TERMS OF USE

Website Terms of Use

Last Reviewed: Jan 2025

1. INTRODUCTION

1.1 All access to and/or usage of this website is subject to and governed by these website Terms and Conditions (“Terms and Conditions”). The information on this website is not directed at any person in any country or jurisdiction whereby such distribution or use would be contrary to local statues or regulations.

1.2 As a user of this website (hereinafter referred to as “User” or “you”), you are advised to read these Terms and Conditions carefully. If you do not agree to be bound by these Terms and Conditions, you are prohibited from accessing or continuing to use this website.

1.3 Jada Platform Sdn Bhd shall be understood to be referred as “Jada”, and the terms “we”, “our”, and “us” shall be interpreted accordingly.

1.4 By using this website, you acknowledge that you have read, fully understood and accepted these Terms and Conditions and the Privacy Policy available on this website.

1.5 This website utilizes cookies to personalise the information and enhance the experience presented to you based on your preferences. By accessing this website, you hereby acknowledge and consent to our use of cookies in accordance with our policy.

2. USER’S RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES

2.1 You hereby acknowledge, understand and agree that:

(a) you are an individual of sound mind, full age and legal competence;

(b) you have the full power and lawful authority to observe and perform the responsibilities mentioned in these Terms and Conditions;

(d) you have read, understood and undertake to comply with these Terms and Conditions.

2.2 Further, you represent and warrant to Jada not to perform any of the following acts in relation to this website:

(a) upload, post, transmit, and/or otherwise make available any content that shall be deemed as unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

(b) forge captions, headings or titles or offer any content that you personally have no right pursuant to any law no having any contractual or fiduciary relationship with;

(c) upload, post, transmit, or offer any such content that may infringe any patent, copyright, trademark, or any other proprietary or intellectual rights or any other party;

(d) upload, post, transmit or offer any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

(e) upload, post, transmit or offer any unsolicited or unauthorized advertising, promotional flyers, junk mail, spam or any other form of solicitation, except in any such areas that may have been designated for such purpose;

(f) upload, post, transmit or offer any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

(g) disrupt the normal flow of communication, or act in any manner that would negatively affect other user’s ability to use or access this website;

(h) interfere with or disrupt any of Jada’s services, servers and/or networks that may be connected or related to this website, including but not limited to, the use of any device software and/or routine to bypass the networks;

(i) intentionally or unintentionally violate any local, state, federal, national or international laws, any rules or regulations of any nations or policies and guidelines of the Securities Commission Malaysia;

(j) stalk or harass another individual;

(k) collect or store any personal data in relation to any other use in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs;

(l) replicate, duplicate, copy, trade, sell and/or exploit for any commercial reason any part of, and/or use of, and/or access granted to this website;

(m) establishing a link in such a way so as to suggest any form of association, approval or endorsement on our part where no such connection exists;

(n) use our domain name or any part of it for any use which is not authorised by Jada;

(o) misuse this website by knowingly introducing viruses, trojans, worms, logic bombs and/or other materials that are malicious or technically harmful;

(p) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublease or create derivative works from this website; and

(q) use any network monitoring or discovery software to determine the website architecture of this website, or extract information about usage, individual identities or users.

3. JADA’S RIGHTS

3.1 We reserve our rights to:

(a) suspend, modify, amend and/or remove any access to this website;

(b) remove and/or delete any such content that would violate these Terms and Conditions or which would otherwise be considered offensive to other visitors and/or users;

(c) access, preserve and/or disclose account information if requested to do so under any applicable laws or regulations or in good faith:

(i) to comply with any law, regulatory authority or court orders;

(ii) to enforce these Terms and Conditions;

(iii) to respond any claim that this website contained content which is in violation of the rights of any third party;

(iv) to respond to your requests; and

(v) to protect the rights, property or the personal data of Jada, its visitors and users, including the general public.

(d) include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to the usage guidelines and regulations established by Jada or any other content providers supplying content services to Jada; and

(e) prohibit any unauthorised reproduction, publication, distribution and/or exhibition of any information or materials supplied by this website, in whole or in part.

3.2 This website is provided on an “as is” and/or “as available” basis without any kind of warranties whether express or implied. Jada does not provide any form of representation or warranty that this website will be secure or free from bugs and/or viruses nor that this website is fit for any purposes.

4. AMENDMENTS, SUSPENSION AND WITHDRAWAL OF WEBSITE

4.1 You acknowledge that Jada reserves the right to amend or update these Terms and Conditions at any time without prior notice to you. The amendment to these Terms and Conditions shall become effective immediately and shall be legally binding on you upon publishing of the amended Terms and Conditions on this website. Your continued usage of this website, after the posting or publication of any such updates, changes and/or modifications, acts as acceptance of the amended Terms and Conditions and your agreement to be bound by the amended Terms and Conditions. As such, frequent review of these Terms and Conditions should be made by you to ensure that you are aware of all the Terms and Conditions that are currently in effect. In the event you do not agree with the updated, revised or modified terms, you should stop using this website forthwith.

4.2 Jada does not guarantee that this website (including any content and links thereto) will always be available, uninterrupted or free from virus or bugs. We may suspend, withdraw and/or restrict the availability of this website or a part of it for business, operational or other reasons without any prior notice to you.

4.3 Jada shall not be liable for any direct or indirect loss or damages incurred and/or contributed due to:

(a) any faults in this website or any inability to access this website;

(b) your access or use of this website; or

5. DISCLAIMERS, EXCLUSION CLAUSES AND RISK WARNINGS

5.1 Any investment information presented on this website does not constitute as investment, tax, legal, regulatory or financial advice and is provided without consideration of specific investment objectives, financial circumstances or the particular needs of the User. The User understands and acknowledges that:

(a) all information published on this website is addressed to the general public solely for information purposes;

(b) mere explanation of the terms, transactions or performance characteristics is not tantamount to any advice on the merits of the investment;

(c) you should obtain professional advice before taking or refraining from taking any action and/or decision on the basis of any content on this website; and

(d) Jada expressly disclaims liability for any errors, virus, interruptions, losses, damages or inaccuracies in the information, products and/or services provided through this website.

5.2 Jada may, from time to time and as often as it deems appropriate, issue and/or distribute material or third-party material (“Material”), which contains information including but not limited to the conditions of the financial markets, on this website and other media and/or which is received by the User. It should be noted that the Material is issued solely for the purposes of marketing communication and does not contain, and should not be construed as containing, investment advice and/or an investment recommendation for any transactions. Whilst Jada undertakes all reasonable efforts to ensure the accuracy and completeness of the information, Jada makes no representations or warranties as to the accuracy or completeness of the Material and shall not be liable for any direct or indirect losses or damages for any inaccuracies or incompleteness of the information provided. The User shall only use the Material for personal use and shall not reproduce, copy, redistribute or license the Material without Jada’s consent.

5.3 As Jada or any third parties may provide links to other websites and/or resources, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising and/or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Jada shall not be responsible or liable, whether directly or indirectly, for any damage or loss which may be a result of, or caused or alleged to be caused by or in connection with the use of or the reliance on any content made available on or through any such website or resource.

5.4 Further, you hereby expressly acknowledge and agree that:

(a) the use of this website is solely at your own risk. The information and materials contained in or accessed through this website is provided on an “as is” and/or “as available” basis. Jada and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement;

(b) any information or material downloaded or otherwise obtained by or from this website shall be accessed solely at your discretion and risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, or for any loss of data that could result from the download of any such information or material;

(c) no advice and/or information, whether written or oral, that may be obtained by you from Jada or by way of and/or from our services or this website shall constitute any warranty or representation;

(d)live chat and instant messaging conversations are recorded and may be used for compliance or training purposes; and

(e) conversations on live chat and instant messaging are for your general information only and Jada does not solicit any action based upon it.

5.5 In no event shall Jada be liable to you or any other party for any damages, losses, claims, expenses or costs (including without limitation, any direct, indirect, special, incidental or consequential losses or damages, loss of profits or loss of opportunity) arising in connection with your use of this website, or reliance on any information or materials provided at this website, even if Jada had been advised of the possibility of such damages, losses, claims, expenses or costs.

6. PERSONAL DATA AND PRIVACY

6.1 Jada may record all communications between you and Jada in any form, including but not limited to telephone calls, emails, faxes, online chatting messengers, mobile messages, notices and letters (“Information”) for quality monitoring, training, regulatory and compliance purposes.

6.2 The User agrees and undertakes to keep confidential and not disclose to any person, other than to its professional advisors, directors, officers or employees any of the Information provided to it by Jada which in any way relates to these Terms and Conditions and the matters contemplated herein except:

(a) with the prior written consent of Jada;

(b) as may be required by law or any regulatory authority;

(d) in accordance with the order of a court of competent jurisdiction.

6.3 The User agrees not to use any of the information provided by Jada in any way other than to perform any obligations and rights under these Terms and Conditions.

6.4 When you access this website, request for information and/or sign up for our services and products, you may be required to provide us with your personal data. Examples of such personal data may include your name, identification number, telephone number(s), mailing address, email address and any other information. In doing so, you agree and consent to Jada as well as our respective agents, business partners, service providers and relevant third parties collecting, using, disclosing and/or sharing your personal data in accordance with Jada’s Privacy Policy (as may be modified from time to time), which is available on this website. You have a choice, at any time, not to provide your personal data or to withdraw your consent to Jada processing your personal data. However, the failure to provide us with your personal data or a withdrawal of your consent may render us unable to provide you with effective services and products.

7. JADA’S INTELLECTUAL PROPERTY RIGHTS

7.1 You hereby acknowledge, understand and agree that the trademarks, copyrights, trade name, service marks, logos, any brand features and all other intellectual property rights in the contents of this website (including but not limited to all materials, text, images, design, sounds, graphics and video sequences) are and shall remain the sole and exclusive property of Jada and/or its licensors. You agree that you shall not do anything that will violate or infringe such intellectual property rights and, in particular, you shall not copy, download, publish, distribute, transmit, disseminate, sell, broadcast, circulate, exploit (whether for commercial benefit or otherwise) or reproduce any of the information or content contained in or provided on or via this website in any form without the prior written permission of Jada or its licensor(s). Further, no part or parts of this website may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Jada or its licensor(s). You may access and view this website, and may save an electronic copy or print out a copy of the materials on this website, solely for your own personal and non-commercial use, and provided that you retain all copyright and other proprietary notices contained in the materials.

7.2 You undertake not to:

(a) copy, reproduce, translate, duplicate, use, enhance, decompile, decode, disassemble, distribute, sell, transmit, lend, pledge, transfer, alter, tamper, amend, modify reverse engineer, sub-lease, make commercial use or commercially exploit this website or its source code;

(b) publish, distribute, make available or link to third parties any information derived from this website;

(d) upload or transmit any computer virus or other programmes to disrupt or destroy the normal operation of this website;

(e) create or use any domain name, which contains the same words or identically similar words to our domain name;

(f) display and/or use in any manner Jada’s logo or marks without obtaining Jada’s prior written consent; and

(g) use this website in any manner not permitted by this Terms and Conditions.

7.3 Any rights relating to this website not expressly granted herein are reserved. Save as expressly provided otherwise in these Terms and Conditions, you acknowledge that you are not granted any licence, interest or right by virtue of your use of or access to this website.

8. INDEMNITY

8.1 You agree and undertake to indemnify and hold Jada, Jada’s associates, related companies, third-party service providers and licensors (collectively, “Indemnitees”) harmless from and against all damages, losses, expenses and costs (including legal and administrative costs and expenses) suffered, incurred or sustained by any Indemnitee, or to which that Indemnitee becomes subject, resulting from, arising out of or relating to:

(a) your access or use of this website or the information, materials, data and contents made available through this website;

(b) any other party’s access of this website using your User ID and/or login password;

(d) any other party’s breach of any of these Terms and Conditions where such party was able to access this website by using your User ID and/or login password.

9. GOVERNING LAW AND JURISDICTION

9.1 These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of Malaysia. You agree to submit to the non-exclusive jurisdiction of the courts of Malaysia.

9.2 Nothing in these Terms and Conditions shall limit or prohibit Jada’s right to initiate legal proceedings against the User in other courts of competent jurisdiction, and the legal proceedings in one or more jurisdictions shall not preclude the initiation of legal proceedings in any other jurisdiction.

10. MISCELLANEOUS

10.1 Without prejudice to any other rights or remedies a party may have, you acknowledge and agree that damages may not be an adequate remedy for any breach of this Terms and Conditions and the Indemnitees shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this Terms and Conditions.

10.2 The exercise, non-exercise, or delay in the exercise of any right, power, or privilege vested in Jada shall not be construed as a waiver of that right, power or privilege, nor of any other right, power or privilege. Furthermore, the single or partial exercise of any right, power or privilege by Jada shall not preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. Any waiver by Jada of a breach of any provision of these Terms and Conditions shall not be considered as a waiver of any subsequent breach of the same or any other provision hereof.

10.3 If any provision of these Terms and Conditions or the application thereof to any situation or circumstance shall be rendered invalid or unenforceable, the remainder of these
Terms and Conditions shall not be affected, and each remaining provision shall be valid and enforceable to the fullest extent and Jada has the option to either remove the invalid or unenforceable provision or to replace the invalid or unenforceable provision with valid and enforceable provision.

10.4 Unless otherwise provided, the rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any right or remedy otherwise provided by law.

10.5 The official language of these Terms and Conditions shall be English. Jada may provide these Terms and Conditions in other languages for information purposes only and in the event of any inconsistency or discrepancy between the English version of these Terms and Conditions and any other language version, the English version shall prevail.