3. The latest version of these Terms and Conditions are available on our website www.janieandjoe.com
4. Janie & Joe reserves the right to amend or alter these Terms and Conditions with or without prior notice, and to terminate any of the rights granted by these Terms and Conditions with or without prior notice.
5. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between Janie & Joe and you. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
6. Customers and users of the Website may be required to register on the Website in order to be able to use and enjoy some of the services provided on the Website and by Janie & Joe.
7. Registration on the Website and Account Information- You may choose to register yourself and open an account for transactions on the Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. You agree not to transfer, subcontract, pledge or dispose of your account. Janie & Joe reserves the right to refuse service and/or terminate your account(s) without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Janie & Joe's best interests to do so.
8. Amending Registered and Account Information- You are responsible for updating and amending any changes to information on your account. Janie & Joe is not responsible for any losses that may be incurred due to your failure to update and amend any changes to information on your account.
9. Purchase and/or Transaction Related Policies- The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. For additional policies related to orders placed through the Website (such as order processing, shipping and handling, returns and exchanges, refund policies), please refer to the relevant parts and/or sections of the Website.
10. Accuracy of Information- Janie & Joe makes every reasonable attempt to be as accurate as possible when describing our products on the Website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, photos, pictures, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. Information provided on the Website is for educational and informational purposes only. Even if the information published on the Website is meant to be accurate, it is not intended to substitute professional medical advice. Please consult your physician or local medical facility for information specific to your individual needs. Janie & Joe does not take responsibility for any consequence relating directly or indirectly to any information, recommendations, treatment, procedure, action or application of medicine by any person using the Website. The information contained here is offered without any warranty and it is not liable for its accuracy, mistakes, or for any damage caused by user's reliance on information obtained from the Website.
11. Intellectual Property- All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Janie & Joe, our affiliates, suppliers, principals, partners or licensors, and is protected by international copyright laws. The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of Janie & Joe, our affiliates, suppliers, principals, partners or licensors, in Malaysia and other countries, and are protected by international trademark laws. Neither the Content or the Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
13. Disclaimers- Janie & Joe will not be responsible or liable for any damage caused by interruptions to the Website, delay, suspension, or loss of data due to connection or computer or server or infrastructure failure, unauthorised access to data, or any other damages suffered by you in connection with use of services provided by Janie & Joe on the Website. Janie & Joe does not warrant that the contents of electronic mail from the Website, the server, or domain groups are free of computer viruses or malware or other damaging elements. Janie & Joe will not be responsible for the consequences of any information or any suggestions or any submissions that may be provided by you to Janie & Joe.
14. Third Party Links- Janie & Joe are not responsible for the content of any off-website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
15. Representations and Warranties; Limitation of Liability-
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED RINGGIT (MYR100.00).
16. Indemnification- You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
17. Governing Law- These Terms and Conditions are governed by and interpreted in accordance with the laws of Malaysia.
18. These Terms and Conditions were last updated on 7/03/2018