1. INTRODUCTION

1.1 JOMM is an online motor insurance website (“Platform”) by Lexis Safeguard Sdn Bhd which integrates multiple insurance panel’s plan, including but not limited to MPI Generali Insurans Berhad, Zurich Malaysia, MSIG Insurance, The Pacific Insurance Berhad & Takaful Malaysia (“Insurers”) which are made available to be compared, searched and purchased (“Services”) on the Platform by users of the Platform (“Users”).

1.2 Users shall be able to browse different types of motor insurance on the Platform which includes but is not limited to comprehensive cover insurance, third party, fire and theft cover insurance or third party cover insurance. Users may select additional coverages which includes e-hailing, special perils, all driver coverage and personal accident coverage.

1.3 By using our Platform, you are deemed to have consented to be bound by this Terms of Use (“Terms”) which shall constitute a legally binding agreement (“Agreement”) between you and JOMM, its parents, subsidiaries, affiliates officers and directors (collectively referred to as “JOMM”) which sets out the terms of use of JOMM Platforms. Should you not be agreeable to the Terms hereinafter contained, kindly do not use our Platform.

1.4 JOMM may amend or supplement these Terms from time to time. Any amendment or addition to these Terms shall be effective immediately upon the posting of the amendment or addition on our Platform. Your continuous usage of our Platform after such postings shall be deemed as you having agreed to be bound by our amendments and/or additions to these Terms.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Malaysia, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platform 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 our express prior written permission.

2.2 Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, Content, and the Marks.

3. USER REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

3.1 By using our Platform, you hereby represent, warrant and undertake that you have the legal capacity to accept and comply with this Terms. You further agree that:

3.1.1 all registration and/ or sign up information you submit are true, accurate, current and complete;

3.1.2 you will maintain the accuracy of such information and promptly update such registration information as necessary.

3.1.3 will not impersonate another person or misrepresent authorization to act on behalf of others or us;

3.1.4 be responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, information or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on in connection with your account on our Platform.

3.1.5 You have read, understood and agree to be bound by the Terms and Conditions contained herein;

3.1.6 Whenever time is mentioned herein, time shall be deemed to be of essence.

3.2 Should you provide any information that is untrue, inaccurate, not current, or incomplete, we have the absolute right to suspend or terminate your account and refuse any and all current or future use of our Platform (or any part thereof).

4. TERMS OF PAYMENT

4.1 Users shall be entitled to make payment for the Services using the various methods made available to the User on our Platform.

4.2 JOMM has made available payment gateway on the Platform for ease of making payments which includes online banking, e-wallet, credit card and visa card.

4.3 Users acknowledge that JOMM is entitled to collect payments from the User on behalf of the insurance panels.

5. PROHIBITED ACTIVITIES

5.1 You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

6. GOVERNING LAW

6.1. These Terms shall be governed by, and construed in accordance with, the laws of Malaysia and submit to the exclusive jurisdiction of the courts of Malaysia.

7. SUSPENSION

7.1. By using our Platform, you agree that you will be personally liable for the use of the Platform. Should it be discovered that you are involved in any prohibited activities on our Platform or in any event in violation of our Terms of Use, we may deny your access to our Platform on a temporary or permanent basis, depending on the seriousness of non-compliance.

8. EXCLUSION AND LIMITATION OF LIABILITY

8.1. JOMM shall not be held liable for any representation, warranties, express, implied or statutory, not expressly set out in these terms which shall include the availability, reliability, accuracy or quality of the insurance product.

8.2. Notwithstanding anything contained herein, the liability of JOMM shall be limited only to the Services provided on the Platform and any fees charged by us for the said Services.

8.3. JOMM shall not be liable for any inaccuracy and incompleteness of any information in relation to the insurance product and you fully understand and accept that the information is not conclusive and shall be used as a personal reference only.

8.4. JOMM shall not be liable for any losses, damages, claims or costs whether consequential, indirect or incidental losses or damages to your electronic device as a result of the use of the Platform.

9. NO OFFER

9.1. Nothing on the Platform shall be construed as a solicitation, offer, advice, recommendation, or any other service to acquire or dispose of any investment or to engage in any other investment or transaction.

10. THIRD PARTY LINKS

10.1. The Platform may contain links to third-party websites (“Third Party Sites”) and third-party content (“Third-Party Content”) as a service to Users who wish to obtain further information and is purely for the convenience of the User.

10.2. JOMM does not assume any responsibility or liability with respect to any website linked from JOMM (or any website linking to JOMM), including its content and operation. JOMM does not review or monitor such links. Any links to Third-Party Site or Third party Content does not imply our endorsement, sponsorship of or affiliation with such Third-Party Site or Third-Party Content.

11. INDEMNITY

11.1. You hereby agree that you are liable to indemnify JOMM against any loss, damage and/or legal fees arising from any occurrence of JOMM being subjected to any legal proceedings and/or dispute as a result of any act or negligence of you in connection to the use of the Platform and the services provided on the Platform.

12. PRIVACY POLICY

12.1. We care about data privacy and security. Please review our Privacy Policy (https://www.jomm.com.my/en/privacy-policy/). By using our Product, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Platform is hosted in Malaysia. If you access the Platform from other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Malaysia, then through your continued use of the Platform, you are transferring your data to Malaysia, and you expressly consent to have your data transferred to and processed in Malaysia. [Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Product as quickly as is reasonably practical.]

13. COMPLAINTS

13.1. Should you have any complaints or dissatisfaction in relation to JOMM’s Service to you, kindly write to us and we shall endeavour to investigate and resolve the matter amicably.

14. AGENCY

14.1. You agree and acknowledge that the insurance policy provided to you under the Services are provided by the Insurers and agencies as listed below and they shall be the individual or entity representing the Insurers as stated. The agents shall act as intermediary between the User and insurer upon successful purchase of the insurance products provided on the Platform: