These terms and conditions (these ‘Terms’) set out the Terms and conditions of use of the Jiaroo App (the ‘Jiaroo App’) and form a contract between the User and Jiaroo under which:
Jiaroo (and ‘we’, ‘us’, ‘our’, etc.) means Silverstreet Malaysia Sdn Bhd (reg’d no 894055K) of 806, 8th Floor, Wisma Lim Foo Yong, 86 Jalan Raja Chulan, 50200 Kuala Lumpur trading as Jiaroo and
User (and ‘you’, ‘your’, etc.) means you as an individual or, if you are using the Jiaroo App on behalf of an entity, that entity
Jiaroo is an independent mobile application service operated by Silverstreet Malaysia Sdn Bhd (reg’d no 894055K). The use of Jiaroo is subject to the terms and conditions (“T&C”) provided herein. You acknowledge that you have read and fully understood these Terms and Conditions. Your use of the Jiaroo Service, upon Activation, constitutes unconditional acceptance of these Terms and Conditions (as may be amended from time to time). You must ensure that any person you allow to use the Service complies with these Terms and Conditions.
Information security and protection
Jiaroo is not responsible in the case of any claim by you or any other person that a third party, whether known to you or that other person (such as a family member, work colleague or friend) or not known to you or that other person (such as someone who has stolen your mobile telephone or other device to which you have downloaded the Jiaroo App) has carried out an unauthorized transaction using the Jiaroo App.
You must ensure that the mobile telephone or other device to which you download the Jiaroo App is adequately protected, for example, by a PIN code or fingerprint security so that a third party cannot open the Jiaroo App and/or any message sent to you.
License to use the Jiaroo App
We and/or our licensors own the intellectual property rights in the Jiaroo App and material on, or displayed by, it. Subject to the license below, we reserve all these intellectual property rights.
You must not enter a mobile telephone number into the Jiaroo App during registration unless the relevant mobile telephone is in your possession and you are legally entitled to use it and to receive voice calls and text messages on it.
You must take reasonable care and not sending any abuse, illegal, and spam content from the Jiaroo App.
You must not use the Jiaroo App in any way that causes, or may cause, damage to it or impair its availability or accessibility to other users or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Jiaroo App.
You must make sure your mobile phone has internet coverage or WiFi connection for using the Jiaroo App.
Local Telco charges may apply for every SMS and voice call service which is not liable by Jiaroo App.
The Jiaroo App is provided “as is” without any representations or warranties, express or implied. Jiaroo makes no representations or warranties in relation to the Jiaroo App or the service provided by the Jiaroo App.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
the Jiaroo App will be constantly available, or available at all or
the information sent to you on the Jiaroo App is complete, true, accurate or non-misleading.
Disclaimer of liability
Jiaroo will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to your use of, or your failure to use, the Jiaroo App for any loss whatsoever, including but not limited to, direct loss, indirect loss, and/or special or consequential loss and/or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if we have been expressly advised of the potential loss.
Nothing in the Jiaroo App disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Jiaroo App disclaimer will exclude or limit Jiaroo’s liability in respect of any:
death or personal injury caused by our negligence
fraud or fraudulent misrepresentation on our part or
matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, our liability.
By using the Jiaroo App, you agree that the exclusions and limitations of liability set out in the Jiaroo App disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Jiaroo App.
You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with Jiaroo App.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Jiaroo App disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us.
You may choose to pay for the Jiaroo App by Ipay88 and Paypal (multi-currency) “Card” gateway payment method.
In the event, payment is made via Card, you will need to register a valid Card which belongs to you in accordance with the instructions Jiaroo App Account holder name.
Jiaroo App reserves the right to suspend the process of any transaction, disable or limit the use of the Card in the event of any error in transaction which results in decline or charge back from the financial institution or where Jiaroo App reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believe you have breached the Terms and condition.
You shall be responsible to resolve any disputes with your Card company if any fraudulent case is detected.
Jiaroo App shall offer a full refund within three (3) days from the day of subscription.
Registered Cardholder must submit a refund request to firstname.lastname@example.org stating the refund reason, Jiaroo Tax Invoice No. and Ipay 88 transaction details as a reference.
Jiaroo App customer care will process an eligible refund to the registered cardholder within 14 business days from the refund request is received.
No refund will be provided if the refund request exceeds three (3) days from the day of subscription.
Jiaroo App Customer will not be entitled to a refund if there is a breach in Terms and conditions.
Silverstreet Malaysia Sdn Bhd
809, 8th Floor, Wisma Lim Foo Yong,
No.86, Jalan Raja Chulan,
50200 Kuala Lumpur.
Tel : +63 20144 3340
If any provision of the Jiaroo App disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforce-ability of the other provisions of the Jiaroo App disclaimer.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
Breaches of these Terms
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Jiaroo App and/or bringing court proceedings against you.
We may revise these Terms from time-to-time. Revised terms will apply to the use of the Jiaroo App from the date we notify you of the revised terms.
Survival of terms
Notwithstanding the termination of these Terms by you or by us (as described above), the provisions of these Terms relating to disclaimer of liability survive such termination in relation to anything that:
occurred or may have occurred before such termination but is prohibited by these Terms and/or
should have occurred before such termination because of an obligation under these Terms but did not occur, shall survive such termination of these Terms
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms constitute the entire agreement between you and us in relation to your use of the Jiaroo App, and supersede all previous agreements in respect of your use of the Jiaroo App.
Law and jurisdiction
These Terms will be governed by and construed in accordance with the law of Malaysia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Malaysia.