1. Introduction
These terms and conditions govern end user (“you”, “your”) access to any of Shumanji (“we,” “us,” “our”) services. By signing up or otherwise using any of our services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Shumaji Service” or “Service”), or accessing any content or material that is made available through the Service (the “Content”) you are entering into a binding contract with Jayoninc plt (“Company”).
Your agreement with us includes these terms and any additional terms that you agree to (collectively, the “Agreements” or “Terms of Service”). If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Shumanji website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Shumanji Service or access any Content.
2. Change to the Agreements
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances. Your continued use of the Service after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account.
3. Service Options
3.1 Free Service
Several Service options are available to you when you create a Shumanji account. Certain options are provided to you free-of-charge. The Shumanji Service that does not require payment is currently referred to as the “Free Service.”
3.2 Paid Subscriptions
Other options require payment before you can access them (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Shumanji Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
3.3 Trials
From time to time, we may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Shumanji may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL.
4. Payments and Cancellations
4.1 Billing
You may purchase a Paid Subscription by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase.
Shumanji may change the price for the Paid Subscriptions, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Shumanji Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
4.2 Renewal and Cancellation
Your payment to Shumanji will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.
5. User Guidelines
- The following is not permitted for any reason whatsoever:
- Disable, hack, circumvent or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
- Use any metadata, meta tags or other hidden text utilizing a Shumanji name, trademark, URL or product name;
- Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Service to send altered, deceptive or false source-identifying information;
- Upload, submit, post, email, or otherwise transmit, via the Service, any Content or other materials that are, in the sole opinion of Company, unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libellous, vulgar or violent or constitute hate speech or are otherwise objectionable;
- Destroy, interfere with or disrupt, or attempt to interfere with or disrupt, any web pages available on the Site, servers or networks connected to the Site or the technical delivery systems of Company’s providers or break any requirements, procedures, policies or regulations of networks connected to the Site;
- Attempt to scan, probe or test the vulnerability of any Company system or network or breach, impair or circumvent any security or authentication measures protecting and providing security for the Service;
- Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Service;
- Attempt to search, meta-search or access the Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Company or other generally available third party web browsers (e.g., Chrome, Internet Explorer, Firefox, Safari), including, without limitation, any software that sends queries to the Site to determine how a website or web page ranks;
- Collect or store personal data about other users of the Service without their express and explicit permission;
- Misrepresent or impersonate your affiliation with any person or entity, through pretext or some other form of social engineering or otherwise commit fraud;
- Use the Service in any manner not permitted by the Terms of Service; or
- Instruct or encourage any other individual to do any of the foregoing or to breach and/or violate any of the Terms of Service.
- Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible
6. Warranty Disclaimer
THERE ARE NO REPRESENTATIONS OR WARRANTIES BY COMPANY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS OF SERVICE.
7. Limitation
In no event will Company, its officers, directors, employees or agents be liable to you for any damages whatsoever, including, without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use of the Site, Services, Company products or any Company content, no matter whether the damages are foreseeable and whether or not Company has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will Company’s aggregate liability to you exceed One Hundred Malaysian Ringgit (MYR 100).
8. Indemnification
You agree to indemnify and hold Shumanji harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any content you post or otherwise contribute; (3) any activity in which you engage on or through the Shumanji Service; and (4) your violation of any law or the rights of a third party.
9. Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Malaysia.