payments to confirm the order/ booking, a Contract is formed between you and the Seller. To terminate the Contract, you may communicate your intention for such termination to the Concierge in the designated virtual chat room(s). HeyJaGa’s policy on refund due to termination of Contract is detailed as follows:
  a. RED IDEAS’ receipt of your termination request more than two (2) working days before 6pm of the scheduled goods/ services delivery date, you may be entitled to 100% refund of all payments made for the respective Contract, subject to your submission of personal and bank details information to partnership@jagaapp.com;b. RED IDEAS’ receipt of your termination request more than one (1) working day but less than two (2) working days before 6pm of the scheduled goods/ services delivery date, you may be entitled to 50% refund of all payments made for the Contract, subject to your submission of personal and bank details information to partnership@jagaapp.com; andc. RED IDEAS’ receipt of your termination request less than one (1) working day before 6pm of the scheduled goods/ services delivery date, you shall not be entitled to any refund of payments.For the avoidance of doubt, all references to “working day” herein shall mean a day other than a Saturday, Sunday or a gazetted public holiday which is observed in Malaysia. One (1) working day in this Clause 9.6 shall mean twenty-four (24) hours of a working day.
• 9.7 Subject to investigations by RED IDEAS, the processes of any refunds may take up to thirty (30) working days from the date of receipt of the termination requests. RED IDEAS offers no guarantee of any nature for the timeliness of the refunds and the processing of payment may take time and it is subject to the payment provider internal processing timeline. All refunds are conditional upon RED IDEAS’s acceptance and RED IDEAS’ reserves the right to modify the mechanism of processing refunds at any time without notice.

• 9.8 Notwithstanding any provisions herein, all payments are subject to applicable taxes and fees if any.

10. DELIVERY AND/OR PERFORMANCE OF THE GOODS AND/OR SERVICES

• 10.1 Delivery and/or performance of the goods and/or services shall be made to the address specified in its order.

• 10.2 Any times quoted for the delivery and/or performance of the goods and/or services are approximate only and delays may occur. RED IDEAS shall not be liable for any delay in delivery and/or performance of the goods and/or services howsoever caused.

• 10.3 If the Seller failed to deliver and/or perform (ie. did not show up) in accordance with the Contract or within a reasonable time, you shall, by serving a written notice to RED IDEAS within one (1) day of the non-delivery and/or performance, be entitled to demand delivery and/or performance of the goods and/or services within a specified time and/or claim a refund. If you elect for the former and RED IDEAS and/or the Seller fails to do so within the specified time, you shall be entitled to terminate the Contract and claim a refund in respect of the non-delivery and/or performance of the goods and/or services.

11. THIRD PARTY CONTENT AND THIRD-PARTY WEBSITES

• 11.1 JaGaApp 2.0 may provide content of third parties (“Third Party Content”) including advertisement, links to the Social Sites and other third-party websites (collectively, “Third Party Websites”) as a service to those interested in this information. You agree that you may not disable or turn off the Third Party Content and the Third Party Websites. RED IDEAS 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 RED IDEAS.

• 11.2 RED IDEAS does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Websites. RED IDEAS 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 RED IDEAS 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 RED IDEAS 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 RED IDEAS.

12. SUSPENSION AND / OR TERMINATION

• 12.1 If you use the JaGaApp 2.0 and/ or HeyJaGa in contravention of these Terms, RED IDEAS may suspend your use in whole or in part.

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

• 12.3 In addition to any other legal or equitable remedies, RED IDEAS 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 2.0 and/or HeyJaGa and RED IDEAS shall immediately revoke all password(s) and account identification issued to you and deny your access to and use of the JaGaApp 2.0 and HeyJaGa. 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 RED IDEAS shall not be liable to you or to any other person as a result of any such suspension or termination.

13. RESERVATION OF RIGHTS

• 13.1 RED IDEAS reserves the rights to update, enhance, modify, discontinue or disable JaGaApp 2.0 or any part of JaGaApp 2.0 at any time, either on a permanent or temporary basis, including but not limited to introducing new feature(s) or function(s) within JaGaApp 2.0.

• 13.2 RED IDEAS reserves the right, at any time, without notice and in its discretion, to terminate, suspend or restrict your use of the JaGaApp 2.0 and to block or prevent your future access to and use of the JaGaApp 2.0.

• 13.3 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 RED IDEA’s Intellectual Property rights shall survive such termination.

• 13.4 RED IDEAS 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.

• 13.5 Unless consented, allowed and/ or approved in writing by RED IDEAS for moderations of JaGaApp 2.0 and/ or pursuant to any other terms and conditions herein, RED IDEAS shall be the sole administrator and/ or moderator of JaGaApp 2.0. RED IDEAS reserves all rights to allow or disallow external moderations of JaGaApp 2.0 or any part of JaGaApp 2.0 by, amongst others, the Joint Management Body, the Committee and/ or any third parties, on case-by-case basis. In avoidance of doubt, rights to moderations, if any, shall not be deemed as rights to modify, discontinue or disable any JaGaApp 2.0 or any part of JaGaApp 2.0, either on a permanent basis or temporary basis.

14. DISCLAIMER AND LIMITATION OF LIABILITY

• 14.1 To the extent permitted by law, RED IDEAS is providing JaGaApp 2.0 and the content 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 2.0, the information, content, materials or goods and/ or services, included on the JaGaApp 2.0. You should at all times obtain an independent verification of the information or any data posted on the JaGaApp 2.0.

• 14.2 Without prejudice to the generality of clause 8.1, RED IDEAS 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 2.0;
  b. Regarding the security of any information transmitted by you or to you through JaGaApp 2.0;
  c. JaGaApp 2.0 will be provided uninterrupted, secure or free from errors or omissions;
  d. JaGaApp 2.0 is or will be free from any computer virus, worms or other potentially malicious, destructive or corrupting computer program or file; and
  e. That the servers and/ or payments gateway 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; and

  For non-performance, error, interruption or delay in the delivery and/ or performance of goods and/ or services directly or indirectly to an event or failure which is beyond RED IDEAS’ reasonable control.

• 14.3 RED IDEAS shall not be liable for any damages of any kind arising out of or in connection with the use of JaGaApp 2.0. In no event shall RED IDEAS 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.

• 14.4 Notwithstanding any other provision of these Terms, the Seller’s maximum cumulative liability to you for all losses under, arising out of or relating to the sale of goods and/or services under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.

15. INDEMNIFICATION

• 15.1 You agree to defend, indemnify and hold harmless RED IDEAS, 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 2.0;
  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).

• 15.2 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, performace or failure of the JaGaApp 2.0), 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.

• 15.3 Further, RED IDEAS shall not be liable for any damages or claims whatsoever, relating to:
  a. Any allergies, health, medical condition suffered by you arising from unsuitable use or improper use of the goods and/ or services;
  b. Any death or personal injury due to negligent or improper handling of the goods and/ or services, due to misuse, abuse, alteration or improper repair of the goods and/ or services, due to defective installation or commissioning of the goods and/ or services;
  c. theft, burglary, product/spare part damages, losses or any unforeseeable circumstances occurring during or after the delivery of goods or services.Failure to follow proper instructions / operating manual of the goods and/ or services; and/ or
  d. Products’ defect or failure due to normal wear, misuse, abuse, modification, improper selection or misappropriation by you or third parties.

• 15.4 You must exhaust all legal avenues against any third parties should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against RED IDEAS. Any such actions brought against RED IDEAS for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by Courts of Malaysia in accordance with the laws of Malaysia.

• 15.5 This indemnification obligation shall survive the termination of these Terms and your use of the JaGaApp 2.0.

16. DATA PROTECTION

• 16.1 By submitting your Personal Data in connection with your account, you agree that RED IDEAS 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. RED IDEAS’ Privacy Policy provides further details on the manner in which RED IDEAS may collect and use Personal Data about you, including any information you supply in connection with your use of JaGaApp 2.0.

17. GOVERNING LAW

• 17.1 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 laws of Malaysia and you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

• 17.2 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.

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

18. FORCE MAJEURE

• 18.1 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 telecommunication systems; acts, decrees, legislation, regulations or restrictions of any government or public authority.

19. AMENDMENTS

• 19.1 RED IDEAS reserves all rights to amend these Terms from time to time, as the case may be.

20. SEVERABILITY

• 20.1 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 provisions was severed from these Terms. 

Last Updated: 26^th March 2024