OWNERSHIP

This Site is owned and operated by SOJO TECHNOLOGY SDN BHD. All information and images on this website/app are owned by SOJO or its partners / contributors and are protected by International copyright laws and international treaty provisions. SOJO retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from SOJO, if you fail to comply with any provision of this agreement. Upon termination, you must delete and destroy all materials obtained from this site, copies, and related documentation thereof. In addition, SOJO reserves the right to terminate this site without notice.

AUTHORIZED USE

Any Content received by you from this Site, including, without limitation, any data, info, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the ‘Content’) is licensed to you by SOJO. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the SOJO End User License Agreement (EULA) and any relevant Licensing Agreements.

LINKS TO THIRD PARTY SITES

SOJO provides links to third-party sites as a convenience to you. SOJO does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by SOJO of such sites. SOJO is not responsible for the content of any linked sites.

YOU REPRESENT, WARRANT AND COVENANT THAT:

You are at least 16 (if You are residing in Malaysia) / 18 years of age (if You reside everywhere else aside from Malaysia) and have the right to enter into this Agreement;

  • You will not use the Content in any way that is not permitted by this Agreement, EULA, or any other relevant licensing agreements;
  • Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities, or any third party;
  • The information you provide to SOJO is accurate and true, including without limitation all credit card information;
  • You agree that all passwords to your SOJO account are to be held in the strictest confidentiality. You may not share or disclose any password or login information to any other user or a third party other than as specifically provided for herein.

If you breach any provision of this section, we shall be entitled to

  • terminate this Agreement immediately with notice to you.
  • retain all unpaid payments pursuant to this Agreement and.
  • seek any legal or equitable remedies.

REAL-TIME PRICING AND INFORMATION

SOJO has used many reasonable efforts to ensure that the pricing and information stated on the Site are accurate, however, you acknowledge that there are possibilities due to genuine error that the Content’s information is incorrect or the Content is not priced as expected.

LIMITATION OF REMEDIES

Cancellation / Expiration of Subscription: In the event, this Agreement is not terminated but the subscription period has been canceled or has expired, you may not be entitled to the benefits of the additional facilities for/as subscribers.
No Monetary Damages: Under no circumstances whatsoever will SOJO be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, general, punitive, incidental, or consequential damages arising out of the use or inability to use the Content even if SOJO or a distributor authorized by SOJO has been advised of the possibility of such damages, or for any claim by any other party.

INDEMNIFICATION

You agree to fully defend and indemnify SOJO, its employees, directors, and officers, and anyone else associated with SOJO, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys’ fees and expenses, arising from the breach of the warranty above or these Terms.

USAGE

SOJO reserves the right to change and amend the prices of any subscription package and download sizes without prior notice to you. However, SOJO will always endeavor to notify you of any impending price changes.

SUBSCRIPTION PLANS

  • There shall be no extension of the subscription period if you fail to download any Content due to Internet connectivity problems. SOJO will extend the ‘lost days’ only if the SOJO server is inaccessible worldwide (i.e. system down) for a continuous duration of 1 week or more according to request with subject to approval and SOJO discretion.
  • Subscription Content will no longer be available once the subscription period ends.
  • Auto-Renewal subscription plans will be notified within 5 days before they expired. In such a situation, should there is no verbal request or any forms of communication being relayed to SOJO, auto-renewal will proceed accordingly from the balance of SOJOPay credit. Otherwise, you may not be entitled to the benefits of the additional facilities for/as subscribers.
  • You may suspend Auto Renewal at any time by contacting Customer Careline.

NO WAIVER

Failure by SOJO to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

REFUND POLICY

  • All subscription transactions and sales charges transact in the SOJO website or application platform are NON-REFUNDABLE.
  • All trading transactions between Buyer, Seller, and third parties involved through SOJO’s website or application platform are fully held responsible by all parties. SOJO will not be held responsible for any REFUNDABLE request among all parties and transactions.

JURISDICTION

The establishment, effectiveness, interpretation and execution of this Agreement shall all be governed by the law of Malaysia, subject to its jurisdiction, and without regard to the conflict of laws principles.

All disputes arising in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree to submit the dispute to Malaysia International Arbitration Centre for arbitration in Malaysia which shall be conducted in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.

  • You acknowledge and agree that any breach of any covenant, representations, and warranties contained in this Agreement would cause irreparable injury to SOJO such that damages and remedies under Malaysian Law for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of Malaysia, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.

LEGAL FEES

If SOJO is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse SOJO for its legal fees, costs, and disbursements if SOJO is successful.

ASSIGNABILITY

You may not assign or transfer to anyone the rights granted to you in this Agreement, without SOJO’s prior written consent.

ENTIRE CONTRACT

You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and SOJO, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and SOJO relating to the subject of this agreement. The explanations to FAQs and other explanations and content provided on the SOJO website are for your information only and are not, and shall not be construed as, part of this agreement.

SEVERABILITY

Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties intentions.

PRIVACY POLICY

We only use your information as described in the Privacy Policy which is incorporated into these Terms and Conditions by reference.

You further agree that by your continued use of the site, you agree to the terms of our Terms of Use and Privacy Policy. If you do not agree to your information being used in the manner stated in our Privacy Policy, please cease from using the service(s) provided by SOJO.

PROMOTIONAL LOGO

Your continued use of the Content, services and/or Sites implies your full consent to SOJO’s use of your corporate / business identity logos for promotional purposes of SOJO without the need for payment of any consideration thereof.

PRIVACY NOTICE

What does this policy cover?

This policy describes how SOJO TECHNOLOGY SDN BHD and other companies in our group (also referred to as ‘ SOJO’, ‘we’ or ‘us’) will make use of your data to purchase services from our website.

It also describes your data protection rights, including a right to object to some of the processing which SOJO carries out.

SUMMARY OF HOW WE USE YOUR DATA

SOJO uses your personal data to manage your relationship with us, allow you to purchase services from us, deal with invoicing and ensure that we can communicate with you efficiently.

Data is shared with other members of the SOJO group of companies and third party agents who assist us with the sale and provision of our services.
Where we rely on your consent, such as for direct marketing, you can withdraw this consent at any time.

WHAT INFORMATION DO WE COLLECT? 

We collect and process personal data about you when you interact with us in-app and on our websites, and when you purchase services from us. This includes:

  • your name
  • your email address
  • your phone number
  • your address
  • your payment details (including your billing address or PayPal account or bank details, as appropriate)
  • information related to the browser or device you use to access our website;

HOW DO WE USE THIS INFORMATION, AND WHAT IS THE LEGAL BASIS FOR THIS USE?

We process this personal data for the following purposes:

  • To fulfill a contract, or take steps linked to a contract: this is relevant where you make a purchase from us. This includes:
  • verifying your identity.
  • taking payments
  • communicating with you.
  • providing customer services and arranging the delivery or other provision of services;
  • Where we have a legitimate interest. This includes;
  • providing an enhanced online user experience such as ‘likebox’.
  • to conduct research, analysis and analytics.
  • Where you give us consent:
  • we will send you any forms of direct marketing in relation to our relevant products and services, or other products and services provided by us, our affiliates (Authorized Agent), and selected partners.
  • we place cookies and use similar technologies in accordance with our Cookies Policy and the information provided to you when those technologies are used.
  • on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.

WITHDRAWING CONSENT OR OTHERWISE OBJECTING TO DIRECT MARKETING

Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests.  You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting us using the details set out below.

WHAT RIGHTS DO I HAVE?

You have the right to ask us for a copy of your personal data; to correct, delete, or restrict (stop any active) processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured machine-readable format.

In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirements, or where we are using the data for direct marketing).

These rights may be limited, for example, if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.

To exercise any of these rights, you can get in touch with us – or our data protection officer – using the details set out below. If you have unresolved concerns, you have the right to complain to a Malaysian data protection authority where you live, work, or where you believe a breach may have occurred.

HOW DO I GET IN TOUCH WITH YOU?

We hope that we can satisfy queries you may have about the way we process your data. If you have any concerns about how we process your data or would like to opt-out of direct marketing, you can get in touch at enquiries@sojo.com.my.

WHICH SOJO ENTITY IS MY DATA CONTROLLER, AND WHICH AFFILIATES MIGHT MY DATA BE SHARED WITH?

The data controller for your information is SOJO TECHNOLOGY SDN BHD.  Your personal data may be shared with other members of our group and certain third-party agents.

HOW LONG WILL YOU RETAIN MY DATA?

Where we process registration data, we do this for as long as you are an active user of our sites.

Where we process personal data for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data so that we can respect your request in the future.

Where we process personal data in connection with performing a contract, we keep the transactional data for seven years from your last interaction with us (or such a longer period as may be required by law).

TOP UP OF SOJOPAY CREDITS

  • The SOJOPay Credits may be top-up from a designated account with a licensed onshore bank in Malaysia in the name of the user, the details of which shall be notified to the Company via the provisions of the Application.
  • The Company has the right to restrict the top-up of all or a portion of the SOJOPay Credits in a SOJOPay e-wallet for a defined period of time for risk management purposes in lieu of potential future claims, chargebacks, or reversals.
  • The SOJOPay Credits are available for top-up via FPX transfer licensed onshore bank in Malaysia, Debit / Credit Card through payment gateway service provider.

WITHDRAWAL OF SOJOPAY CREDITS

  • The SOJOPay Credits maybe top-up from a designated account with a licensed onshore bank in Malaysia in the name of the user, the details of which shall be notified to the Company via the provisions of the Application.
  • The Company has the right to restrict the top-up of all or a portion of the SOJOPay Credits in a SOJOPay e-wallet for a defined period of time for risk management purposes in lieu of potential future claims, chargebacks, or reversals.
  • Withdrawal Notice
    Withdrawal Tue – Thu credited on Friday (11:59 pm).
    Withdrawal Fri – Mon credited on Tuesday (11:59 pm).
    If Public Holiday, credited on next working day.
  • Your Account allows the storage of money you receive from your sales proceeds made on the Platform (“SOJOPay e-wallet”). The sum of this money, minus any withdrawals, will be reflected as your SOJOPay e-wallet’s balance.
  • You may transfer funds from your SOJOPay e-wallet (up to the amount of your SOJOPay e-wallet balance) to your registered bank account (verified by SOJO) by submitting a Withdrawal Request a maximum of twice per week as above listed. SOJO may also automatically transfer funds from your SOJOPay e-wallet to your registered bank account on a regular basis, as determined by SOJO. SOJO shall only process such transfers on business days and such transfers may take up to two business days to be credited to your bank account.
  • Users are entitled to two (2) Withdrawal Requests per week (“Weekly Withdrawal Limit”). SOJO may impose a fee of RM5.00 for each additional Withdrawal Request made in excess of the Weekly Withdrawal Limit (“Withdrawal Fee”). The Weekly Withdrawal Limit and the Withdrawal Fee are subject to change at SOJO’s discretion.
  • Money from your sale of items on SOJO shall be credited to your SOJOPay e-wallet within three (3) days after the item is delivered to the Buyer or immediately after Buyer has acknowledged that they have received the item.
  • Once submitted, you may not modify or cancel a Withdrawal Request.
  • If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your SOJOPay e-wallet in the future. If we are unable to credit your Alternative Account, for any reason, we reserve our right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.

You authorize us to initiate debit or credit entries to your SOJOPay e-wallet:

  1. to correct any errors in the processing of any transaction;
  2. where SOJO has determined that you have engaged in fraudulent or suspicious activity and/or transactions;
  3.  in connection with any lost, damaged, or incorrect items;
  4. in connection with any rewards or rebates;
  5. in connection with any uncharged fees;
  6. in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;
  7. in connection with any banned items or items that are detained by customs;
  8. in connection with any change of mind agreed to by both Buyer and Seller; and
  9. to purchase Advertising Credits (if any) where you have activated the marketing campaign under auto-debit and your SOJOPay e-wallet has fallen below your SOJOPay e-wallet minimum amount.

VOUCHER

  • Where is the voucher of your SOJO account through SOJO Marketing Center, SOJO reserves the right to impose restrictions or limitations to the use of Voucher or promotion coupon (if any), including but not limited to, expiration dates, transfer of the Voucher, or promotion coupon (if any) to other users, or restrictions to use with Products, or categories or classes of Products, as specified by SOJO at its sole and absolute discretion? For the avoidance of doubt, Compensation made via Voucher or promotion coupon cannot be exchanged or redeemed for cash.
  • Vouchers are only valid on the SOJO website, mobile website, or mobile applications (iOS & Android).
  • Users can only use the Voucher for a one-time purchase only.
  • Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.
  • SOJO reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances:
  • suspicious or fraudulent purchasing activity or Voucher use;
  • Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers;
  • Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)
  • Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.
  • Additional terms and conditions may be specified in relation to a specific Voucher (for example, duration, eligibility, discount amount, and products covered), and will govern the use and redemption of those vouchers in addition to these terms.
  • Use of Vouchers by resellers is not tolerated, and SOJO reserves the right to cancel orders which are deemed to display re-seller behavior.
  • SOJO will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash, or otherwise compensate customers for:
  • discontinued or canceled Vouchers;
  • improper use of, or inability to redeem, a Voucher;
  • the inability to redeem a Voucher due to technical issues.
  • SOJO reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.

ACCOUNTS AND SERCURITY

To access our Services, User is required to register for an Account by providing certain personal information such as your mobile telephone number, selecting a password, and optionally selecting a unique User identification (“User ID”). If you select a User ID that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your Account. Once an Account is set up you can directly transact. By setting up an Account, you confirm that you have provided us with your consent to use your personal information stored by the relevant third party Merchant for verification if required; including, but not limited to, when your Account mobile-activated phone has been lost, stolen or deactivated. If you want to be a verified user, you will need to submit a picture of your identity card or company registration license with your personal details. By registering for an Account, you confirm that (a) you have provided us with your consent to use your personal information for the provision of Services; and (b) you will pay or allow us to deduct from your Account all fees and charges associated with the use of the Services.
You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. We have not reviewed, and assume no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
You agree to (a) keep your account confidential and use only your personal Account password when logging in, (b) ensure that you lock your Account at the end of each session on the Platform, (c) immediately notify us of any unauthorised use of your Account, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. Once you are logged in to the Account, you will stay logged in until you log out. If someone (you or someone else) has entered the wrong password and/or PIN multiple times in a row within 1 (one) day, your Account will be blocked. To recover your blocked Account, you must contact us. We will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with.
We may require that you submit documents such as identification documents so that you may access our Services.
You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes.
You agree that we may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately terminate your Account, and remove or discard from the Platform any Content associated with your Account. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) fraudulent, harassing, defamatory, threatening or abusive behaviour or (d) behaviour that is harmful to other Users, third parties, or the business interests of the Company. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against us, or which in any way involves us, then we may terminate your Account.
If your Account is or remains inactive (which means you have not logged into your Account) for more than three (3) months, we reserve the right to adopt the necessary measures such as suspend or deactivate your Account.
You may only use the Services and/or open an Account if your applicable jurisdiction allows you to accept these Terms of Service.
For certain third party Merchants, your third party Merchant account must be terminated if you want to terminate your Account with us. In these scenarios, you need to submit a request to us or the relevant third party Merchant’s customer service directly and settle all of your obligations and ensure that your Account is not frozen/blocked before it can be automatically terminated. Please note that your Account can only be terminated if the balance is nil. Termination will be done immediately after request is submitted (within 24 hours), given that you do not have any pending obligations.
Prior to the termination of the Account, you must withdraw your remaining balance in the Account (“Redemption”), after deducting with any operational costs payable (if any) such that your Account balance is nil. Please note that your Account can only be terminated if the balance is nil. The method of Redemption is stipulated under the method of withdrawal as provided in these Terms of Service. There is no minimum limit balance in the Account that can be redeemed. However, if the balance in the Account is insufficient for any deduction of the costs payable, you are required to settle this obligation by way of method separately set out by us.
Should your Account be banned due to investigation by Government/Authorized Body(s), we reserve the right to retain your money indefinitely and/or release it per instruction from the Government or Authorized Body(s). You may only use the Services and/or open an Account if your applicable jurisdiction allows you to accept these Terms of Service.

 

BUSINESS NATURE OF SOJO

SOJO is an agricultural B2B e-commerce platform that provides a transparent environment for information sharing, allowing farmers, fishermen, wholesalers, or food producers to upload their own agricultural products and check prices for free, replacing traditionally inefficient selling methods through advanced standardization and big data analysis. All sellers are enabled to quickly reach out to potential buyers, increase income, and at the same time allow buyers to buy cheap and high-quality agricultural products.

SOJO’S AGRICULTURAL REAL-TIME PRICE REFERENCES

The display of platform price fluctuations is updated based on the average highest price uploaded by online and offline users. The price displayed on the platform only provides real-time market average quotations, and merchants can upload the price they want based on their supply or quality.

SOJO’S SERVICES

In addition to allowing users to check prices and upload their own agricultural products to interact with everyone, the SOJO platform provides information flow services for transportation and logistics; SOJO platform also provides online transaction payment services and establishes a trust system to avoid the problems of “buyers failing to receive goods after transfer” and “sellers failing to receive payment after shipments”.

RESPONSIBILITY OF THE PRODUCTS, SERVICES AND QUALITY

SOJO is mainly an e-commerce platform that only provides information flow of agricultural products, helping to effectively match the communication and transactions between buyers and sellers. Therefore, all responsibility for products, services, and quality will be entirely borne by the seller. Sellers are required to ensure that all transaction processes are successfully completed to meet the buyer’s requirements. SOJO only provides communication services and customer services between all parties upon using SOJO’s services. SOJO will not take any responsibility for any trading activities being conducted externally off the platform.

CANCELLATION, REFUND AND RETURN OF THE GOODS SOLD IN SOJO’S PLATFORM

Cancellation, refund, and return of the goods sold in SOJO’s platform shall be no returns and exchanges in the principles. In the event that there is an agreement between both Buyer and Seller, the responsibility of the cancellation, refund, and return of the goods sold shall be handled between both parties. Any third parties involved between the cancellation, refund, and return of the goods sold, the responsibilities shall be held by relevant party respectively. Please refer to the below scenario:

Before the seller has arranged transportation and delivery, if there is an emergency, the buyer can request to cancel the order and refund in time, but the seller needs to be notified in advance to confirm. Due to the short storage time for fresh agricultural products, each type of commodity has different transportation losses and reasonable weight deviations. Please confirm with the seller before the buyer places an order. If the product grade does not match the specification (fruit diameter, single fruit weight deviation), the rate of bad fruit is too high, the number of pieces is too small, and the loss rate exceeds the agreed range, please contact the seller within 6 hours after the arrival of the goods. (Fresh agricultural products do not support returns and exchanges in principle) If necessary, sellers can issue their own store’s sales voucher (Voucher) to buyers, so that buyers can deduct the previous loss when buying next time. For agricultural products that require high timelines, the two parties may negotiate to shorten the timelines for delivering appropriately. If the after-sale method is otherwise agreed upon, the agreement between the buyer and the seller shall prevail.

RELEVANT SALES CHARGES

By using SOJO’s website or SOJO App, you acknowledge that 3% sales charges of the goods sold shall be imposed for all the completed transactions. All sales charge rates are subject to change from time to time with proper notification announcement prior execution.