Term & Condition

1.1 In this Terms and Condition Agreement, each of the following expression has, except where the context otherwise requires, the meaning shown opposite it:

“Account” means the Jom N Go Fast Account to be registered by the User at the Platform for submission of a Booking Order;

“Booking Order” means the order that a Customer submits to the Platform to book for transportation, logistical and/or delivery service(s);

“Contract” means the Customer’s booking of Service in accordance with these T&C which engage the Services of the Driver;

“Customer” means any individual that places a Booking Order on the Platform;
“Drivers” means an independent third party driver or rider who has agreed to accept Booking Orders to provide transportation, logistical and/or delivery services through the Platform;

“Personal Data” means any information of the User in respect of any transactions on the Platform to which Jom N Go Fast has access and the same definition described in the Personal Data Protection Act 2010;

“Platform” means the technological platform of Jom N Go Fast which can be accessed in various forms including Jom N Go Fast’s software application for mobile device and website at the following address www.Jomngo.com;

“Services” means the services as set out in clause 3 below;

“T&C” means this terms and conditions that is applicable to all the User and Customer of Jom N Go Fast using the Platform; and

“User” means any individual that is accessing or using the Platform including Customer or a guest.

1.2 Words and expressions denoting the singular include the plural and vice versa.

1.3 Words and expressions denoting the whole include any part.

1.4 Words and expressions denoting any gender include all genders.

1.5 Words and expressions applicable to a natural person include any individual, firm, partnership, company or corporation.

1.6 Headings and sub-headings are inserted for convenience only and have no legal effect.

2.1 The User agrees that by using the Platform, the User has read, understood and agreed to be bound by all the T&C. These T&C shall apply to the User’s use of the Platform and all Booking Orders and Contracts made or to be made by Jom N Go Fast for the Services.

2.2 The User’s use of the Platform constitutes an agreement and consent to be bound by the T&C and Privacy Policy to which Jom N Go Fast reserves its right to modify, revise or change these T&C and Privacy Policy at any time.

2.3 The original language for this T&C is English. In the event of discrepancies between English and other language versions, the English version shall prevail.

2.4 The User agrees and acknowledges it is the User’s responsibility to review the T&C periodically for any changes made to the T&C and shall be deemed to have agreed and accepted the changes in any revised T&C after the revised T&C are updated. IF THE USER IS NOT AGREEABLE WITH ALL THESE TERMS & CONDITIONS, THE USER IS EXPRESSLY PROHIBITED FROM THE USE OF THE PLATFORM AND MUST DISCONTINUE THE USE IMMEDIATELY.

3.1 Jom N Go Fast provides Services through its Platform which allows the User to arrange and/or schedule transportation, logistical and/or delivery services for goods. The Platform acts as a facilitator which connects the User and a Driver who will provide the transportation, logistical and/or delivery service.

3.2 The list of transportation, logistical and/or delivery services that a Driver can provide to the User is listed on the Platform.

3.3 The User agrees and acknowledges that Jom N Go Fast is not the agent for the User nor the Driver. Both Jom N Go Fast and the Driver have no authority to bind each other and Jom N Go Fast is not a party to the Contract entered between the Customer and the Driver.

All Personal Data collected from the User through the Platform shall be dealt in compliance to the Personal Data Protection Act 2010 and as follows:

a. User agrees that Jom N Go Fast shall collect, record, hold, store and use the User’s Personal Data where it is necessary for Jom N Go Fast. The User’s information shall only be kept for as long as Jom N Go Fast is either required to by law or as is relevant for the purposes for which it was collected.

b. The Platform shall not disclose the User’s Personal Data and the User shall remain anonymous.
c. The User agrees that Jom N Go Fast shall require the following Personal Data upon the User’s registration for an Account:-

i. Name;
ii. Address;
iii. Contact No;
iv. Email Address;
v. Date of Birth (Optional);
vi. Gender (Optional); and vii. Country of Origin (for Non Malaysian).

d. Where the User makes a Booking Order on the Platform, the User agrees that Jom N Go Fast may collect the following additional Personal Data:-

i. Telephone Number or Mobile Number;
ii. Pick Up and Delivery Address; and
iii. Feedback, ratings and appreciation;
iv. Transaction information;
v. Experience on the use of Services; and vi. Other data that the User provide through the communication function.

e. Jom N Go Fast collects the Personal Data which the User voluntarily provide for the purposes of:-

i. Interacting with Jom N Go Fast’s social media; ii. Participate in competitions or events organised by Jom N Go Fast; iii. Filling in demographic information on studies conducted by Jom N Go Fast.

f. The User represents Jom N Go Fast that Personal Data relating to a third party provided by the User by submitting such Personal Data to Jom N Go Fast shall have been obtained with the consent of the third party to provide Jom N Go Fast with their Personal Data for the respective purposes.

g. Jom N Go Fast represents and warrants to not collect any Personal Data from individual below the age of maturity (18). The User agrees that the User shall be over the age of maturity to place a Booking Order on the Platform. In the event the User is under eighteen (18), and the Personal Data of a minor is disclosed to Jom N Go Fast, the parent or legal guardian of the minor agrees and confirms that consent is given to the processing of the minor’s Personal Data. The parent or legal guardian personally accept and agree to comply with this Privacy Policy and be held responsible for the actions of the minor.

h. The information provided by User shall not be shared with any other organisations except for Jom N Go Fast’s corporate group and those third parties that are directly related to and necessary for the picking up and/or delivery of the products and other purposes for which the Customer have authorised. In exceptional circumstances where Jom N Go Fast shall be allowed to disclose such Personal Data where there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or required by the law.

i. The User agrees that Jom N Go Fast has the right over the collection, use, storage and transfer of personal data and also reserve the right to modify and change the Privacy Policy at any time and any changes to this shall be published on the Platform.

j. The User expressly consent to the disclosure of the User’s personal data to the Driver which is limited to the sourcing a Driver, confirmation/clarification of the booking information between the User and the Driver, and tracking the booked vehicles when the Services is provided to the User.

k. Jom N Go Fast is allowed to disclose the User’s personal data belonging to a Driver during the period of Services. The User represents and warrants that the personal data of the Driver shall not be used for purpose other than of using the Services.

l. The User agrees that by
(1) clicking “Yes” on Jom N Go Fast pop-up or any web form referring to this
Privacy Policy on Jom N Go Fast Platform;
(2) submission of the User’s Personal Data upon signing up of the Account;
(3) browsing on the Platform; or
(4) ordering any of the products and services on the Platform;
the User is agreeing to the terms of this Policy.

4.2 USE OF PERSONAL DATA

4.2.1 Jom N Go Fast represents and warrants that the collected Personal Data will be used for the purposes stated herein:-

a. to personalise the User’s experience by identifying the priorities and habits of the User in order to meet the User’s needs;

b. to improve the Platform of Jom N Go Fast based on the information and feedback provided by the User;

c. to improve the customer service by using the User’s Personal Data to respond to the queries and to provide effective support to the User;

d. to process transactions in smooth and secure manner;

e. for internal operations such as software trouble shooting bug and operational problems, controlling and analysing the latest trends of Customers; and

f. to conduct contests, promotions, surveys and other features.

4.2.2 Jom N Go Fast further represents and warrants that all Personal Data of the User whether public or confidential will not be sold, exchanged, transferred or given to any third party for any reason without the prior written consent of the User save and except for the completion of the Service.

4.3 PROTECTION OF PERSONAL DATA

Jom N Go Fast undertake to take various precautionary measures to maintain the security of the User’s Personal Data when the User enter, submit, or access the personal information as such including (but not limited to) SSL certificate signing, TLS encryption and hash password storage. These measures are taken to protect all Personal Data of the Users from being accessed, collected, used, processed, copied, modify without authorisation or other risks.

4.4 USERS’ PERMISSION

4.4.1 The User agrees and provides Jom N Go Fast the permission to process the Personal
Data for the purposes set out in this Privacy Policy in relation to the data disclosed by the User. The User reserves the right to withdraw the consent and the Personal Data and other person’s personally identifiable Personal Data from the User’s Personal Data at any time in accordance with the terms of this Privacy Policy.

4.4.2 Data may be transferred from one country, state and/or city to another country, state and/or city while using Jom N Go Fast’s Services. The User understands and agrees to the transfer of his Personal Data to another country if required.

4.5 THIRD PARTY NETWORKS

Jom N Go Fast may from time to time include or offer third party services and products within the Platform. These third party sites may have their own privacy policies that are separate and independent of this Privacy Policy. Jom N Go Fast will not be responsible or liable for the content and activities related to the third party site. Nonetheless, Jom N Go Fast strives to maintain the integrity of the Platform and welcome any feedback on the Platform.

5.1 The User shall not misuse the Platform by using any automated systems or software to extract data from this Platform for any purpose. The User shall not commit a criminal offence, transmit or distribute a virus or post any material on the Platform which is malicious, offensive, racist, abusive or obscene; hack into; corrupt data; cause annoyance to other users; use the Platform to advertise or offer to sell goods and services; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. In the event any such breach occurs, Jom N Go Fast shall be entitled to report the breach to the relevant authorities and appropriate legal action may be initiated. Jom N Go Fast reserves the right to investigate and terminate the User’s Account permanently in the event of breach.

5.2 The User agrees and acknowledges the usage of the Platform on the User’s device is subject to the T&C. The User shall not use the Platform in connection with any commercial endeavours except those that are specifically endorsed or approved by Jom N Go Fast which is for the arranging and/or scheduling transportation, logistical and/or delivery services.

5.3 The User agrees to not install and/or execute the Platform on any device other than the device running the operating system approved by Jom N Go Fast.

5.4 Save and except for the license to use the Platform granted to the User in this Clause 5, no other rights and/or licence is granted to the User.

6.1. Registration

6.1.1 The User shall register an Account with the Platform to place an Order and shall be responsible for all use of the User’s Account and password. The User is advised to use unique numbers, words and special characters and do not share the Account password with any third party. In the event the User’s password is disclosed to a third party, there is possibility that the User will lose control of the information and data that has been provided to Jom N Go Fast and the User is responsible for the action taken from his Account. If the User’s password has been compromised, the User is advised to change the password as soon as possible.

6.1.2 Jom N Go Fast shall assume that all log in activities using the User’s name and password will either be the User or person authorised by the User. Jom N Go Fast reserves the right to remove, reclaim, or change a username the User selected if Jom N Go Fast determines in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. The User shall submit to Jom N Go Fast information which is accurate, true and up to date information by informing Jom N Go
Fast of any changes to the Personal Data or if the User believes that the Personal Data stored by Jom N Go Fast is inaccurate, incomplete, misleading or outdated. The User may update his Personal Data at any time through his Account in the Platform. The User should contact the data protection department if he is unable to update his Personal Data through the Account.

6.1.3 The User shall have the right to request access and correction of his Personal Data after registering an Account with Jom N Go Fast. The User is allowed to the
followings:-

a. to check if Jom N Go Fast use or store the User’s Personal Data and request access to such data;

b. to request Jom N Go Fast to correct any inaccurate, incomplete and outdated Personal Data;

c. to limit the Personal Data stored by Jom N Go Fast is for the period of time required for the performance of the purpose for which the Personal Data was collected;

d. to request Jom N Go Fast to explain the policies and procedures regarding the data and types of Personal Data that Jom N Go Fast managed; and

e. to withdraw in whole or in part, the consent granted previously. This is subject to legal restrictions, existing contractual terms and a reasonable period of time. In the event the User wish to withdraw his consent, this may affect the Services provided to the User.

If the User wish to make a written request to access his Personal Data or correct and/or cancel his Personal Data retained by Jom N Go Fast or wish to obtain any information related to the policies and procedures and types of Personal Data managed by Jom N Go Fast, please contact the department/officer as below:-

Personal Data Officer:

Telephone No:

Email:

Address:

6.2 User Obligations

6.2.1 The User warrants to be the owner or authorised representative of the owner of the goods and accepts the T&C.

6.2.2 The User represent and warrant to comply with all applicable laws and regulations in relation to the nature, condition, packaging, handling, storage and carriage of the goods and the goods are not in any manner or condition prohibited by law, dangerous or hazardous or highly perishable.

6.2.3 The User further warrants that the goods to be delivered by a Driver does not contain or constitute:

a. Hunted animals; part of animals such as ivory, shark fin or other items which are made or processed from animal parts, including items which are not for human consumption; and items prohibited according to international treaties and/or applicable international laws;

b. Human organs, ashes, bones;

c. Firearms, ammunition, explosive materials, ignition equipment of all kinds such as gunpowder;

d. Illegal items including but not limited to counterfeit or pirated products; illegal drugs or addictive substances; illegal property or any materials which are against the applicable laws, regulations or rules stipulated by the federal, state or local government authorities, including the materials which the users have legal right of possession but are not allowed to partially or entirely move or send to other places;

e. Sharp or hazardous objects including but not limited to knives, swords, spears, and daggers;

f. Flammable materials of all kinds such as LPG and NGV;

g. Any items declared illegal by the country.

6.2.4 Jom N Go Fast and/or the Drivers reserve the right to decline delivery of the goods without prior notice to the User if Jom N Go Fast and/or the Drivers have any reasonable suspicion that the goods may contain or constitute illegal, unlawful or prohibited items as mentioned in this clause 6.2.Jom N Go Fast and/or the Drivers reserve the right to refuse the receipt and delivery of such goods.

6.2.5 The User shall at all times be responsible in ensuring the details provided to Jom N Go Fast and/or the Drivers are accurate and sufficient to enable the Drivers to complete the receipt and delivery of the goods.

6.3 Payment of Service

6.3.1 Jom N Go Fast represents on its best endeavour basis that all details and rates for the
Services together with any additional charges and/or fees which appear on this Platform are accurate; however there may be instances where errors may occur. In the event there is an error in the price of any Services which the Customer has ordered is discovered, the Customer shall be informed. The Customer shall be given the option to reconfirm the Booking Order at the corrected price or to cancel the Booking Order. In the event Jom N Go Fast is unable to contact the Customer the Customer’s Booking Order shall be cancelled

6.3.2 Jom N Go Fast has the absolute right to revise the rates, charges and/ or fees without giving prior notice to the User and such revised rates, charges and/or fees shall be bind the User.

6.3.3 Jom N Go Fast reserves the right to impose a cancellation fee in the following situations:-

i. for a “Scheduled” Service (exceeding 30 minutes), a base fare will be imposed if cancellation is made after the Driver arrives at the pickup location;

ii. for a “Deliver Now” Service, a base fare will be imposed if cancellation is made 5 minutes after a Driver is matched to the Customer’s Booking Order and/or after the Driver arrives at the pickup location;

iii. the Driver will give the Customer a phone call to confirm the Booking Order prior to departure. Once the Booking Order is confirmed, and the cancellation occurs after the scheduled time, 50% of the fees will be chargeable. Jom N Go Fast will assist the Driver in communicating the charges to the Customer.

iv. upon entering the pickup and delivery location in the Platform, the User will be notified of the price for the Service. By confirming the Booking Order, the User accept to pay the price quoted and additional charges may be imposed in accordance to the pricing portal as stated in clause 6.3.1.

6.3.4 Jom N Go Fast reserves the right to refund to the Customer a sum equivalent to the amount paid by the Customer in the event Jom N Go Fast fail to process the Booking Order requested by the Customer.

6.3.5 All sum credit to Jom N Go Fast are not exchangeable, returnable or refundable.

6.3.6 Jom N Go Fast shall not provide hard-copy receipts to the Customer and an electronic receipt will be provided to the Customer’s email address automatically upon the completion of the Booking Order.

6.4 Promotion

Jom N Go Fast reserves the right to revise, suspend or terminate all offer and/or promotion at any time without prior notice to the User.

The User acknowledge and agree that the access and use of the Platform and procurement of any transportation, logistics and/or delivery services is at all material times at the User’s own risk and Jom N Go Fast shall not be responsible for any lost, stolen, damaged or destroyed goods. The User agrees to procure insurance coverage on his own initiative for the goods that the User intends to insure.

The User hereby agrees that all the contents including any graphic, text, script, music, sound, photograph, image, art, video and other multimedia work or any combination thereof which is available on the Platform shall at all times owned exclusively by Jom N Go Fast. All rights and contents in the Platform which are not expressly granted to the User under this T&C, are at all times expressly reserved by Jom N Go Fast.

Neither Party shall be responsible for the delays or failure in the performance resulting from acts beyond the control of such Party provided the other party is notified and the first party uses its best endeavours to overcome the circumstances preventing its obligations from being carried out. Such acts shall include but not be limited to Acts of God, strike, lockouts, riots, and acts of war or terrorism, fire, floods or other natural disaster.

10.1 The content displayed on the Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Jom N Go Fastand its content providers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

10.2 Jom N Go Fast does not warrant the performance of the Platform or the compatibility of the Platform with the User’s device.

10.3 Jom N Go Fast does not make any representation or warranty in respect of the quality or timeliness of any transportation, logistical and/or delivery services provided by the Drivers. The User agrees to bear all risk arising out of the use of the Services and the User shall have no claim against Jom N Go Fast for the service provided by the Drivers. The User acknowledge and agree that Jom N Go Fast is not liable to the User and/or any third party in relation to the damage or destroy of goods to be transported and/or delivered by the Driver.

10.4 Nothing in these T&C shall exclude or limit Jom N Go Fast’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

The User agrees to indemnify, defend, hold harmless Jom N Go Fast, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from the User’s use of the Platform; the User’s breach of the T&C or the User’s violation of any third party’s right including the Driver.

12.1 The User shall not transfer or assign any rights, obligations or interests arise from this T&C wholly or partly to any third party without the prior written consent of Jom N Go Fast.

12.2 Jom N Go Fast may based on its sole discretion transfer or assign any rights, obligations or interests arise from this T&C wholly or partly to:-

a. a subsidiary or an affiliated company;
b. an acquirer of the Company’s business and/or equity; or
c. a successor as a result of a merger or acquisition.

In the event any of the provision of the T&C is held to be illegal, such provision or part thereof shall to that extent be excluded from this T&C whilst the remaining provision of the T&C shall remain valid and enforceable.

13.1 This Term and Condition shall be governed by the laws of Malaysia and its validity construction and performance shall be interpreted in accordance with Malaysian law.

13.2 The Courts in Malaysia shall have exclusive jurisdiction relating to all matters affecting or arising out of this Agreement and the parties hereto hereby submit to the exclusive jurisdiction of the Courts in Malaysia for these purposes and for the determination of all actions and proceedings arising out of this Agreement.

Any delay on the part of Jom N Go Fast to enforce or exercise any rights or remedies arising from the T&C shall not be deemed as a waiver by Jom N Go Fast in enforcing and exercising such right, power or remedy under the T&C.