Terms and Conditions

JomParkir, offer services for a parking payment solution (the “Service”) by the mobile application (“App” or “JomParking”), and on the website www.jomparking.com (the “Website”). These terms and conditions (T&C) of use governs your use of the Website and App and forms a contract between you and JomParkir.

You are advised to read these Terms and Conditions carefully before you start to use the Website. By browsing, accessing or using the Website or any Services (as defined below) available through it, you hereby indicate that you agree and accept to these Terms and Conditions and that you agree to abide by them. Your use of any part of the Website constitutes your acceptance of these Terms and Conditions which takes effect on the date on which you first use the Website. If you do not agree with these Terms and Conditions, you should cease using the Website immediately.

We reserve the right to amend these Terms and Conditions at any time without notice to you by posting changes online. You are responsible to regularly review information posted in the Website to obtain timely notice of such changes. If you do not wish to be bound by these amended Terms and Conditions, you have the right to delete all of your accounts on our Website and/or to remove our mobile applications. However, your continue use of our Website after changes are posted will be deemed to constitute acceptance of the amended Terms and Conditions.

1. Period of Agreement

This Agreement shall take effect from the date of commencement of the Service when the Customer's Mobile Telephone is connected or the Customer's account is Activated and shall continue to be in force until terminated in accordance with the terms and conditions of this Agreement.

2. Your Account

Creation of Account

In order to use the Service, you are required to register an account with us. We will perform/process to validate the identity before approving your application. We have the absolute discretion to accept and/or reject your application. Our decision is conclusive and binding on you and you have no right to question our decision.
Accuracy of your information

You must provide us with accurate and complete information and keep that information accurate, complete and up-to-date. We may but have no obligation, whether express or implied, to verify the accuracy and authenticity of any information provided by you. Please take note that we have the right to suspend, and/or forthwith terminate your use of the Service if the information provided by you is untrue, inaccurate, not current or incomplete, or we suspect that such information provided by you is untrue, inaccurate, not current or incomplete.
Security

You play an important role in safeguarding any Transaction made through your mobile device. We recommend you take the following steps. These steps are not exhaustive: -
1. enable password on your mobile device;
2. avoid using public WIFI networks;
3. install applications from sources you trust;
4. keep your login credential secure and confidential;
5. create a unique password for Account; and
6. monitor your Account activity.
You are responsible for all activities that occur under your Account. You must immediately notify us of any unauthorised use of your Account, or breach of security. We will not be liable for any loss of parking tokens in your mobile app.
Parking Tokens
1. The Service is only available on a mobile device. Any Transaction and/or communication sent from your mobile app shall be deemed to have been transacted and/or sent by you irrespective of whether such transaction and/or communications were actually sent by you or not. You shall be personally liable and responsible for the use of your mobile app including but not limited to all transactions undertaken and/or transacted using the mobile app once the said transaction has been authenticated irrespective of whether the transactions is undertaken and/or transacted by you unless it can be established that such transaction and/or communication was erroneously transacted due to our error.
2. You should frequently review your mobile app to check and verify your Available Balance before using your app. You must always ensure that there are sufficient funds in your app for each Transaction and to cover the total amount Transacted on your app, including purchases, recurring transactions, cash withdrawals, fees and other charges. If the total amount in your app is insufficient, your transaction will be declined.
Top-Up and Deduction
1. Top-Up can only be in Ringgit Malaysia and once the Account is activated, have performed a Top-Up, you may start using your mobile app to make Transaction with JomParkir. Each time you use the mobile app to perform a Transaction, you authorise us to deduct the parking tokens from your app.
2. We shall not be liable to you in the event of delay in crediting of such parking tokens into your mobile app account where such delay is not attributable to our fault.
3. All Top-Ups shall not be considered to have been made until all relevant funds have been received and reflected in your mobile app account.
4. We reserve the right to suspend, revoke and/or block any Top-Up to your mobile app account if we discover or have been informed by any third parties including the Appropriate Authority to be irregular, suspicious, illegal or unauthorized.
Dormant Account

We will terminate your Account if your Account has been dormant for a minimum of three (3) years with no remaining Parking Tokens.

3. Payment & Processing

Please note that the payments collected through the Payment Service for the use of the Services are collected on behalf of the Parking Operators or Local councils (“the respective parties”).
The parking fees will be set by the local council or parking operators based on the applicable locations and shall be subject to any minimum or block charges that may be determined by the respective parties local council or JomParkir. Where applicable, the customer shall be able to purchase parking token for the duration in certain circumstances, the customer may make such purchases in advance. The third respective parties local council or parking operators or JomParkir may increase any car parking charges or change any payment method with or without any notice to you whereupon such changes will be reflected in the Service.
For avoidance of doubt, all usage of parking tokens for payment towards the duration of the parking charges as stipulated by the local council shall be linked to the car registration number as provided and/or selected by the user and as in accordance with the relevant By-Laws enforced by relevant local councils.
The receipt for any payments made by the customer for the car parking charges shall be available on the member’s portal which is accessible on the app.
Once any payment for the purchase of the Parking Tokens and/or the usage of Parking Tokens for the car parking charges has been finalized and confirmed, the customer will not be able to obtain any refund and there shall be no cancellation, transfer or modification of the payment and/or the car registration number.
The user shall be responsible to ensure the accuracy of the location and area where the user intended to pay for parking as well as the car registration number.
The user acknowledges that any wrong payment may result in a compound, fine and/or summons from the local council or any other relevant authorities for non-payment of parking. JomParkir shall not be liable for such mistakes by the customer and JomParkir shall not be responsible to assist with any appeals made by the user.
In the event the customer shall make payment for any third party(s), including but not limited to friend(s) and family(s), the customer shall be solely responsible for such third party(s) and shall ensure that the third party(s) shall abide by the terms and conditions herein.

4. Parking Token Sharing Service

The user (the “Primary user”) may elect to share its Parking tokens available with a selected individual or family member (the “Secondary User”). Upon completing the necessary verifications and confirmation, the Secondary User will be able to make payments belonging to the Primary User.
The Primary User acknowledges and agrees that by utilizing this Parking Token Sharing Service, the Primary User will be liable for the usage of the Parking Token of the Secondary User.
JomParkir shall not be liable for any wrongful usage, negligence, over usage, fraud, theft or any such actions by parties not within JomParkir’s control or due to any reason whatsoever.

5. Customer’s Responsibility

The customer shall:-
1. Use the Service and accept full risk and responsibility in doing so;
2. Report immediately to JomParkir upon the discovery of any fraud, theft, unauthorised usage, abnormality in the Customer's bill statement or any other occurrence of unlawful nature in respect of the use of the Service or the Mobile Telephone within 24 hours from such discovery;
3. Comply with all notices or changes made by JomParkir including any upgrading of the JomParkir system as required by JomParkir;
4. Be responsible for all equipment and software necessary to use the Service and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service; and/or
5. Not use, permit or cause to be used the Service improperly or for any activities which breach any laws, infringe a third party's rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require JomParkir to take remedial action under any applicable industry code or in a way which interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the Internet.

6. Rights and Liability of JomParkir

JomParkir shall not be liable to any Customer, any third party and/or persons authorised by or claiming through a Customer for any loss caused, damage incurred whether direct, indirect, special or suffered by any person or any personal property arising from:
1. any upgrading or modification to the Service as it deems necessary for the proper and efficient functioning of the JomParkir system including terminating the Service due to obsolescence of the mobile phone or the JomParkir system;
2. the use or operation of the mobile phone by any Customer or persons authorised by the Customer to use such equipment;
3. a malfunction, defect or loss of the mobile phone and/or the Service and/or the JomParkir system for whatever reasons;
4. any interruption to and/or suspension of the Service;
5. any inconvenience caused to any Customer or any persons authorised by the Customer; and/or
6. using Information obtained via the Service or the Internet including, but not limited to, any damage to or loss of data caused by a virus or similar program.
JomParkir at its sole and absolute discretion reserves the right at any time without being liable to the Customer or any third party whatsoever, to:
1. discontinue, disconnect, interrupt, bar or suspend the Service for such period of time as JomParkir shall deem fit for any of the following reasons or any other reason whatsoever:
  1. to make any upgrading and/or modification to the JomParkir system and/or the Service for its proper and efficient functioning;
  2. for the purpose of testing or correcting any malfunctioning of the JomParkir system;
  3. if the license to operate the JomParking system is terminated, suspended or any other action as required by the relevant authorities and/or laws and regulations;
  4. a breach of any term or condition of this Agreement by the Customer;
  5. where the Customer shall be adjudged bankrupt or commits an act of bankruptcy or in the case where the Customer is a company shall be wound up or have a receiver or manager appointed; and/or
  6. on suspicion of fraud, or on suspicion of any illegal practice or on suspicion of any unusual activity in respect of the Customer's Account with JomParkir.
2. vary, add to or delete any of the terms and conditions of this Agreement without the need to provide any prior notice to the Customer and which shall take effect on such date determined fit by JomParkir and whereby the Customer with continued usage of the Service shall be immediately bound by the same.
JomParkir shall not be liable to the Customer or any third party for any claims for libel, slander, or infringement of copyright arising from the transmission and/or receipt of data and materials in connection with the Service and all other claims arising out of any act or omission of the Customer or any person authorised by the Customer in connection with the Service.
The Customer shall indemnify and hold JomParkir harmless against all claims, proceedings, actions, demands and losses which may arise as a result of the Customer's use of the Service or any act or omission of the Customer.
In the event of any dispute/claim of ownership of the Customer's Account, the onus of proving ownership, to the satisfaction of JomParkir, shall lie on the Customer. In the event the Customer is unable to do so, the matter shall then be referred to the Police and/or the Malaysian courts. JomParkir shall not be liable for any loss, damage or claim which may be caused to the Customer from or through the re-registration/termination/transfer/suspension of the Service in respect of the Customer's Account pending determination of ownership or subsequent thereto.
Upon termination of this Agreement, JomParkir reserves the right to retain the Prepaid Credit (if any) for such period as JomParkir shall deem fit for the settlement of any outstanding dues or charges payable by the Customer.
JomParkir reserves the right to suspend and/or terminate the Account in the case of suspected Commercial Gain activity not limited to any voice and/or data or broadband services and promotions offered.
It is agreed that, upon disclosure of any Information at any time, it is deemed that the Customer has consented to allow JomParkir the right to use such Information for provision of Services herein, credit assessment and enforcement, Service and process enhancements in improving Customer's convenience, promotional and marketing purposes. In the event that such consent is retracted, JomParkir shall have the right to automatically terminate the Services or any part thereof.
The Customer accepts that JomParkir may revise and/or modify the terms of the Agreement. In the event of such revision and/or modification, JomParkir shall communicate such revision and/or modification at JomParkir 's website or the JomParkir System application. In the event such communication is made, the Customer agrees that by continuing to use the Products and Services after such notification, that the Customer agrees to be bound by, accepts and/or consents to such revision and/or modification.

7. Force Majeure

JomParkir shall not be liable for any breach of this Agreement caused by an act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of Government or other local authorities, industrial disputes of any kind, fire, lightning, explosions, flood, landslides, subsidence, inclement weather, acts or omissions of persons or bodies for whom JomParkir is not responsible or any other cause whether similar or dissimilar outside of JomParkir's control.

8. Waiver

The Customer shall upon executing this Agreement, consents and permits JomParkir to use/disclose the Customer's personal data for purposes including the provision of the Service including but not limited to data matching, Credit Checking, for any other purpose deemed to be in the interest of JomParkir and for compliance of any laws and regulations.

9. Miscellaneous

This Agreement shall be subject to the laws of Malaysia and the parties hereto shall submit to the exclusive jurisdiction of the courts of Malaysia.
Any notice which may be given under this Agreement shall be in writing and deemed duly given to the other party if delivered by hand or sent by ordinary post to the address as stated in this Agreement or his/her last known address or by electronic means which includes application messenger, SMS, email and fax and shall be deemed to have been served at the time when it is delivered if by hand and in the ordinary course of post it would have been so delivered if by post and if by electronic means it would have been so delivered at the date and time sent.
In this Agreement where the context requires, words importing the singular shall include the plural and vice versa and the masculine gender shall include the feminine and neuter genders, shall include natural persons, corporations, partnership and associations. Headings to the clauses herein are for convenience of reference only and shall not affect the construction thereof.
The Customer shall not assign this Agreement or any part thereof without the prior written consent of JomParkir. JomParkir shall be at liberty at anytime without the concurrence of and without notice to the Customer to assign and/or transfer all or any part of its rights and obligations under this Agreement (or any related Agreement) to such persons as it deems fit and upon such assignment or transfer the assignee or transferee shall assume and be entitled to the rights, interests and obligations under this Agreement (or any related Agreement) as if it had been the party to the agreement in place of JomParkir.
If one or more of the provisions of the terms and conditions of this Agreement shall be invalid, illegal or unenforceable under any applicable law or decision, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision(s) shall be deemed deleted.
Failure by JomParkir to exercise any or all of its rights under the terms and conditions of this Agreement or any partial exercise of a right, shall not act as a waiver of such rights and such rights may be exercised without having to wait for the occurrence or re-occurrence of a similar or any other event giving rise to such rights.
JomParkir reserves the absolute right to verify any information stated in the registration agreement and reserves the right to reject and/or seek such further clarification from the Customer or any other source as deemed necessary to establish the identity of the Customer (including but not limited to subsequent verification for recovery purposes); and such action shall not be considered defamatory or an invasion of privacy nor be the subject of any legal proceedings.
This Agreement shall be binding upon the successors in title and permitted assigns of the parties hereto.
Except for inconsistent terms in agreements signed with enterprise Customers, in the event of any inconsistency between the terms and conditions of this Agreement with any other terms and conditions of any promotions or agreements, the terms and conditions of this Agreement shall prevail. Inconsistent terms in agreement signed with enterprise Customers shall prevail over terms in the registration agreement.
The Customer agrees that print-outs and reproductions of all documents and records pertaining to the Customer, either directly or otherwise, from JomParkir's computer system(s)/records shall be admissible in any court of law and conclusive documents, if any.
JomParkir reserves the right at its absolute discretion to vary, delete or add to any of the terms and conditions from time to time without prior notice and any modifications and/or changes shall be published in JomParkir's Terms & Conditions section or may be notified to the Customer by way as JomParkir may deem fit. Continued use of the Service following any amendment or changes to the terms and conditions constitutes an acceptance to those changes. Customers are advised to visit the website periodically to review the terms and conditions of this Agreement for any amendment or changes made by JomParkir.
JomParkir shall not be liable for any cost, loss or damage (whether direct or indirect) of for loss of revenue, loss of profits or any consequential loss whatsoever as a result of the Customer's use and utilization of the Service.
The Customer hereby agrees and acknowledges that JomParkir may send notifications and communications periodically as JomParkir deems appropriate; and the Customer hereby consents to receiving the same.

10. Data Protection Obligations

JomParkir is required to comply with the provisions of the Personal Data Protection Act 2010 and JomParkir stands by JomParkir's privacy policy notice ("Privacy Notice") when dealing with the Customer's Personal Information.
JomParkir Privacy Notice is made available to the Customer via JomParkir's website, mobile application, Online Customer Service and hardcopies of the same can also be made available to the Customer upon written request.
The Customer agrees and accepts that the Privacy Notice forms an integral part of the terms and conditions of the use of the Products and Service.
For the purposes of this clause, unless otherwise defined herein and except where the context otherwise provides, all capitalised words and expressions defined in the Privacy Notice shall have the same meanings when used or referenced to herein.
The Customer agrees and accepts that by registering and/or continuing to use the Products and Services, the Customer authorises and consents to the Customer's Personal Information being processed by and where required, disclosed to classes of third parties as identified by JomParkir for the purposes of JomParkir providing the Products and Services to you. For the avoidance of doubt, the Customer also hereby also explicitly consents to JomParkir processing any sensitive personal data relevant for such purposes.
The Customer further agrees and accepts that it is a condition of JomParkir providing the Products and Services to the Customer that the Customer provide JomParkir with the accurate and complete Personal Information of yourself and/or any relevant person (including their consents) for purposes of the acquiring and/or subscription of the Product and Services.
The Customer accepts that JomParkir may be required to revise and/or modify the Privacy Notice and/or JomParkir's privacy policy or notice from time to time. In the event of such revision and/or modification, JomParkir will communicate such revision and/or modification at JomParkir's website. In this regard, the Customer agrees that by continuing to use the Products and Services after such notification, that the Customer agrees to be bound by, accepts and/or consents to such revision and/or modification.

11. Disclaimer

By accessing JomParkir's domain and/or World Wide Web ("the Webpages") pages or using the JomParkir System Application, you agree to the following terms. You must not access or ceased to use our pages if you do not agree to all the terms as provided below.

The information on this server are protected by copyright © 2020 JomParking. All rights reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of JomParkir is prohibited except in accordance with the following permission. JomParkir consents to you storing on your computer or printing copies of extracts from these pages for your personal non - commercial use only. Individual documents in our World Wide Web pages may be subject to additional terms indicated in those documents.

"JomParkir" and JomParking® are the registered trademark symbol of JomParkir Sdn Bhd. Third parties' product and service names profiled herein are trademarks and service marks of their respective companies. Nothing contained shall be construed as conferring or transferring a license of JomParkir's intellectual property rights on you.

The information on this Webpage server is provided "as is". Except as required by applicable law and except to the extent that this disclaimer (or part) is held to be invalid no warranty of any kind, either express or implied, including any implied warranty of merchantability or fitness for a purpose is made in relation to the accuracy, reliability, completeness or content of the pages. The information contained in the Webpages herein may include technical inaccuracies or typographical errors.

JomParkir reserves the right to revise, vary, amend the pages or withdraw access to them at any time. JomParkir assumes no responsibility for material created or published by third parties that JomParkir's World Wide Web pages have a link to as the material has not been verified or authenticated by JomParkir.

JomParkir shall not be responsible for any damages or losses suffered as a result of your use of the information in the Webpages and in no event shall JomParkir be liable for any indirect punitive or consequential damage howsoever arising from your use of the Webpages or the information contained herein.

Please note that the content published on our platform is sourced from various service providers with careful measures in place to ensure the material is properly sourced/ appropriately attributed to the rightful owners. However, if there is any contention whatsoever on the copyright or ownership of said material featured on our platform, you can seek clarification via PM to us on FB or e-mail us at support@jomparking.com