Article 1: Purpose
The purpose of this Terms & Conditions (“Agreement”) is to set out rights and obligations and other necessary matters between persons trading products or services with each other, rights and obligations and other responsible matters between the Members and the Company (as defined below), the procedures for the use of the service by the Members, etc., in connection with the use of the e-commerce related services (“Services”) provided by Joyloka(http://www.joyloka.com; hereinafter “Joyloka”) operated by Wiya Travel & Tours Sdn. Bhd. (“Company”).

Article 2: Definition
1. The following terms shall have the following respective meanings:

1. “Joyloka(www.joyloka.com)” means the website existing for the real-time e-commerce system and its operation which is provided by the Company for transaction of goods and services (“Products”).
2. “User” means Members and Non-members who are granted the Services provided by the Company in accordance with this Agreement.

III. “Member” means any individual or business who has registered himself/herself/itself as member according to registration process established by the Company and who is provided the information on the Company on a consistent basis and is able to use the Services provided by the Company. The Members consist of the General Members and Seller Members as follows:

1. “General Member (Purchasing Customers)” means any member who is entitled to use the Services provided by Joyloka for the purchase of the Products and other purchases.
2. “Seller Member (Purchase and Sale Customers)” means any Member who is not only entitled to purchase the Products and use the related Services on Joyloka and but also operate a Partner/Vendor account and sell Products on Joyloka.
3. “Non-Member” means any person who uses the Services provided by the Company without having registered itself as a Member.
   V. “ID” means alphabets, numbers or certain combination of alphabets and numbers selected by the Member and registered by the Company for the identification of the Member.
   VI. “Password” means any combination of alphabets and numbers selected by the Member and registered to the Company for the purpose of confirming the identity of the Member and protecting confidential information.
   VII. “Operator” means any person selected by the Company for the purpose of carrying out smooth operation and overall management of the Services provided by the Company.
   We may share your personal information with:
   I. Third-party service providers under contract who help with our business operations: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, investigating frauds and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
   II. Third parties giving promotional offers: Sometimes we send offers to selected groups our users on behalf of other businesses. When we do this, we do not give that business your name and address.
   VIII. “Buyer” means any User who purchases the Products of the Seller registered with the Company. The right to purchase is granted to both the General Members and Seller Members.
   IX. “Seller” means any Member who has registered the Products with the Company using the form of the Products advertisement provided by the Company for the purpose of selling the Products, which right is granted to the Seller Members.
   X. “Member Rating” means a rating given to each Member by the Company based on certain criteria according to the result of the Member’s use of the Services.
   XI. “Product Review” means any writing, image, clip, etc., containing a comprehensive review of the Products posted after the purchase of the Products.
   XII. “Credit” means electronic prepayment means issued and managed by the Company that are used by the Member in return for the Products purchased by such Member. The Credit can be purchased by the Members for a fee or provided by the Company for free.
   XIII. “Cash” means (i) any refunds made in cash by the Company following the cancellation made by the Member for the purchase whose payment was made over cell phone, etc. at Joyloka, when the refund cannot be made by using the same means of payment used for the purchase of the relevant goods due to the nature of such means of payment, or (ii) cash used by the Company as a means of conversion to the Credits.
   XIV. “Purchase Finalisation Period” means the period during which the Buyer is required to express its intent to finalise its purchase (confirmation of its purchase, return or exchange), which expires on the 7th day from the date of receipt of the products.
   XV. “Personal Identity Verification” means the act of confirming whether the following information, in each case, matches the information recorded at the time the relevant Member became a Member (i) in case of Buyer Member the personal identity to be verified through email authentication, and (ii) in case of Seller Member, the corporate name of the company and the business enterprise registration number.
   XVI. “Business Day” means any day during which the Services are normally provided by the Company, which excludes Saturdays, Sundays and any public holidays in Selangor.
   XVII. “Secure Transaction Centre” means an organisation established in order to mediate various problems which may arise in connection with the transaction security while using the Services.
   XVIII. “Dispute Resolution Centre” means an organisation established and managed by the Company to enable a reasonable and smooth mediation of any disputes. Any disputes arising from the transaction placed through Joyloka between the Seller and the Buyer must be, in principle, resolved on their own, and only in exceptional circumstances where the resolution between the Buyer and the Seller fail, such disputes should go through the Dispute Resolution Centre.
   XIX. “Joyloka Pay Service” means any/all services provided by Company in relation to Seller Member’s registration and sales of their products at the sites other than Joyloka, such as payment agency service, payment protection service, and all other additional services in relation thereto.
   XX. “Transaction Fee” and/or “Commission” is fee paid to Company by the Seller for usage of services. Company shall deduct this fee before settling payments to the Seller.
4. Any terms used herein but not otherwise defined in Article 2(1) shall be interpreted in accordance with the standard practices of transaction.

Article 3: Scope; Priority of Effectiveness
1. In this Agreement, Part 1 (General Rules) and Part 3 (Miscellaneous) shall apply to all Services. Part 2 shall apply to Joyloka.
2. In the event there is a conflict between the provisions of Part 1 and Part 3 on the one hand and Part 2, which is an individual Service, on the other hand, the individual Services related provisions (Part 2) shall prevail over the overall Services related provisions (Part 1 and Part 3).

Article 4: Specification, Effectiveness and Amendment of this Agreement
1. The Company shall post the defined Agreement on its Internet site (http://www.joyloka.com), where the Company’s Services are provided, in order to inform the Users of such Agreement.
2. The Company is entitled to amend this Agreement when there are reasonable reasons, so long as such amendment does not violate the related laws. In the event this Agreement is amended, the Company shall notify of such amendment (including the effective date of such amendment and the reason for amendment) through its Service site 15 days prior to the effective date of such amendment; provided, however, in the case of any amendment disadvantageous to the Users, such shall be notified through its Service site 30 days prior to the effective date and shall be also individually notified by way of sending email, SMS, etc. to the Users (if it is difficult to provide such separate notification due to the User’s failure to provide the contact information, change of the contact information, etc. and such amendment has been notified in accordance with this Agreement, such notice shall be deemed to have been separately made).
3. Agreeing to this Agreement shall mean agreeing to confirm any changes made to this Agreement by regularly visiting the Internet site operated by the Company. The Company shall not be responsible for any damages suffered or sustained by any Members or Users in connection with their failure to learn the information on the amended Agreement.
4. In the event any Member does not agree to the amended Agreement, such Member may request to withdraw from the membership (termination of the User agreement). In the event the Company has notified or announced pursuant to Article 4(2) of this Agreement that the Agreement will be amended and that the User shall be deemed to have consented to such amendment if the User fails to express its refusal to accept the amendment by the effective date of such amendment, the User shall be deemed to have consented to the amendment, if the User fails to explicitly express its refusal to accept the amendment.

Article 5: Additional Regulations
1. Any and all matters not stipulated in this Agreement shall be determined in accordance with the general commercial practice and the related regulations such as the Act on Consumer Protection in Electronic Commerce, etc.
2. The Company, whenever necessary, may notify of the matters applicable to specific Services (the “Individual Agreement”) by posting them on Joyloka, etc.
3. The Company, whenever necessary, may determine and notify of the detailed matters relating to the use of the Services (the “Use Policy”) by posting them on Joyloka, etc.
4. Any changes made to the Terms & Conditions or the Privacy Policy shall be notified by the Company prior to the effective date of such changes.
5. Each Member shall monitor at all times whether there have been any changes made to the Individual Agreements or the Use Policy and shall confirm any notifications made in respect of any changes.

Article 5.1: Product Listing
1. The seller is fully responsible for the Listing. By Listing on the website of Joyloka, the seller warrants that:

1. Seller is the valid owner of Products listed.
   II. Seller has the right to sell the Products online in Malaysia.
   III. The products conform to all applicable laws regulations in Malaysia.
   IV. The products strictly conform to the specifications, drawings, performance criteria other descriptions referred to/or proved on the website by Seller.
   V. No misleading information is included on the website.
   VI. The price of the listed Product is competitive.
   VII. No illegal or offensive content is inserted on the Website.
2. Without limiting the foregoing, you may not list or sell any item on Joyloka that are:
3. Cosmetics endangering the safety or health of the customer, items without authorisation from BFAD/ Bureau of Food and Drug.
   II. Pornography.
   III. Firearms or any hazardous weapons.
   IV. Black-market Items.
   V. Stolen goods.
   VI. Goods that were imported illegally.
   VII. Illegal items.

Article 5.2: Order Limitations
1. Company reserves the right to reject any product(s) order you place, and/or or to quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
2. Company may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Company also reserves the right to reject any order you placed.
These restrictions includes all and any product(s) orders placed by the same Joyloka site account, the same credit card, and orders that use the same billing and/or shipping address. In the event Company makes a change to an order, Company will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.
3. Company reserves the right to limit or prohibit sales to dealers or re-sellers.
 

Article 6: Establishment of the User Agreement
1. The user agreement in respect of the Services provided by the Company (the “User Agreement”) is established when the Company provides its consent to the application filed by any person, who wishes to use the Services. The application is made when any person, who wishes to use the Services, fills in each required item in the membership application form provided by the Company online and expresses his or her intent to consent to this Agreement.
2. The applicant shall be deemed to have become the Member as of the date on which the Company’s consent to such person becoming Member is posted on the relevant Service page or such consent has been received by the applicant by email or any other means determined by the Company.
3. Any individual of the age of 18 or more is entitled to apply for the membership. Any corporate which is able to engage in normal business activities as of the date of the application, is entitled to apply for the membership.
4. In principle, one (1) membership ID shall be given to one (1) person (on the basis of the email authentication for which personal identity has been confirmed; in case of corporate, on the basis of each corporate number and business enterprise registration number); provided.
5. In the event the Member signs up again for the membership following the expiration (including termination) of the User agreement, in principle, the ID, which was last used, cannot be used and the new ID shall be used.
6. In the case of application for the membership submitted by the Buyer Member and/or Seller Member, the personal identity verification proceeding shall be undertaken by email authentication. For any application for which the personal identity verification proceedings cannot be undertaken by the Company, the Company is entitled to request the applicant to submit evidentiary materials.
7. Because there is a concern that certain Members may seek to receive expediently various economic benefits, such as various discount coupons, benefit from events, etc., provided by the Company, by repeating the process of signing up for membership, voluntarily terminating the membership, etc. or that certain Members may illegally use the other’s name in such process, in order to prevent such illegal activities from occurring, the use of the Services by the Member and the filing of the application for the membership within one (1) month from the date on which the Member voluntarily withdraws from the membership may be denied.

Article 7: Change and Protection of Personal Information
1. Anyone who wishes to become a Member and use the Services contemplated hereby shall be required to go through the application process.
2. In the event there is any change to the matter the Member recorded at the time he or she applied for the use of the Services, such Member shall immediately update the information; provided, however, that any information, such as name, ID, which is impossible to be changed, cannot be changed.
3. The Member shall be responsible for any damages occurring from the non-updated information, for which the Company shall not be responsible in any way whatsoever.
4. The Company shall not use any information of the User for purposes other than to provide the Services, nor shall it provide such information to any third party without the consent of the User, with the following exceptions:
I. to provide to the Seller, delivery company or etc. the minimum information relating to the User (name, address, contact information, ) that are necessary for transaction, delivery, etc.
II. when the use of the personal information of the User and the provision of such information to a third party are permitted under the laws and regulations
III. when such information is required to execute the purchase and sale and for return, exchange, cancellation, etc., following the completion of the purchase and sale; provided, however, that the Company is entitled to provide the contact information of the counterparty only to the relevant Seller and Buyer who participated in the purchase and sale.
5. The Company shall strive to protect the personal information of User, which includes the information on User, in accordance with the related regulations. The Company shall establish the policy of the protection of the personal information of the User and select the person in charge of the protection of the personal information.
6. Any matter related to the protection of personal information of the User shall be handled in accordance with the related law, regulation and the personal information protection policy determined by the Company.
7. In the event any transaction is achieved through the Services provided by Joyloka, the Company shall provide to the Seller the personal information of the User which is necessary in connection with the transaction of the products between the Seller and the Buyer, delivery, etc.
We may share your personal information with:

1. Third-party service providers under contract who help with our business operations: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, investigating frauds and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
   II. Third parties giving promotional offers: Sometimes we send offers to selected groups our users on behalf of other businesses. When we do this, we do not give that business your name and address.
   III. Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
   IV. Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, postal code, telephone number, email address, User ID history, IP address, fraud complaints, and purchasing and listing history.
   V. Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)

Article 7.1: Privacy
1. Company does not sell or rent personal information of members to third parties for their marketing purposes without member’s explicit consent. Company uses the information only as described in our Privacy Policy.
2. Company views protection of member’s privacy as a very important community principle. Company stores and processes the information on computers that are protected by physical as well as technological security devices.
3. Members can access and modify the information provided and choose not to receive certain communications by signing-in to your account. Company uses third parties to verify and certify our privacy principles. For a complete description of how the Company uses and protects your personal information, see our Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
4. For the avoidance of doubt, If Company has reasonable grounds to believe that any User is in breach of any of the terms of this Agreement, Company reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or on-going criminal or civil wrongdoing.
5. Further, Company may disclose the User’s identify and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Company is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Company shall not be liable for damages or results arising from such disclosure, and the member(s) agree(s) not to bring action or claim against Company for such disclosure.
6. You may withdraw your consent to our collection of your personal data and/or information at any time by notifying us or call our customer service. In that event, we will not be able to identify you and provide you with a safe, smooth, efficient and customised experience while using our site. Although you can browse through most of our sites without giving any information about yourself, in some cases, personal information is required in order to provide the Services you request.

Article 8: Application for the Use of the Services
1. Any person who wishes to join and use the Services provided by the Company shall provide the required information in the membership application form provided by the Company. There are mandatory items and optional items that are to be filled in by the Member at the time he or she signs up for the membership, and all mandatory items must be filled in. The type of items to be provided in the form of application for joining the membership varies depending on whether the applicant is individual or corporate.
2. Any Buyer Member and/or Seller Member shall fill in the following items (mandatory items): Member ID (ID), password, email address, name, contact number, and whether the Member consents to his or her personal information being provided to or used.
3. At the time when the Member applies for the membership, the Company is entitled to request other information (e.g., birth date, marriage status, occupation, hobby, area of interest, etc.) in addition to the mandatory items indicated in Article 8 (1) and Article 8 (2), for which the applicant has the right to reject. Any additional information so obtained must be only used for purposes of providing various and useful information to the Members and cannot be used for any other purposes by the Company.
4. Seller Member is not allowed to make use of its Web Site’s Name and/or its Logo without prior written authorisation from Joyloka. Seller Member shall not conduct or induce direct sales of their products to the Buyer; if in any case this rule is violated, the respective Seller Member shall be banned from using the service and Seller’s membership may be terminated.
5. Seller should respond to GST invoice and or other invoice issuing requests from Buyer. Seller should respond to the queries of Buyer honestly and accurately. Any losses arising from dishonest, inaccurate responses made by Seller will completely be Seller’s responsibilities.

Article 9: Approval, Rejection, Deferring of the Application
1. In principle, the Company shall approve the use of the Company’s Services only when all required information set forth in Article 8 of this Agreement has been accurately filled in and the identification of the applicant, who has consented to be bound by this Agreement, has been confirmed by undertaking the personal identity confirmation procedures.
2. The Company shall undertake the personal identity confirmation procedures by email authentication. For any application for which the Company is unable to undertake the
personal identity confirmation procedures, the Company is entitled to request the applicant to submit evidentiary materials.
3. The Company may refuse to approve the application in any of the following cases:

1. The applicant is less than 18 years old.
   II. It has been confirmed in the personal identity confirmation proceeding undertaken by the Company that the applicant is not the person who is filing the application.
   III. The name, the CI (Connecting Information, the personal identification information given by the personal identification institution to connect the service), DI (Duplication Information to screen duplicate applications) (or business enterprise registration number, corporate registration number, email authentication) are identical with those of an existing Member.
   IV. There is any false or omitted information or typos in the application or the registration materials.
   V. The application is re-filed within a month from the date on which the User agreement was terminated.
   VI. The Member, against whom certain measures have been undertaken by the Company such as disqualification, unilaterally terminates the User agreement and subsequently reapplies for the use of the Services during the period in which such measures undertaken against the Member remain effective.
   VII. It has been confirmed that the application has been filed in breach of this Agreement or that such application is unlawful or otherwise wrongful.
   VIII. Any person who is subject to the terms of the purchase/sale user agreement of Joylokais in breach of the relevant agreement.
2. The Company may defer the application in any of the following cases. In that event, the Company shall post on the relevant Services page or notify by email the reason for deferring the application, possible date of approval, any additional information or materials that are required for the approval and any other information related to the deferring of the application.
3. There is lack of facilities
   II. There are technological problems
   III. The Company is unable to confirm personal identity through personal identity confirmation proceeding undertaken by the Company.
   IV. The Company has reasonably decided that the deferring of the application is necessary.

Article 10: law of agreement & jurisdiction

1.This Agreement shall be construed and take effect under the laws of Malaysia. The PARTIES hereby submit unconditionally to the non-exclusive jurisdiction of the courts in Malaysia.

Article 11: Disclaimers and Limitation of Liability

1.In no event will Joyloka, the Joyloka Platform, or any of Joyloka’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This Joyloka Platform; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of the Joyloka Platform, tools or Services we provide related to the business we operate on the Joyloka Platform by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.

2.These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.

Article 12: Use of the Content

1. All materials displayed or performed on the Joyloka Platform including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Joyloka Platform and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with Terms of Use. For the avoidance of doubt, any inputs into and outputs from Joyloka AI Tools do not constitute “Content”. For more information on Joyloka AI Tools, please see the Terms and Conditions of Joyloka AI Tools.

2.If Joyloka agrees to grant access to the Joyloka Platform and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access the Joyloka Platform in accordance with this Terms and Use. Joyloka may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from the Joyloka Platform.

3.Shall abide by all copyright notices, trademark rules, information, and restrictions contained in the Joyloka Platform and the Content accessed through the Joyloka Platform, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the Joyloka Platform or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.

Article 13: Expiration of the User Agreement
1. Any Member may terminate the User Agreement as follows:
I. Any Member may terminate the User Agreement at any time by notifying the Company of its intent to terminate; provided, however, that prior to making such notification, all Product transactions that are in process must be completed, withdrawn or cancelled, and any negative consequences arising from such withdrawal or cancellation shall be borne by the Member. In addition, the Company shall be entitled to restrict the Member’s ability to terminate the User Agreement, in the event the Member’s use of the Services has been suspended due to his or her
breach of this Agreement, related laws and regulations, etc. in order to prevent such breach from occurring again, or until the Member has discharged all of its obligations if the Member has not discharged all of its obligations against the Company.

Update: 18 Aug 2023