The following terms and conditions constitute an agreement between you and Lemonjar Software Media Sdn Bhd (“Lemonjar”, “we”, “us”, or “our”), the operator of the e-book platform known as “Lemonjar Online” (the “Platform”). By accessing, browsing and/or navigating through the Platform, you agree to be bound by the following terms and conditions (“Terms of Use”) and the Policies (hereinafter defined).

1. DEFINITIONS 

In these Terms of Use where the context so admits the following expressions shall have the meaning designated below unless otherwise stated:

“Account” means your account opened with Lemonjar Online in connection with your use of the Platform; 

“Products” means the products and services provided by Lemonjar Software Media Sdn. Bhd. through the platform;

“Services” means the products and services provided by Lemonjar Software Media Sdn. Bhd. through the platform; 

“Policies” means the rules, information and/or policies developed by Lemonjar and published by Lemonjar on the Platform in connection with these Terms of Use from time to time (as more particularly described in Clause 2 below);

“Registration Details” means identification in respect of the Account (including without limitation your Account’s username and password, your name, contact details, and/or other details contained in the Account);

“End User”, “you” or “your” means a user of the platform; and

System Developers means the developers of the system such as Koha Integrated Library System, EPrints and DSpace. 

2. LEMONJAR ONLINE PLATFORM

The Platform is an online products and services subscription platform which allows you to subscribe the products and services and make payment using online payment gateway. Except as set out in these Terms of Use, Online Lemonjar is only a platform for the End User to subscribe the products and services of Lemonjar such as library management system related services and digital repository system related services. You acknowledge and agree that your access and/or use of the products and services are, at all times, subject to the rights granted by the Lemonjar. In the event of any dispute between you and Lemonjar or any third party, you must resolve such dispute directly with Lemonjar.

The use of the Platform shall be subject to the Policies as may be developed and imposed on you by us from time to time. Except as otherwise expressly prohibited or limited by applicable laws, we may amend, update, modify or supplement the Policies from time to time. You are responsible for reviewing such updated rules and Policies published by us on the Platform and/or notified to you from time to time.

3. REGISTRATION 

3.1 You are entitled to freely browse all products and services available on the Platform without creating an Account however, you will be required to create an Account if you wish to purchase or subscribe the products and the services. For this purpose, you will be required to register and authorize the use and disclosure of your information for purposes of allowing us to facilitate the creation of your Account and profile in the Platform. 

3.2 You may be required to provide us with your personal information during the registration process and from time to time during your use of the Platform. By creating an Account on the Platform, you agree to be bound by the Policies and you consent to the processing of your personal information by us in accordance with our Personal Data Protection Notice. You shall ensure that all the relevant information made available to us are and remain true and accurate at each point of purchase. 

3.3 In the event that any third party personal information is provided by you to us, you are responsible for ensuring that all necessary consent has been obtained from such third party and that such third party has agreed to the processing of his/her personal information by us in accordance with our Personal Data Protection Notice.

3.4 The Registration Details must be kept confidential at all times and must not be disclosed to anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to support@lemonjar.com.my. 

3.5 You must be 18 years of age or over to register with us. If you do not qualify under these Terms of Use, do not register or create an Account. By creating an Account, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. 

4. ACCESS BY CHILDREN

The products and services that are accessible on or through the Platform may not be suitable or appropriate for children under the age of 18. For this reason, parents or guardians who wish to allow their children to access the Platform should carefully supervise their children’s access to and use of the platform and determine whether or not such products and services are appropriate for their children.

5. USE OF THE PLATFORM

5.1 As an End User, you may browse an excerpt or brief description of all the products and services available on the Platform. If you come across any products and services which are of interest to you but do not intend to purchase the products and services immediately, you may add the products and services to your cart in your Account.

5.2 Where you have decided to purchase or subscribe the products and the services, you can click on “Add to Cart” to place the products and the services into your virtual cart.  To complete the purchase or subscription transaction, you have the option to make payment of the selling price or the subscription price by way of online payment, using your credit card or e-wallet via the payment gateway available on the Platform or manual payment using Purchase Order by email to Lemonjar via email address sales@lemonjar.com.my. 

5.3 By using the Platform, you agree to pay the selling price or the subscription price as presented on the Platform and set by the Lemonjar at the time of subscribe or purchase. You will have an opportunity to review and accept the selling price or the subscription price prior to payment. Lemonjar may change pricing policies and/or prices for the products and the services from time to time and such changes will be notified to you on the Platform. Unless otherwise stated, all fees are quoted in Ringgit Malaysia. You are responsible for paying all fees and applicable taxes associated with the purchase or subscribe of the products and the services.

5.4 Once the payment is successful, the products and the services which you have purchased or subscribed will be under processed and able to check the status in the “Orders” tab of your “My Account”. And able to check the subscription information on “My Subscription” tab. You acknowledge and agree that all products and services available on the Platform is licensed for your use only and may not be sublicensed or resold. If you have purchased a product or service, you hold a non-exclusive, non-transferable, and non-distributable right to access the products and services. You are free to enjoy it for your own use in any reasonable non-commercial manner in compliance with copyright law and pursuant to this Terms of Use, but you are not authorized to share, sell, or distribute the products and the services to a third party.

Claims

5.5 You may report a claim to Lemonjar by sending an email to the email address sales@lemonjar.com.my in the following circumstances (“Claim”):

(a) the products and the services provided do not match the description which was presented to you before you purchase or subscribe the products and the services; or

5.6 The Claim arising under Clause 5.5 must be made in accordance with the Claims Policy.

5.7 If a Claim is successful, the products and the services which you purchased or subscribed will be configured according to the description at through the Platform, and you may verify again the products and the services. 

Refund

5.8 Any refund in relation to the products and the services will be dealt with in accordance with the Refund Policy (if applicable), you are required to contact Lemonjar directly.

6. THE PRODUCTS AND THE SERVICES

6.1 You acknowledge that the products and the services, the products and the services available in the Platform that we disclose is to the best of our knowledge or based on the information provided to us by third parties and do not constitute an opinion, recommendation or advice. 

6.2 You are solely responsible to: 

(a) evaluate the quality, adequacy, completeness and usefulness of all the products and the services, advice, opinions and other information obtained or accessible through the Platform; and 

(b) seek further professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any decision based on any such materials or information. You agree that your access and use of the products and the services is solely at your own risk. 

6.3 The timeliness, accuracy and completeness of any or all of the products and the services are not guaranteed. We derive our information from sources which we believe to be accurate and up to date and reserve the right to update this information at any time. We will not be responsible for any false or misleading information, or for errors or omissions or for the results obtained from the use of such the products and the services. 

6.4 In the event any third party content infringes any intellectual property of any person, such third party shall be solely responsible to you for any loss or damage suffered by you as a result of the infringement. You may send us an email at support@lemonjar.com.my to report any such infringement. 

7. END USER OBLIGATIONS

7.1 We may (but shall be under no obligation to) investigate if you have misused the Platform, or behave in a way, which we regard as inappropriate, unlawful or illegal. By registering for an Account on the Platform, you agree not to: 

(a) use the Platform for unlawful, commercial, and non-personal purposes and for any purpose that is illegal or prohibited by these Terms of Use and applicable laws; 

(b) compromise the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Platform; 

(c) upload, post or transmit any material or information which is offensive, defamatory, obscene, explicit, unlawful, false, misleading, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable; 

(d) attempt to gain unauthorized access to the Platform, user accounts, computer systems or networks through hacking, password mining or any other means;

(e) upload, post or transmit any unsolicited or unauthorised advertising or promotional materials, “junk mail”, “spam”, “pyramid schemes”;

(f) engage in any conduct which will violate any law or infringe our intellectual property rights or those of any third party in relation to your use of the Platform; 

(g) upload, post or transmit any material which contains viruses, malicious codes or other computer codes, files or programs which are designed to limit or destroy the functionality or compromise the integrity of other computer software or hardware;

(h) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform; 

(i) express or imply that any statements you make are endorsed by us without our specific prior written consent; 

(j) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Platform; 

(k) “frame” or “mirror” any part of the Platform, without our prior written authorization; 

(l) use any code or other devices containing any reference to us or the Platform to direct persons to any other website and/or service; 

(m) use the content contained on the Platform for any illegal, fraudulent or harmful purpose; 

(n) use the Platform in any manner that could damage, disable, overburden and/or impair the operation of the Platform, our servers or networks, or interfere with any other party’s use and enjoyment of the Platform, or violate any requirements, procedures, policies or regulations of such networks; 

(o) use the Platform to violate the privacy or otherwise collect or store personal data of other users; and

(p) publicly disseminate information regarding the performance of the Platform or access or use the Platform for competitive analysis or benchmarking purposes.

7.2 Without prejudice to other rights we may have under these Terms of Use or in law, in the event that you are found to be in breach of any of the terms contained in this Clause:

(a) we shall be entitled to immediately block, suspend or terminate your Account or your use of the Platform; 

(b) we shall have the right to remove any content submitted, uploaded or transmitted by you to or through the Platform; and

(c) you shall indemnify us in full and hold us harmless against all claims, loss, costs, damages, charges and/or expenses (including loss of profit) incurred and/or suffered by us as a result of such breach.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 All rights title and interest in the products and the services available in the Platform are owned by the respective System Developers respectively, and Lemonjar does not own any such rights relating to the products and the services. The products and the services in the Platform do not, in any way, transfer any intellectual property rights to us.

8.2 Copyright on the Platform is owned or licensed by us. You acknowledge that the Platform and any underlying technology or software used in connection with the Platform contain our proprietary information. We grant you a non-exclusive, non-transferable, revocable license to use the Platform and the products and the services for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Platform and the products and the services.  

8.3 Except as expressly authorised by these Terms of Use, you may not in any form or by any means: 

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Platform and/or the products and the services; 

(b) commercialise any information or services obtained from any part of the Platform; 

(c) modify, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or use any part of the same to provide or incorporate into, any product of service provided to a third party; or 

(d) copy or duplicate the products and the services. 

8.4 If you use any of our trademarks, rights in internet domain names and website addresses and other rights in trade names (“Marks”) in reference to our activities or services, you must include a statement attributing the Marks to us.  You shall not use any of the Marks: 

(a) in or as the whole or part of your own trademarks; 

(b) in connection with activities, products or services which are not ours; 

(c) in a manner which may be confusing, misleading or deceptive; and/or 

(d) in a manner which disparages us or our information, products or services.

9. ADVERTISEMENTS

We may place advertisements in different locations on the Platform and at different points during your use of the Platform. You acknowledge and accept that the advertisements may relate to third party’s goods and/or services and we shall not be made responsible for any such third party goods and/or services. You are advised to take the necessary measures to confirm and verify the accuracy of such advertisements with the relevant third party. To the maximum extent permitted by law, we shall not be liable or responsible in any manner whatsoever for any claims in connection with such advertisements.

10. COOKIES

10.1 The Platform uses cookies to distinguish you from other users of the Platform. This helps us to provide you with a good experience and related products and services recommendations when you browse the Platform and also allows us to improve the Platform.

10.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device.

10.3 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. We recommend that you check the relevant third party’s privacy policies for information about any cookies which may be used.

10.4 You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts the Platform.

11. LINKS TO OTHER SITES

11.1 In some cases you may be redirected to the Lemonjar’s website when you click on title of the products and the services, or the Platform may contain links to other websites or (“Linked Websites”) that do not belong to or are not maintained by us.  Such links are provided for convenience only and may not remain current or be maintained.  We are not responsible for the content or privacy practices associated with the Linked Websites.  For more information about the content or privacy practices of the Linked Websites, please visit the Linked Websites for the applicable terms of use and privacy policy. 

11.2 The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

12. DISCLAIMER 

12.1 The Platform is provided “AS IS” and without any warranties. Save and except for any implied warranties which cannot be contracted out by law and to the maximum extent permitted by law, we hereby disclaim all warranties, with respect to the Platform, including without limitation any warranties that the Platform are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need.

12.2 Without prejudice to the foregoing, we do not represent and warrant, to the maximum extent permitted by law:

(a) that you will be able to access or use the Platform (either directly or through third-party networks) at times or locations of your choice;  

(b) the accessibility, accuracy, reliability, timeliness, completeness or legality of information provided by users of the Platform, suggestions or recommendations or endorsements of services or products offered or purchased through the Platform, or any other data or information provided or received through Platform; or 

(c) that the Platform will be secure, operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Platform and/or the server that makes the same available are free of computer viruses, timers, contaminants, Trojan-horses, routings, time bombs or other harmful or malicious codes, programs or component.

12.3 Any information which you transmit to us is transmitted at your own risk.  Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.  For this purpose, we reserve the right, without prior notice, to remove your username or similar identifier in respect of your account if appropriate and we shall not be liable whatsoever for any loss arising from such removal.  You acknowledge sole responsibility for and assume all risk arising from your access and use of the Platform.

13. LIMITATION OF LIABILITY

13.1 To the maximum extent permitted by law, in no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages, lost profits or income, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses howsoever arising, whether or not such losses and/or damages were reasonably foreseeable or even if we knew or should have known of the possibility of the same occurring.

13.2 Without prejudice to Clause 2 and notwithstanding anything contained in these Terms of Use, Lemonjar’s maximum and cumulative total liability (including without limitation any liability for acts and omissions of its representatives) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, misrepresentation and any other damages and/or losses (“Claims and Losses”) howsoever arising under these Terms of Use shall, to the maximum extent permitted by law, not exceed RM50, in respect of all Claims and Losses. 

14. INDEMNIFICATION

You agree to indemnify and hold us, our related corporations, contractors, successors, assigns, and third parties, and each of our and their respective directors, officers, employees and agents harmless from and against all loss, damages, claims, fines, penalties or expenses, including attorneys’ fees, arising howsoever from or in connection with your access or use of the Platform, any breach, default, omission, misrepresentation, negligence, misconduct, non-observance and/or non-performance of these Terms of Use by you or on your part or of any other person for whose acts or omissions you are vicariously liable, whether in tort, contract or otherwise.

15. TERMINATION 

15.1 We may block, terminate and/or suspend your Account immediately, if there has been a breach of these Terms of Use, the Policies or other policies and terms posted on the Platform by you or by someone using your Registration Details. We shall not be liable to you or any third party for any termination and/or suspension of your access to the Platform. Further, you agree not to attempt to use the Platform after any such termination and/or suspension. 

15.2 You may modify your Account through your user account settings or delete your Account by sending Lemonjar a request email to the email address support@lemonjar.com.my. You acknowledge and agree that upon deletion of your Account:

(a) you will not be able to purchase or subscribe any product and services;

(b) you will not be entitled to any refund of the product and the services which you purchased; and 

(c) all your Account information on the Platform including without limitation the Registration Details and transaction history will be permanently deleted from our database. 

In such event, you will not be able to reinstate your Account if you wish to access the product and the services which you have purchased and you will have to create a new Account. You acknowledge and agree that upon creation of your new account, all past transactions from your old account will not be migrated to your new account. 

15.3 Despite the deletion of your Account, you acknowledge and agree that copies of your information may remain accessible elsewhere, specifically in relation to the extent that it has been previously shared with others, or if it was copied or stored by other users.

15.4 Notwithstanding anything contained in these Terms of Use, any provisions in these Terms of Use which are capable of having effect after the termination of your registration shall remain in full force and effect following the termination of your Account.

16. FORCE MAJEURE

16.1 Neither party shall be liable to the other party or be deemed to be in breach of these Terms of Use by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms of Use, if the delay or failure was due to any cause beyond the party’s reasonable control, including but not limited to:

(a) fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster; 

(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;

(c) acts, restrictions, regulations, by-laws, prohibitions, import or export regulations, embargoes or measures of any kind imposed by any governmental, parliamentary or local authority;

(d) strikes, lock outs or other industrial actions or trade disputes;

(e) epidemic, pandemic, virus outbreak or government restraints;

(f) difficulties in obtaining raw materials, labour, fuel, parts or machinery; or

(g) telecommunication, transportation, power supply, network or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.

17. PLATFORM MAINTENANCE

It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Platform, which may temporarily degrade the quality of the Platform or result in a partial or complete outage of the Platform.  In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Platform.

18. GENERAL

18.1 Amendments to These Terms of Use

We reserve the right to amend these Terms of Use, the Policies and the other policies published on the Platform at any time. Upon any such change, we will post the amended terms and/or policies on the Platform or we may also attempt to notify you via electronic mail. Your continued access to and/or use of the Platform following such posting and/or notice shall constitute your agreement to be bound by these Terms of Use, the Policies or other policies published on the Platform, as amended.  If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then you must stop using the Platform.

18.2 Severability

If any provision of these Terms of Use is held by any court of competent authority to be invalid, illegal or unenforceable in whole or in part, such provision shall be deemed to be severed from these Terms of Use without affecting or impairing the validity, legality and enforceability of the remaining provisions or remainder thereof, and the remaining terms and conditions shall nevertheless continue in full force and effect.

18.3 Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction hereto.

18.4 Non-waiver

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

18.5 Entire Agreement

These Terms of Use, the Policies and any supplemental terms, rules and guidelines published through the Platform including the Personal Data Protection Notice, constitute the entire agreement between you and us relating to the subject matter hereof and supersede all previous written or oral agreements, arrangements or understanding between the Parties.

18.6 Headings

The headings in these Terms of Use are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of these Terms of Use or any terms or conditions therein.

18.7 Non-assignment

You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.