PART 1: THE COMPANY
1. The Company, MYSERVIS INTERNATIONAL SDN BHD (“MYSERVIS”)
1.1 is a company that provides the application known as the “JOM MYSERVIS” which aims to provide seamless experience for Users to maintain their vehicles conveniently and worry-free.
1.2 MYSERVIS only allows Users to make online booking after subscription has been made in JOM MYSERVIS Application.
1.3 Users are the ones who has signed up for JOM MYSERVIS and have been accepted by MYSERVIS as such.
2. General Policies
2.1 MYSERVIS reserves the right to change, vary, modify, or amend existing terms and conditions, or to add new terms and conditions at any time as it deems fit without giving prior notice to the Users. Such changes, variation, modification, or amendment, or addition shall be effective upon a notification or an upload of the updated version of the terms and conditions in any form of platform, whether via post, electronic mail, website or otherwise.
2.2 All Users must ensure that their details are complete and correct at the point of signing up JOM MYSERVIS, and MYSERVIS is not liable for the incorrect or wrong details given.
2.3 Each User, by signing up for JOM MYSERVIS and by registering with MYSERVIS as a User, is deemed to have read, understood and expressly agreed to abide and to be bound by the Terms and
Conditions.
2.4 Any User who fails to observe the Terms and Conditions will not be entitled to plead ignorance of the Terms and Conditions.
3. User Representation
3.1 By using the JOM MYSERVIS Application, User represents and warrants that: (1) User has the legal capacity and User agrees to comply with these Terms and Conditions; (2) User is not a minor in the jurisdiction in which User reside; (3) User will not access the Application through automated or non-human means, whether through a bot, script, or otherwise; (4) User will not use the Application for any illegal or unauthorized purpose; and (5) User’s use of the Application will not violate any applicable law or regulation of any country, inclusive of
Malaysia.
3.2 If User provides any information that is untrue, inaccurate, not current, or incomplete, MYSERVIS has the right to suspend or terminate User’s account and refuse any and all current or future use of the Application (or any portion thereof).
PART 2: SUBSCRIPTION AND PAYMENT
4. Subscription
4.1 Subscription fee is paid on per car basis, which means the subscription fee is paid for one (1) car only. The User can have more than one car in JOM MYSERVIS, but the total subscription fee will be paid according to the number of cars.
4.2 Once the subscription has been made, the subscription fee is not transferable, and no refund will be allowed even though the User has not used the service provided for any reason whatsoever.
5. Payment
5.1 Any problems or difficulties in relation to the payment of the subscription fee may be directed to the Customer Help & Support page.
5.2 Users are only allowed and authorised to use credit card or third party platform to process the payment of the subscription fee as listed in the JOM MYSERVIS Application.
PART 3: BOOKING AND WORKSHOP
6. Booking
6.1 Users make online booking appointment for car service or repair on JOM MYSERVIS application upon User’s own choice, free will, acceptance, and confirmation.
6.2 MYSERVIS reserves the right to cancel User’s booking appointment if it is deemed or suspected to be scam or fraud.
6.3 Once online booking appointment is made, it is deemed to be a firm booking appointment and is not subject to change unless agreed by MYSERVIS.
7. Workshop
7.1 User’s cost of service or repair shall be paid directly to the Workshop.
7.2 MYSERVIS is not liable for any other additional services offered and agreed between the User and Workshop, other than the estimated price quoted in JOM MYSERVIS and accepted by the User upon the confirmation of the booking appointment.
7.3 MYSERVIS does not own, decide, or control, and is not part of any of the Workshop’s promotional activities. The promotion or discount given by the Workshop is at the respective Workshop’s discretion.
7.4 The cost of service or repair provided in JOM MYSERVIS is an estimation and may vary according to the condition of the car. It is NOT a guaranteed cost.
7.5 MYSERVIS is NOT liable for any damages made to the car during the period the car is placed at the workshop.
7.6 All Workshops listed in JOM MYSERVIS Application has a contractual service agreement with MYSERVIS and all Workshops are also bound by the MYSERVIS Terms and Conditions.
7.7 All Workshops listed in JOM MYSERVIS Application are MYSERVIS independent contractors, and not MYSERVIS agents and MYSERVIS is not liable for any of the Workshops’ wrongdoing, negligent act, omissions and/or failure.
PART 4: DISPUTES AND LANGUAGE
8. Disputes
8.1 The parties agree and consent to the exclusive jurisdiction and venue before the courts of Malaysia and the governing law will be the laws of Malaysia, for the purposes of seeking equitable relief.
9. Language
9.1 For official interpretation purposes, and in case of any discrepancy, the English language version will be used.
9.2 In case of any inconsistency in any literature produced by MYSERVIS, the English version shall prevail.
PART 5: DATA PROTECTION
10. Data Protection
10.1 Users give consent to MYSERVIS to process the personal data contained in this application or agreement and to transfer the personal data, together with any information in the JOM MYSERVIS account (“Personal Data), to any of MYSERVIS worldwide subsidiaries and affiliated companies, and to other third party for the sole purpose of administering the booking, scheduling, appointment and payment of the car service and car repair and providing reports relating to the booking, payment and User’s account. Users understand that this transfer of information may be made without a level of legal protection of privacy equivalent to that provided in my home country. The parties agree that this obligation survives the termination of the Terms and Conditions.
PART 6: INTELLECTUAL PROPERTY RIGHTS
11. Intellectual Property Rights
11.1 Unless otherwise indicated, the JOM MYSERVIS Application is MYSERVIS’ proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by MYSERVIS or licensed to MYSERVIS, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Malaysia, international copyright laws, and international conventions. The Content and the Marks are provided on the Application for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without MYSERVIS’ express prior written permission.
PART 7: GENERAL PROVISIONS
12. Limitation of Liability and Indemnification
12.1 MYSERVIS, its directors, managers, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”) shall not be liable to User or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the application.
12.2 User agree to defend, indemnify and hold MYSERVIS harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) use of the Application; (2) breach of these Terms and Conditions; (3) your violation of the rights of a third party, including but not limited to intellectual property rights; or (4) any overt harmful act toward any other user of the Application with whom you connected via the Application. Notwithstanding the foregoing, MYSERVIS reserves the right, at User’s expense, to assume the exclusive defence and control of any matter for which User is required to indemnity MYSERVIS, and User agrees to cooperate, at User’s expense, with MYSERVIS’ defence of such claims. MYSERVIS will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
13. Non-Assignment
13.1 Users shall not assign its rights or obligation under this Terms and Condition without the prior written consent of MYSERVIS.
14. Non-Waiver
14.1 No provision of this Terms and Condition shall be deemed to be waived and no breach excused unless such waiver or consent shall be made in writing and signed by MYSERVIS which is claimed to have waived or consented. No waiver of any provision or breach of this Terms and Condition at any one instance shall be held to be a waiver of any other provisions or any other instance.
15. Severability
15.1 If any provision of this Terms and Condition or part thereof is rendered void, illegal or unenforceable by any legislation or provision of law to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and it shall in no way affect or prejudice the enforceability of the remainder of such provision or the other provisions of this Terms and Condition.
16. FORCE MAJEURE
16.1 MYSERVIS shall not be in breach of its obligations under the Terms and Condition or any part thereof as a result of an occurrence of an event of Force Majeure. The performance of any obligation or obligations suspended while Force Majeure is operative shall be resumed as soon as such Force Majeure event ceases. Any loss or damage or delays in, or failure of performance by either party hereto shall not give rise to any claims for damages or loss of anticipated profits, if and to the extent that such loss, damage, delay or failure is caused by Force Majeure.
