1. Introductions

Thanks for choosing the Joey Yap Qi Men Dun Dia Software (Basic and Professional editions) by Joey Yap Research International Sdn Bhd (“JYRI”, “we”, “us”, “our”). By using the Joey Yap Qi Men Dun Jia Software, websites, or subscription services (collectively, the “QMDJ Software” or “Software”), you are entering into a binding contract with JYRI. Your agreement with JYRI includes these Terms and Conditions of Use (“Terms”). If you don’t agree with these Terms, then please don’t use the Software.
We’re pleased to make our Software available to you. In order to use the QMDJ Software, you warrant that any registration information that you submit to us is true, accurate and complete, and you agree to keep it that way at all times.

2. Changes to the Agreements

Occasionally we may, at our discretion, make changes to the QMDJ Software and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Software. By continuing to use the Software after those changes are made, you are expressing and acknowledging your acceptance of the changes.

3. Enjoying the Software

Here’s some information about all the ways you can enjoy the Software.

3.1 Subscriptions

Software subscribers may access the Software by any of our Subscription Options:

  • QMDJ Basic: a monthly subscription for the basic version of the software
  • QMDJ 30: a yearly subscription with 30 days searchable data range.
  • QMDJ 365: a yearly subscription with 365 days searchable data range and a host of additional features and functions.

The QMDJ 365 option permits you to select add-on functionalities at a cost while your Software subscription is active. You may not transfer copies of cached content to any other device via any means.
None of the subscription services should be used for commercial purposes nor for resale.
You may access any of the subscription services above on a MAXIMUM of three (3) devices, exceeding which a password-reset will be triggered.

3.2 Codes and other Limited Offers

If you have purchased a code for access to the Software for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the Software through some other limited offer which you received or purchased from JYRI (“Limited Offer”), these Agreements apply to your access to the Software. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Software using the Code or Limited Offer.
Codes are not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.

3.3 Trials

From time to time, we may offer trials of the QMDJ Basic for a specified period without payment (a “Trial”). We reserve the right, in our absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability to the widest extent permitted.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the subscription services on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge.

3.4 Saved Files

During the subscription period, an unlimited amount of files including the charts may be saved to your account. Upon expiry of the subscription and if not renewed, only the last three (3) files may be viewable.

4. Licence and assignment

The Software, design, and the content provided through it are the intellectual property of Joey Yap, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Software and to receive the content made available through the Software, based on the Subscription or Trial, you have selected (the “Licence”). This Licence shall remain in effect for a period of 20 years unless terminated by you or Joey Yap.
The software applications are licensed, not sold, to you, and we retain ownership of all copies of the Software applications even after installation on your Devices. We may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.
All trademarks, service marks, trade names, logos, domain names, and any other features of the QMDJ Software are the sole property of Joey Yap. This Licence does not grant you any rights to use the trademarks, service marks, trade names, logos, domain names, or any other features of the QMDJ Software, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the Software (including but not limited to its content) in any manner not expressly permitted by the Terms.

5. User Guidelines

We’ve established a few ground rules for you to follow when using the Software. Please follow these rules and encourage other users to do the same.
JYRI respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted:

  • Copying, reproducing, “ripping”, recording, or making available to the public any part of the Software or content delivered to you via the Software, or otherwise any making use of the Software which is not expressly permitted under these Terms;
  • Reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Software or any part thereof;
  • Renting or leasing of any part of the Software or Subscription Services;
  • Removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Software;
  • Providing your password to any other person or using any other person’s user name and password.

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 of your username and password on the Software. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
Any breach of the terms and conditions specified herein will result with your subscription service being revoked with no refunds.

6. Technology limitations and modifications

We will make reasonable efforts to keep the Software operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Software, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Software or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade, or update the Software, or to provide all or any specific content through the Software.

7. Payments & Cancellations

If you have a purchased a subscription service, your payment to us will automatically renew at the end of the subscription period, unless you cancel your subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and your access will be removed. However, if you cancel your payment and/or terminate the Terms, and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
We may change the price for the subscription services from time to time, and will communicate any price changes to you. Price changes for the Software will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Software after the price change takes effect, you accept the new price.

8. Term and termination

These Terms will continue to apply to you until terminated by either you or JYRI. We may terminate the Terms or suspend your access to the Software at any time, including in the event of your actual or suspected unauthorised use of the Software or non-compliance with the Terms. If the terms are terminated, or if we suspend your access to the Software, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Software account, please contact us.

9. Warranty

To the fullest extent permitted by applicable law, we endeavor to provide the best service we can, but you understand and agree that THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SOFTWARE AT YOUR OWN RISK.

10. Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Software is to uninstall the Software and to stop using the Software.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Entire agreement

These Agreements constitute all the terms and conditions agreed upon between you and JYRI and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Save as mutually agreed by the parties, any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to JYRI are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by JYRI that are not contained in the Agreements.
Please note, however, that other aspects of your use of the Software may be governed by additional agreements. You will agree to separate terms and conditions in those circumstances, and those terms and conditions shall govern only with regard to the aspect of the service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.

12. Severability

Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

Copyright © 2021 Joey Yap Research International Sdn. Bhd. All rights reserved worldwide.