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Terms and Conditions
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
 
1.  Application and Acceptance of Terms and Conditions

1.1 BY ACCESSING, BROWSING OR USING THIS WEBSITE, www.J3sMart.com (“J3SMART”), INCLUDING WITHOUT LIMITATION REGISTERING AS A MEMBER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND IRREVOCABLY AGREE TO BE BOUND BY THE TERMS, CONDITIONS AND DISCLAIMERS HEREIN AND ANY AND ALL OTHER RELEVANT TRANSACTIONAL TERMS, RULES AND POLICIES OF J3SMART AS PUBLISHED ON THIS WEBSITE AND AS AMENDED OR MODIFIED FROM TIME TO TIME BY EXPRESS OR IMPLIED REFERENCE WHICH SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING ON J3SMART (COLLECTIVELY “the Terms and Conditions”).

1.2 Binding Agreement. You agree and accept that the Terms and Conditions form a legally binding agreement between you and J3SMART in relation to your use of this website. Please do not access to or use this website if you do not accept all of the Terms and Conditions.
   
 
2.  Membership and Transactions
 
2.1 Members Only.  J3SMART’s online product and services are only available to registered members. You must register as a Member to use this website.

2.2 Representations and Warranties.  You represent and warrant that:
(a)  you will use the J3SMART website in good faith and in compliance with all applicable laws and regulations;
(b)  all information and material you provide in connection with the use of the J3SMART website is true, lawful and accurate, and is not false, misleading or deceptive;
(c)  you will not use the services of and transactions on this website to defraud J3SMART, our affiliates, and/or other members or users of this website or engage in other unlawful activities;
(d) you will not infringe upon J3SMART or any third party’s intellectual property rights or be in breach of the laws governing protection of intellectual property including but not limited to copyright, trademark, and patent.

2.3 Refuse or Cancel Transactions.  J3SMART reserves the right, at its sole discretion, to refuse or cancel any online transaction or order for any reason at any time. Some situations that may result in an online transaction being rejected or canceled include where problems are identified by J3SMART’s credit and fraud control department, where there is reason to believe that the online transaction is unauthorized, violates any law, rules or regulations or may otherwise subject J3SMART or any of our affiliates to liability. 

2.4 Membership Termination. J3SMART also reserves the sole right and discretion to temporarily or permanently suspend or terminate any membership if a member is, in J3SMART’s opinion, not acting in good faith, abusing the services of this website, or otherwise in breach of the Terms and Conditions. 
If your membership is suspended or terminated for any reason, you are not eligible to use this website.  In the event that you have a valid Order pending at the time your membership is terminated, J3SMART shall have the sole discretion and authority to fulfill the order or to refund the payment made less any administrative or other charges which J3SMART considers appropriate. 

2.5 Restrictions and Limitation. J3SMART further reserves the sole right to impose additional restrictions, limitations and prohibitions on any online transaction.

2.6 Security Checks. J3SMART may also require additional verifications or information for any online transaction. After an order is placed at J3SMART, a Customer Service Representative may contact the member to verify the member’s details in an effort to minimize fraudulent transactions. J3SMART’s credit card merchant may also require new credit card transactions over a predetermined value be subject to a security check.

2.7 Indemnification.  You agree to indemnify J3SMART and our affiliates, employees, directors, officers, agents and representatives, and to hold them harmless from any dispute and/or litigation and any and all losses, damages, actions, claims and liabilities including legal fees and costs on a full indemnity basis which may arise from or in connection with or in relation to, directly or indirectly, your breach of the Terms and Conditions including without limitation any dispute and/or litigation filed by any third party. 
 
2.8  Collection and Use of Information. You acknowledge and agree that J3SMART may, through your use of this website, collect personal information from you and information about your online activities and transactions (collectively the “Collected Information”).  You acknowledge and agree that J3SMART is entitled to use the Collection Information to facilitate the administration, processing and operation of your online activities and transactions, to understand your interests and for marketing and promotion purposes as set out in our PRIVACY POLICY.

2.9 Disruption or Suspension of Systems
You agree that you will not hold J3SMART and our affiliates, employees, directors, officers, agents and representatives liable for any delay, default or failure in performing J3SMART’s obligations under the Terms and Conditions in the event you are unable to use this website, directly or indirectly, with or without notice, due to the disruption or suspension of systems or due to any Force Majeure event as defined in Clause 3 below.
 
3.  Force Majeure
Under no circumstances shall J3SMART and our affiliates, employees, directors, officers, agents and representatives be held liable for any disruption or suspension of systems and any delay, default or failure in performing their obligations under the Terms and Conditions resulting, directly or indirectly, from acts of nature or forces or causes beyond the said parties’ reasonable control including without limitation acts of God, internet failures, computers or any other equipment failures, telecommunication faults, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of supplies, terrorism, war, governmental actions, sanctions and orders of domestic or foreign courts or tribunals.

 
4.  Disclaimer and Limitation of Liability

4.1 Representation and Warranty.  You expressly agree that your use of the J3SMART website and your online transactions are solely at your own risk and J3SMART makes no representations or warranty regarding the products offered in this website including without limitation the accuracy, truthfulness and completeness of the products’ description and other information. The products and services offered are provided on the “as is”, “as available” and “with all faults” bases. J3SMART makes no representations or warranty that its services will be timely, uninterrupted or error free, or that the products and services will meet your requirements, or that the same type and extent of products and services shall be available at all times.

4.2 Exclusion and Limitation of Liabilities. Save as otherwise expressly provided in the Terms and Conditions, and to the full extent permitted by law, J3SMART shall not be responsible for or bear any incidental, consequential, direct or indirect, losses or damages whatsoever arising from, in connection with or as a result of your decision and judgment to use or otherwise rely on any information about the products and services offered, or your use or inability to use this website whether in contract, equity, tort, negligence or otherwise.

J3SMART AND OUR AFFILIATES FURTHER EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, UNDERTAKING AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WHICH HAVE NOT BEEN EXPRESSLY MADE BY J3SMART. ANY AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY DISCLAIMED AND EXCLUDED.

  5.  Notices 
 All notices must be in writing and shall be deemed given 24 hours after it is sent by email, unless the sending party has received notification that the email delivery has failed, and deemed to be given upon acknowledgement of receipt when a notice has been sent by courier services to the intended recipient’s last known address.  
 
6.  Dispute Resolution and Jurisdiction

6.1 If any dispute or claim (the “Dispute”) arises from or in connection with the use of J3SMART website and The Terms and Conditions, the party raising the dispute (the “Complainant”) must specify the details of the dispute by written notice (the “Dispute Notice”) to the other party, and the said parties must meet and attempt to resolve the Dispute through amicable negotiations in good faith or by mediation administered by a mutually appointed single mediator within ninety (90) business days from the date of receiving the Dispute Notice before instituting any legal proceedings.

 
6.2    In the event of any such Dispute, the records of J3SMART shall take precedence and be deemed conclusive evidence.

6.3 The use of J3SMART website and The Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of Negara Brunei Darussalam. By using the J3SMART website, you irrevocably consent to submit to the exclusive jurisdiction of the courts of Negara Brunei Darussalam and any legal action arising out of or by reason of the use of this website shall be brought within the exclusive jurisdiction of the courts of Negara Brunei Darussalam.

6.4 Nothing in this clause 5 prevents a party from seeking urgent interim relief before an appropriate Court in Negara Brunei Darussalam.
 
7.   General Terms
 
7.1 Entire Agreement. You agree that the Terms and Conditions constitute the entire agreement between you and J3SMART with respect to and govern the use of this website and your online activities and transactions unless otherwise expressly stated.
 
7.2 Severance. If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be deleted or deemed deleted and the remaining provisions shall remain valid and be enforced.
 
7.3 Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section(s).
 
7.5 No Waiver. Any delay or failure by J3SMART and our affiliates to exercise any of our rights under the Terms and Conditions shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach.  A waiver shall be effective only if made in writing by the relevant party.
 
7.6 Assignment. You agree that J3SMART shall have the right to assign any and all of our rights, titles, benefits, interests, and obligations and duties to any of our affiliates, or to any successor or legal assigns, and may delegate certain J3SMART’s duties and responsibilities under the Terms and Conditions to independent contractors or other third parties from time to time.