Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
Tax relief and duty free concessions for bona fide Travellers using FLYJOLLY to purchase items on behalf of other users are not applicable as they will be bringing the goods into Malaysia on behalf of others and the goods are not for their personal use/consumption.
All FLYJOLLY’s Travellers are reminded to declare their purchases via the Red Channel and pay the relevant taxes (where applicable) at the respective checkpoints upon arrival in Malaysia. For more details on Malaysia customs and regulations, please visit section 9. of this Terms and Conditions.
MONOLIVING SDN BHD., Brand Name “FLYJOLLY”, is incorporated in the Malaysia (CRN: 1194663-V), (hereafter referred to as “FLYJOLLY“, “we“, “us“, or “our“) provides an internet based platform that connects requesters who want to buy or acquire products from overseas and Travellers who are willing to transport the products for the requesters upon deals that are made between them with the presence of their mutual consent (collectively, the “Services”), which Services are accessible at www.flyjolly.com and any other mobile app or websites through which FLYJOLLY makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services.
“FLYJOLLY Content” means all Contents that FLYJOLLY makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and FLYJOLLY Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Requester” means a Member who post a requests a of an overseas product on the Site, Application or Services, or a Member who contacts a traveller and asks him or her to transport products in exchange of a charge or tips as agreed upon between respective requester and traveller. A requester willingly enters into contracts, carries the burden of ordering products, closes deals on his or her own discretion, and exempts FLYJOLLY from any liability and excuses FLYJOLLY for any mistakes, violations of trusts, and counterfeit actions happened between the time of deal beginning till its end made via the Site, Application, and Service.
“Traveller” means a Member who creates a Trip of his or her travel plans and consents that upon making a deal with a requester, he or she is willing to carry a product to transport to the respective requester or the designated collection centre in exchange of a charge of any amount on voluntary basis, as agreed in their mutual deal decisions via the Site, Application and Services. A traveller willingly enters into contracts, carries the burden of transporting the products, closes deals on his or her own discretion, and exempts FLYJOLLY from any liability, infringements on customs regulations such as declaration of Taxes and bringing in of prohibited items.. The traveller also excuses FLYJOLLY for any mistakes, violations of trusts, and counterfeit actions happened between the time of deal beginning till its end made via the Site, Application, and Services.
“Deal” means an agreement between a Requester and a Traveller regarding a requested product and a respective traveller charge.
“Trips” means a sharing of a travel information by a Traveller.
“Market Price” means the average selling price sourcing from several online/offline selling channel that is available during the time of market survey.
“Offer to Pay” means the lum sum amount that Requestor agree to pay on Traveller for his/her service to purchase product oversea and carry to Malaysia.
“Earning” means the amount that Traveller will earn after deducting the cost of purchase, it is a suggest figure and subject to change due to the vary of market price.
“Member” means a person who completes FLYJOLLY’s account registration (signup or login) process, including, but not limited to Traveller and Requester.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. FLYJOLLY requires every Traveller to understand, be aware of, and careful about tax rules of a country he or she is travelling to and from while carrying products, purposefully to transport to requester contacted via FLYJOLLY’s Site, Applications, and Services. The Traveller is expected to charge the customs fees, tax fees, and other tax-related costs from Requester during the time of making a deal via Site, Applications, and Services and pay them as they occur.
“Invoive” means the total cost of all listed item, by agree on invoice Traveller acknowledge of selling and transfer the ownership of listed item to Requester.
1.ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT
The Site, application and Services comprise of an mobile and web platform through which Requesters may chose and post products to buy from overseas. A Traveller with the mutual consent on the final price agreed on the deal to buy and bring back the product from overseas. FLYJOLLY is not a transportation agency, retailer or distribution of the above mentioned products and has no control over the conduct of the Requesters and Travellers.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE. YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
FLYJOLLY reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Product Earning, at any time and without prior notice. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
FLYJOLLY makes available a peer-to-peer platform with related technology for Requesters and Travellers to connect and arrange for Deal between them. FLYJOLLY is not an owner or seller or retailer or broker or commissioned agent of including, but not limited to, any product and services made and marketed by third party corporations, companies, individual seller or government service provider, nor is it a local or international insurance or shipping service. FLYJOLLY does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, shipping, insurance or transportation or travel services. FLYJOLLY’s responsibilities are limited to: facilitating the availability of the Site.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF DEALS. FLYJOLLY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY DEAL. FLYJOLLY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND DEALS. ACCORDINGLY, ANY DEALS WILL BE MADE AT THE MEMBER’S OWN RISK.
- No Endorsement
FLYJOLLY does not endorse any Members or any commercial authenticity of any business entity. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from FLYJOLLY with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Deal made by you.
- User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FLYJOLLY or any of FLYJOLLY’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- abuse the referral system by creating multiple fake accounts to complete multiple transactions;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
- use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an FLYJOLLY Traveller and Requester;
- contact a Requester for any purpose other than asking a question related to a Deal, such Requester’s request to carry or Trips;
- contact a Traveller for any purpose other than asking a question related to a deal or such Traveller’s use of the Site, Application and Services;
- when acting as a visitor or otherwise, recruit or otherwise solicit any Member to join third party services or websites that are competitive to FLYJOLLY, without FLYJOLLY’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, Application or Services;
- use the Site, Application and Services to find a Requester or Traveller and then complete a booking of a Deal transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to FLYJOLLY’s provision of the Services;
- as a Traveller, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates any Malaysia law. Such as a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, FLYJOLLY’s name, any FLYJOLLY trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FLYJOLLY’s express written consent;
- access, tamper with, or use non-public areas of the Site or Application, FLYJOLLY’s computer systems, or the technical delivery systems of FLYJOLLY’s providers;
- attempt to probe, scan, or test the vulnerability of any FLYJOLLY system or network or breach any security or authentication measures;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
- hold FLYJOLLY responsible for any refund for perishable food that are found to be unfit for consumption if these products are not collected within 48 hours of a Traveller delivery.
FLYJOLLY will have the right to investigate, ban and remove any Content and prosecute violations of any of the above to the fullest extent of the law. FLYJOLLY may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that FLYJOLLY has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. FLYJOLLY reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that FLYJOLLY, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
5. Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to FLYJOLLY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. FLYJOLLY does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to FLYJOLLY the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or FLYJOLLY’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- URL and hyperlinks to 3rd party websites
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that FLYJOLLY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by FLYJOLLY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
7. Currency Conversion, Refund and Payment
FLYJOLLY default payment gateway will not be liable for any loss of conversion in payout due to the rate of currency conversion and any fees charge based on the payment partner, such as PayPal, Credit Cards, GIRO Bank Transfer, TT or any other payment method employed.
The maximum product fulfillment date by the traveller cannot be more than 14days from the offered date, any extend due to unforeseen reason traveller may request for period extension however subject to FLYJOLLY approval.
If the Traveller has confirmed delivery and upon product verification fulfill the order requirement, FLYJOLLY will transfer the reimbursement automatically within 7 days.
FLYJOLLY will assist to the best ability to resolve and mediate any dispute between payment gateway and traveller if necessary and has the final say.
8. Warranty, Liability and Disclaimers
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FLYJOLLY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELLER AND REQUESTER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FLYJOLLY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
FLYJOLLY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FLYJOLLY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FLYJOLLY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TRAVELER AND REQUESTER.
YOU UNDERSTAND THAT FLYJOLLY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES.
FLYJOLLY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELLER AND REQUESTER, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY FLYJOLLY.
FLYJOLLY DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES FROM FLYJOLLY, NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, WHETHER INCIDENTAL NATURE, PUNISHMENT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM ANY USE OF THE SITE BY YOU OR FOR ANY OTHER CLAIM THAT ASSOCIATED WITH THE SITE FROM YOUR USAGE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR INCOMPLETENESS IN ANY CONTENT, OR LOSS OR DAMAGE OF ANY KIND ARISING AS RESULT OF USE OF THE CONTENT OR ANY PRODUCT THAT POSTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE THROUGH THE THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES AND CLAIMS HAVE BEEN ADVISED.
FLYJOLLY WILL COMPLY TO FAIR BUSINESS TO PROTECT THE INFORMATION THAT YOU PROVIDED TO THE SITE, BUT YOU ALSO AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND HEREBY DISCLAIM FLYJOLLY ANY AND ALL LIABILITY TO YOU FOR DAMAGES OR LIABILITY WHATSOEVER ASSOCIATED TO THE INFORMATION IN ANY FORM AND HOW.
FLYJOLLY DOES NOT EXPRESS AND MAKES NO WARRANTY THAT FLYJOLLY WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FLYJOLLY DISCLAIM ANY LIABILITY RELATING THERETO. YOU WILL BE SOLELY RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
9. Customs Laws and Regulations
All users are to take note of the following Prohibited Items that cannot be brought into Malaysia.
The list of prohibited goods includes (but not limited to):
- Cigarette lighters of pistol or revolver shape
- Controlled drugs and psychotropic substances
- Endangered species of wildlife and their by-products
- Obscene articles, publications, video tapes/discs and software
- Reproduction of copyright publications, video tapes, video compact discs, laser discs, records or cassettes
- Seditious and treasonable materials
In addition to the list of items prohibited by the Malaysia Customs, FLYJOLLY will also remove listings which feature these products:
- The carrying of parcels not purchased by the traveller
- “For sale” product listings
- Certain food products
- Arms and explosives
- Bullet-proof clothing
- Toy guns, pistols and revolvers
- Weapons, kris, spears and swords
- Counterfeit items
- Live animals or insects
- Listings intended to shame other FLYJOLLY users
When doubtful, traveller are reminded to declare via the Red Channel on any purchases.