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ESSENTIAL INFORMATION

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE i-HARGA.COM WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND i-HARGA SERVICE SDN BHD (HEREAFTER 'i-HARGA'). BY ACCESSING ANY SERVICE OR PART THEREOF UNDER THE i-HARGA DOMAIN, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. i-HARGA RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES.

OWNERSHIP

This Site is owned and operated by SOJO TECHNOLOGY SDN BHD. All information and images on this web site are owned by SOJO or its partners / contributors and are protected by International copyright laws and international treaty provisions. SOJO retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from SOJO, if you fail to comply with any provision of this agreement. Upon termination, you must delete and destroy all materials obtained from this site, copies, and related documentation thereof. In addition, SOJO reserves the right to terminate this site without notice.

AUTHORIZED USE

Any Content received by you from this Site, including, without limitation, any data, info, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the 'Content') is licensed to you by SOJO. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the SOJO End User License Agreement (EULA) and any relevant Licensing Agreements.

LINKS TO THIRD PARTY SITES

SOJO provides links to third-party sites as a convenience to you. SOJO does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by SOJO of such sites. SOJO is not responsible for the content of any linked sites.

LIMITED WARRANTY

SOJO represents that it has the right to enter into this Agreement and has the right to grant this License under these terms. 

SOJO warrants that the Content will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it.  

EXCEPT AS PROVIDED ABOVE, THE CONTENT, ARE PROVIDED 'AS IS' 'AS AVAILABLE' AND 'WITH ALL FAULTS' BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOJO DOES NOT WARRANT THAT THE CONTENT AND SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. SOJO HAS NOTHING TO DO WITH YOUR BUSINESS INCOME AND WILL NOT BE RESPONSIBLE FOR ANY OF YOUR LOSSES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND SITE ARE WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT SOJO OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.     

YOU REPRESENT, WARRANT AND COVENANT THAT:

You are at least 16 (if You are residing in Malaysia) / 18 years of age (if You reside everywhere else aside from Malaysia) and have the right to enter into this Agreement;

  • You will not use the Content in any way that is not permitted by this Agreement, EULA or any other relevant licensing agreements;
  • Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
  • The information you provide to SOJO is accurate and true, including without limitation all credit card information;
  • You agree that all passwords to your SOJO account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to 
    • terminate this Agreement immediately with notice to you
    • retain all unpaid payments pursuant to this Agreement and
    • seek any legal or equitable remedies

INCORRECT PRICING AND INFORMATION

SOJO has used reasonable effort to ensure that the pricing and information stated in the Site are accurate, however there are possibilities due to genuine error that the Content's information is incorrect or the Content is priced wrongly, in such situation SOJO has the right to cancel the transaction and refund the payment, if the transaction has been made.

LIMITATION OF REMEDIES

Cancellation / Expiration: In the event this Agreement is not terminated but the subscription period has been cancelled or has expired, you may not continue to use the Website /App that you have downloaded as of the date of cancellation or expiration.

No Monetary Damages: Under no circumstances whatsoever will SOJO be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, general, punitive, incidental or consequential damages arising out of the use or inability to use the Content even if SOJO or a distributor authorized by SOJO has been advised of the possibility of such damages, or for any claim by any other party. 

INDEMNIFICATION

You agree to fully defend and indemnify SOJO, its employees, directors, and officers, and anyone else associated with SOJO, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising from the breach of the warranty above or these Terms.

USAGE

SOJO reserves the right to change and amend the prices of any subscription package and download sizes without prior notice to you. However, SOJO will always endeavour to notify you of any impending price changes. 

  • SUBSCRIPTION PLANS
    • There shall be no extension of subscription period if you fail to download any Content due to Internet connectivity problems. SOJO will fully reimburse the 'lost days' only if the SOJO server is inaccessible worldwide (i.e. system down) for a continuous duration of 1 week or more.
    • Subscription Content will no longer be available once the subscription period ends.
    • Auto Renewal subscription plans will be automatically renewed 3 days before it expires. You can cancel Auto Renewal at any time on our site (go to 'My Account' and update 'My Purchased Plan') or by contacting our support team.

NO WAIVER

Failure by SOJO to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

REFUND POLICY

All transactions made in SOJO website or application platform are NON-REFUNDABLE. 

JURISDICTION

The establishment, effectiveness, interpretation and execution of this Agreement shall all be governed by the law of Malaysia, subject to its jurisdiction, and without regard to the conflict of laws principles.

All disputes arising in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree to submit the dispute to Malayisa International Arbitration Centre for arbitration in Malaysia which shall be conducted in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.

  • You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to SOJO such that damages and remedies under Malaysian Law for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of Malaysia, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.

LEGAL FEES

If SOJO is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse SOJO for its legal fees, costs and disbursements if SOJO is successful.

ASSIGNABILITY

You may not assign or transfer to anyone the rights granted to you in this Agreement, without SOJO’s prior written consent.

ENTIRE CONTRACT

You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and SOJO, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and SOJO relating to the subject of this agreement. The explanations to FAQ's and other explanations and content provided in SOJO website are for your information only and are not, and shall not be construed as, part of this agreement.

SEVERABILITY

Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions.

PRIVACY POLICY

We only use your information as described in the Privacy Policy which is incorporated into these Terms and Conditions by reference.

You further agree that by your continued use of the site, you agree to the terms of our Terms of Use and Privacy Policy. If you do not agree to your information being used in the manner stated in our Privacy Policy, please cease from using the service(s) provided by SOJO.

PROMOTIONAL LOGO

Your continued use of the Content, services and/or Sites implies your full consent to SOJO's use of your corporate / business identity logos for promotional purposes of SOJO without the need for payment of any consideration thereof.

Privacy Notice

What does this policy cover?

This policy describes how SOJO TECHNOLOGY SDN BHD and other companies in our group (also referred to as ' SOJO', 'we' or 'us') will make use of your data to purchase services from our website.  

It also describes your data protection rights, including a right to object to some of the processing which SOJO carries out. 

Summary of how we use your data

SOJO uses your personal data to manage your relationship with us, allow you to purchase services from us, deal with invoicing and ensure that we can communicate with you efficiently.

Data is shared with other members of the SOJO group of companies and third party agents who assist us with the sale and provision of our services.

Where we rely on your consent, such as for direct marketing, you can withdraw this consent at any time.

What information do we collect? 

We collect and process personal data about you when you interact with us in app and our websites, and when you purchase services from us. This includes:

  • your name
  • your email address
  • your phone number
  • your address
  • your payment details (including your billing address or PayPal account or bank details, as appropriate)
  • information related to the browser or device you use to access our website;

How do we use this information, and what is the legal basis for this use? 

We process this personal data for the following purposes:

  • To fulfil a contract, or take steps linked to a contract: this is relevant where you make a purchase from us. This includes:
    • verifying your identity;
    • taking payments;
    • communicating with you;
    • providing customer services and arranging the delivery or other provision of services;
  • Where we have a legitimate interest. This includes:
    • providing an enhanced online user experience such as 'likebox'.
    • to conduct research, analysis and analytics.
  • Where you give us consent:
    • we will send you direct marketing in relation to our relevant products and services, or other products and services provided by us, our affiliates and carefully selected partners.
    • we place cookies and use similar technologies in accordance with our Cookies Policy and the information provided to you when those technologies are used
    • on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.

Withdrawing consent or otherwise objecting to direct marketing

Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests.  You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting us using the details set out below.

What rights do I have?

You have the right to ask us for a copy of your personal data; to correct, delete or restrict (stop any active) processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this data to another controller.

In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don't have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing). 

These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. 

To exercise any of these rights, you can get in touch with us - or our data protection officer - using the details set out below. If you have unresolved concerns, you have the right to complain to an Malaysian  data protection authority where you live, work or where you believe a breach may have occurred. 

How do I get in touch with you?

We hope that we can satisfy queries you may have about the way we process your data. If you have any concerns about how we process your data, or would like to opt out of direct marketing, you can get in touch at sojo.technology@gmail.com

Which SOJO entity is my data controller, and which affiliates might my data be shared with?

The data controller for your information is SOJO TECHNOLOGY SDN BHD.  Your personal data may be shared with other members of our group and certain third party agents.  

How long will you retain my data?

Where we process registration data, we do this for as long as you are an active user of our sites and for 12 months after this.

Where we process personal data for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data so that we can respect your request in future.

Where we process personal data in connection with performing a contract, we keep the transactional data for six years from your last interaction with us (or such longer period as may be required by law).