INTRODUCTION : Just Find is a commercial trade name and product that is run , operated and created by the parent company, Pandit Sdn Bhd, a company incorporated under the Companies Act, 1956 and having its registered office at KL Eco City, Jalan Bangsar, Kuala Lumpur (“Just Find”). Just Find carries on the business of providing information about Vendors (defined hereinafter) of various products and services (“Information”) in selected towns and cities in Malaysia (“Service”) to end users. The Services (defined hereinafter) of ‘Just Find’ is provided by Pandit Sdn Bhd, Just Find provides Users (defined below) with its search service with information and user reviews for Just Find database of local business, products and services across Malaysia. Just Find search service is available to Users through multiple platform viz. Internet, mobile internet, telephone (voice, text & SMS). Just Find is merely a medium which connects general public with vendor’s goods and services (“Vendors”) listed on Just Find however at the same time it does not intend to guarantee any business to such Vendors. The Vendor details are specified at Page 1 of the contract, Vendors are hereinafter referred to as (“Advertiser”). Just Find’s objective is to provide a quicker guide for up-to-date Information in a user friendly manner and via a medium that the end user is comfortable with. The end users of the Service are persons or commercial and non commercial entities who may want to purchase goods / avail services and are seeking information about the Vendors of such goods and services (“Users”). These Terms (defined below) read with the registration form (“Registration Form”) mentioned in Clause 11 constitute the entire understanding and Contract (“Contract”) between Just Find and the Advertiser.
(a) Contract means this Contract together with all Schedules, Annexures and Addendums (if any);
(b) References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;
(c) The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses;
(d) The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits;
(e) Any grammatical form of a defined term herein shall have the same meaning as that of such term; and The words “including” and “includes” herein shall always mean “including, without limitation” and “includes, without limitation”, respectively
In consideration of Pandit Sdn Bhd agreeing to publish and advertise the advertisement for the Advertiser in Just Find, Advertiser hereby covenants to undertake and agree to be bound by the following terms and conditions.
Advertisers may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. Just Find will provide only the Information about the Advertiser to the Users in the manner provided for in these Terms. Advertiser agrees and acknowledges that Just Find does not guarantee any business to the Advertiser and is merely a medium through which information is made available to the general public.
4) ADVERTISER LISTINGS
a. The advertising listings uploaded in Just Find shall comply with Just Find policies and relevant law of Malaysia.
b. The Information listed in Just Find will be as provided in the Registration Form by the Advertiser.
c. Photo or image is dependent upon the quality of the original supplied photo or image. Small or fine text especially used as reverses or colour text may not always be legible when the same has been uploaded in Just Find.
d. Just Find reserves the rights to remove the advertising item at any time if Just Find is of the view of such advertising item contravene with Just Find policies and relevant governing law in Malaysia.
e. Just Find reserves the rights to change the aforesaid Registration Form, Advertising Listing/Category options by adding new listings/categories or deleting the existing listings/categories or adding, deleting, modifying or merging any categories or keywords. In the event the listing applied for in the Registration Form is no longer available, Just Find shall endeavour to allot similar Listing/Category to the Advertiser. The final decision making power with regard to Listing/Category shall however vest in Just Find and such decision shall be final and binding on the Advertiser.
5) GENERAL TERMS :
These Terms of Service, including any Annexures and Addendums hereto, (“Terms”) along with the Registration Form set forth the terms and conditions under which the Advertiser may be identified as a Vendor to the Users.
The Contract shall come into effect upon the Advertiser or any authorized agent of the Advertiser signing and delivering the Contract to Just Find OR digitally accepts the terms of this Contract by clicking the “I Agree” checkbox displayed at the footer of the Contract (“Effective Date”). The Contract will override any previous understanding (whether written or oral) between the Advertiser and Just Find on the subject matter hereof. The Contract shall be valid and effective for one (1) year from the Effective Date unless otherwise agreed by the parties and in accordance with the terms of the Contract. There shall be no charges incurred by the Advertiser during the initial contract tenure (“Trial Period”). Upon expiry of the Trial Period, the Advertiser can opt to subscribe to the various advertisement packages offered by Just Find in which case, subject to the Advertiser’s subscription to the packages, the Contract shall be automatically renewed unless :
the Advertiser intimates Just Find by prior written notice (either by email or through registered post) at least one (1) month before the expiry of the one (1) year tenure, expressing its intention not to renew the Contract or is terminated by either Party prior to renewal in accordance with these Terms.
In the absence of any written communication by the Advertiser as to non-renewal after the expiry of the one (1) year tenure or unless terminated earlier by either Party, the Contract shall expire automatically by the end of Trial Period.
By agreeing to the terms of the Contract, the Advertiser shall be deemed to have consented unconditionally to all such addendums and amendments to the Contract without requirement of any specific notice or signature thereto. The Advertiser acknowledges and agrees that in case of conflict between this Contract and the terms and conditions (“Terms of Service”) contained on the Website, the Terms of Service as updated in website shall prevail. Just Find is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to the Advertiser. It shall be the sole responsibility of the Advertiser to visit the Website and update himself / herself / itself of the changes to the Terms of Service. Any changes to or amendment to these Terms or the Terms of Service will be deemed to take effect from the Effective Date and will be binding on the Advertiser.
(iv) Subject to terms set out in Clause above, it is clarified that the renewal of the Contract will also be subject to payment of subscription charges by the Advertiser and the Contract shall be effective from the date of payment of the subscription charges for a period of one (1) year and shall be automatically renewed in which regards, the terms stipulated in Clause 5 (iii) shall be applicable.
(v) The renewal of this Contract is subject to the absolute discretion of Just Find. The subscription charges and packages shall be notifed to the Advertiser by Just Find in due course.
It is clarified that, upon the signing and acceptance (inclusive digital signing and acceptance) of the Contract, the Advertiser would be deemed to have given their consent and authorized Just Find to share the Advertiser’s details and contact numbers for business and promotional purpose with Users of the Service.
Further, the Advertiser, by signing and accepting (inclusive Digital Acceptance) the terms of the Contract, has given the same’s consent to Just Find to contact the Advertiser for any business promotion of Just Find.
The Advertiser also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Advertiser. In the event the Users are unable to contact the Advertiser it would not be deemed to any deficiency in the Services rendered by Just Find. The Advertiser undertakes to comply with all the present and future applicable regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or Just Find will not face any difficulty in contacting the advertisers or for the purposes of entering into this Contract.
(i). The Advertiser warrants that Advertiser is authorised and entitled to advertise the business service or products described in this Contract.
(ii) Advertiser is solely responsible for the information and content of the advertisement and warrants that all particulars and information provided in this Contract are accurate and true in every respect and undertake to immediately notify Just Find of any change in such information.
(iii) Advertiser shall be solely responsible for ensuring that all licences, permits, consents, approvals and intellectual property or other rights as may be required for providing the advertisement has been obtained.
(iv) Advertiser shall ensure that the information and content provided for the advertisement are in compliance with and not in contravention of all applicable laws of Malaysia including but not limited to the Communications and Multimedia Act 1998 or any by-laws, rules, regulations or other subsidiary legislation under such Act, or any directions, order, requirement or instruction whatsoever given by any authority competent to do so under any written law.
(v) Advertiser shall ensure that the information and content for the advertisement will not infringe any intellectual property rights of any person, company or entity.
(vi) Advertiser represents and warrants that the use, reproduction, distribution or transmission of the advertisement will not violate any applicable laws, regulations or any rights of any person or third parties, including but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of any person, celebrity, or any other rights of any person or entity.
(b) Advertiser further represents and warrants that
it is a bona fide business organization carrying on business in relation to the items disclosed to Just Find;
it has the rights to use the trademarks;
the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it; and (a) all information provided about itself (Advertiser) to Just Find, is and shall at all times be accurate, valid and complete; (b) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Advertiser to Just Find) to Just Find
The Advertiser acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Contract remains in force and that Just Find will not entertain such grievances post-expiry or termination of the Contract;
Advertiser accepts that it is responsible to cross verify and ensure filling up of all the Advertiser details including but not limited to the contact information, information pertaining to its products/services provided by the Advertiser and keep Just Find updated in this regard.
In the event the relevant information is not filled completely or accurately in the Registration Form, the Advertiser would, by default, be bound by the explanation or description of the product/service or any other details of the Advertiser communicated by Just Find to the Users or any other third party;
Advertiser hereby agrees to keep proper receipts, invoices and details for the transactions entered into by it (Advertiser) and the User;
The Advertiser undertakes to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity proofs such as national identification card or passport and residential proofs such as electricity bill, telephone bill, bank passbook etc, as required by it (Advertiser) to run the business and any other documents requested by Just Find.
The Advertiser acknowledges that any breach of the covenants set forth herein may cause delay in activation, non-activation or termination of the Contract by Just Find, at its sole discretion.
Advertiser further acknowledges that Advertiser shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by Advertiser from delay in activation of services , non-activation of services or termination of the contract due to their (Advertiser’s) fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to Just Find. It is further acknowledged by an Advertiser that Just Find will be at no obligation to follow up with Advertiser for the documents as mentioned herein and it will be Advertiser’s sole responsibility including but not limited to share all the relevant documents confirming their identity, address and business registration details with Just Find.
Advertiser hereby agrees and undertakes that during the term of this Agreement and after its termination of this Agreement (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of Just Find’s enquiries/leads. Any such conduct by Advertiser will lead to a termination of the contract and Just Find at its discretion will initiate proceedings against advertiser.
Advertiser hereby agrees and confirms that during the term of this Agreement and after its termination (for any reason), Advertiser will not directly or indirectly either for itself or for any other commercial enterprise, solicit, divert, hire or attempt to solicit, divert or usurp, any of Just Find’s employees, business or prospective users/callers. Advertiser shall not advertise or perform any solicitation, including but not limited to solicitation of users to use the services of Advertiser directly or promoting its services by any means whereby user are motivated to not to use the Just Find website/services or to use the Advertiser website/services directly. Any conduct by Advertiser that in Just Find’s discretion restricts or inhibits any other user/customer from using or enjoying the Just Find services will not be permitted. During the term of this Agreement and for 5 (five) years after any termination of this Agreement, Advertiser will not directly or indirectly, in any capacity:- (a) solicit any users of Just Find by means of providing discounts, gift coupons etc in the event users uses the website of Advertiser directly. (b) divert, entice, or otherwise take away from Just Find the business of any user/customer, or attempt to do so, or (c) solicit or induce any user/customer to divert or reduce its relationship with the Just Find.
7) INFORMATION DISSEMINATION
Just Find currently disseminates Information to the Users through different platforms, viz., telephone, internet, WAP (Wireless Access Protocol) and Wireless (SMS short code) SMS. Just Find may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.
8) SUBSCRIPTION FEES
There shall be no charges during the Trial Period. Subscription Fee for the Services, will be applicable in the event the Advertiser agrees to the renew the Contract as per Clause 5(ii) and fees shall be notified to the Advertiser in due course.
9) PRIORITY OF INFORMATION ABOUT ADVERTISERS
For Just Find, providing Information that is relevant to the User is a priority. The User has to identify the location and category in respect of which the Advertiser is seeking Information and Just Find will provide such Information (subject to availability of such information) based on such choice. Amongst the Vendors who fall within the parameters identified by the User, Information about Vendors registered with Just Find, that is, the Advertisers is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Advertisers during Trial Period determined on the basis of the listing selected by the Advertiser and on the basis of mechanisms set out by Just Find. Upon Contract renewal, priorities of information of Advertisers shall be based on the subscription packages and discretion of Just Find. Nothing contained in the Contract shall be deemed to restrict or prevent Just Find from providing Users with Information about other Vendors whether in priority to the Advertisers or otherwise, as Just Find may in its sole discretion determine. The Advertiser acknowledges that Just Find will merely convey the Information to the Users on demand and does not guarantee that any of such User requests will result in business prospects for the Advertiser.
10) NO GUARANTEE OF BUSINESS
Just Find does not guarantee that enquiries/leads will be generated by it for the Advertiser or that any of such enquiries/leads will be converted into business for the Advertiser.
11) NO MARKETING
Just Find is not obliged and does not market the offerings of Advertiser and shall not be obliged to recommend Advertiser to the Users. Just Find’s obligation under the Contract is limited to the obligations explicitly set out herein and in no event does Just Find undertake to generate or guarantee Enquiries or business to the Advertiser.
Advertiser shall indemnify and hold harmless Just Find, its affiliates, directors, officers, agents and employees from loss, or damage including attorney’s fee, arising from any claim asserted by any third party including any User due to or arising out of any action or inaction of Advertiser, its employees or agents, including but not limited to, intellectual property claims, any claims pertaining to incorrect or false information about the Advertiser that was provided to Just Find and any claims including but not limited to the quality or usefulness of the products or services of the Advertiser.
13) CONFIDENTIALITY AND RELATED OBLIGATIONS
The Advertiser shall keep any information regarding the Users of the Service (“User Information”) confidential both, during the subsistence of this Contract and after its termination. The Advertiser shall not, without the prior written consent of Just Find, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Advertiser is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event Just Find is made aware of any such practice of the Advertiser in violation of the terms of this Contract, Just Find shall be entitled to terminate the Contract as well as initiate such legal proceedings against the Advertiser, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.
14) PUBLICATION AND DURATION OF ADVERTISEMENT
a. The Advertiser shall be responsible for the publication of the advertising item if the Advertiser enters the advertising Information by way of self input.
b. Once published, the advertising item shall appear in Just Find throughout the Duration of Contract i.e Trial Period.
c. Just Find shall not be liable for any error or omission due to any technical or system fault and will not be liable for any claims from the Advertiser for any late publishing.
d. Just Find reserves the right to remove the advertising item due to the event describe in clauses 4 and 6.
e. Just Find reserves the right to remove or not to publish any or all of the advertising items requested by the Advertiser without giving any reason whatsoever to the Advertiser.
15) DISCLAIMER AND LIMITATION OF LIABILITY
To the fullest extent permitted by law, Just Find disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, Just Find disclaims all guarantees regarding accurate Listing of the Advertiser. Advertiser understands that there may be errors in such positioning. Neither Just Find nor the Advertiser will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for Advertiser’s indemnification obligation. Just Find’s aggregate liability to the Advertiser is limited to amounts paid to Just Find by Advertiser during the 12 (twelve) months immediately preceding the date of the claim. Just Find is also not liable for any claim owing to any misrepresentation of the information pertaining to the Advertiser so long as the information exhibited/ communicated by Just Find conforms to the Information made available by the Advertiser or its authorized representative.
16) ADDITIONAL DISCLAIMER
Advertiser confirms that it will be solely responsible and liable for all matters between User and the Advertiser , including but not limited to transactions entered into between such User and the Advertiser. Further, it is hereby declared that Just Find does not verify the identity of the User of the Service and that the information provided to Advertisers is the information received from the User and will not be independently verified by Just Find.
In the event of receipt of multiple complaints from the Users regarding the Advertiser or Advertiser’s product/service, Just Find reserves the right to discontinue the provision of Service to the Advertiser or take any other action as deemed appropriate.
Advertiser also agrees that at no time shall Just Find vouch for or guarantee the performance of services or delivery of products by the Advertiser and Just Find will not be liable for any non-payment of amounts due to the Advertiser by any User.
The Advertiser may only terminate the Contract, by giving one (1) month written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.
Just Find reserves the right to terminate the Contract at any time, either with or without cause. If the Advertiser commits a breach of a material duty owed to Just Find, Just Find may, at its discretion, call upon the Advertiser to rectify the breach within 21 (twenty one) days of the receipt of notice, failing which Just Find may terminate the relationship between Advertiser and Just Find.
Upon termination of the Contract, Just Find will not be bound to delist the Advertiser as a Vendor and cease disseminating Information of the Advertiser to the Users. However upon termination, Just Find shall have the right to delist the Advertiser without prior intimation thereof to the Advertiser.
In case of technical difficulties in continuing the contract, Just Find reserves the right to terminate the contract by giving written/oral intimation to the advertiser.
Notices shall be sent by email or facsimile to the facsimile number/ email addressed notified by Just Find/Advertiser from time to time in writing and shall be followed by notice by registered post and dispatched through a reputed courier. Any notice refused by an Advertiser would be deemed to have been legally delivered and Advertiser will be deemed to have notice of the contents of such notice.
19) MODIFICATIONS TO TERMS OF SERVICE
Just Find reserves the right to change the terms of the Contract or the Terms of Service at any time without any prior notice to the Advertiser. Changes to the terms of the Contract or the Terms of Service shall come into effect upon from the time it is put up on the Website or by any other mode of communication as may be determined by Just Find. For Terms of Service with Advertiser visit http://www.justfind.my/Terms-of-Use.
20) INTELLECTUAL PROPERTY
a. All copyright in the advertisement requested herein will vest in Just Find and the Advertiser and/or Signatory is not permitted to reproduce all or any part of the advertisement without Just Find’s prior written approval.
b. Advertiser shall defend any claim, suit or proceedings brought against Just Find so far as it is based on a claim that the advertising item or the content within the advertising item infringes the Intellectual Property Rights of any third party. Advertiser shall indemnify Just Find against all damages and costs in any judgements entered in such a suit by a court of competent jurisdiction or proceedings and against settlements and costs arising out of such claim, suit or proceedings.
c. If any allegation or determination of infringement of Intellectual Property Rights is made in relation to the advertising item or the content within the advertising item, Advertiser shall at its own expense:
Edit or modify the advertising item or the content within the advertising item in order to avoid continuing infringement; or
Procure the right to use the advertising item or the content within the advertising item in accordance with this Contract.
21) GOODS AND SERVICE TAX
Where Goods and Service Tax (“GST”)is applicable to any supplies and/or services provided by Just Find under this Contract, Just Find is entitled to charge GST on the amount payable for the supply and/or service. The consideration for such supply and/ or service will be increased by an amount calculated as: A x R Where: A is the amount of consideration payable for the supply and/or service; and R is the applicable rate of GST.
If Just Find is liable for GST as contemplated by sub Clause 21(a) then Just Find shall:
provide to the Advertiser information that may be reasonably required to establish its liability for GST; and
provide such information and documents as may reasonably be required by the Advertiser to enable the Advertiser to claim an input tax credit under the law applicable to GST; and
iii. where a taxable supply and/or service has been made and consideration charged but the applicable GST has not been charged, the increase in the consideration required by sub-Clause 21(a) shall be paid by the Advertiser
22) PERSONAL DATA PROTECTION
Definitions “Personal Data” means personal identifiable information of an Advertiser who is an individual.
Advertiser agrees that it will comply and will procure warranties from any employees, agents and/or subcontractors that may process the Personal Data to: i. comply with all applicable data protection laws of Malaysia which shall include Personal Data Protection Act 2010; ii. On the request from Just Find, provide an up-to date copy of the Personal Data in the format supplied by Just Find and within any reasonable time periods required by Just Find.
Integrity and Access to Advertiser’s Own Personal Information
Advertiser will ensure that personal information and preferences provided to Just Find are accurate, complete and up to date. Any modification to the said information can only be done by the Advertiser. For any of personal information which cannot be directly rectified, the Advertiser may request Just Find to correct such information if it is incorrect/inaccurate or to delete it if it is no longer applicable or not required to be retained. However, Just Find reserves the right to decline to process requests which jeopardize the security and privacy of the personal information of others as well as requests which are impractical or not made in good faith. Where Advertiser elects to limit Just Find’s right to process personal information, Advertiser may directly contact Just Find.
(a) Advertiser agrees that no joint venture, partnership, employment, or agency exists between Advertiser and Just Find and that the Advertiser is not entitled to bind Just Find by its actions.
(b) Just Find is subject to existing laws and legal process and nothing contained in the Contract is in derogation of Just Find's right and obligation to comply with the law.
(c) If any clause or part thereof of the Contract is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Contract shall continue in effect. Such revision to the Contract will be deemed to have been in effect from the Effective Date.
(d) Advertiser may not assign any rights or obligations against Just Find without Just Find's prior written consent. Just Find reserves the right to transfer any right or obligation against Advertiser by issuance of notice of such assignment to the Advertiser. Upon such assignment, the assignee shall be bound by the Contract in the same manner as Just Find and Just Find shall cease to have any liability to Advertiser. However, the Parties agree that Just Find has an unfettered right to assign the Contract and the Advertiser is only entitled to a notice of such assignment. The Parties further agree that assignment of the Contract by Just Find will not be subject to Advertiser’s consent.
(e) Just Find shall not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labor strife, labor and transportation strikes. During a force majeure event, the obligations of Just Find under the Contract will stand suspended.
24) AMENDMENTS AND WAIVERS
No waiver by any Party of any term or condition of the Contract, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of the Contract on any future occasion.
25) GOVERNING LAW AND JURISDICTION
This Contract is governed by in all respects and shall be construed according to the Laws of Malaysia and the Court of Malaysia shall have exclusive jurisdiction.
26) ENTIRE CONTRACT
No waiver by any Party of any term or condition of the Contract, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of the Contract on any future occasion.
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