PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY.
BY ACCESSING OR USING www.seniteknologi.com OR ANY OTHER WEBSITES OF SENI TEKNOLOGI SDN BHD, (THE “COMPANY”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING BUT NOT LIMITED TO VIEWING ANY OF ITS CONTENT OR PURCHASING ANY OF ITS SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY IN ITS SOLE DISCRETION AT ANY TIME. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
When changes are made, the Company will make available the revised Terms at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered for our Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s).
INTRODUCTION
This website consists information, which may include facilitate the purchase of Services provided by the Company and/or by third parties. This website is subject to the terms and restrictions contained herein and are for private personal use by consumers only.
ACCEPTABLE USE
Users agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. Users agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Company and its affiliates.
Users further agree not to use the Website or Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Company and its affiliate company or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate or discrimination towards any group;
- To unlawfully gather information about others.
PRIVATE INFORMATION
Through use of the Website and Services, Users may provide the Company with certain information. By using the Website or the Services, Users authorize the Company to use Users Information in Malaysia and any other country where we may operate.
Information we may collect or receive include inter alia :
- When you register for an account or perform payment for Services, you provide us with a valid email address and may provide us with additional information, such as your name or billing information.
- Depending on how you use our Website or Services, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
How we use Information:
- We use the information gathered from you to ensure your continued good experience on our website, including through email communication.
- We may also track certain passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
We recognize your information given to us is private and confidential. As such, we will guard the information to our best efforts, and guarantee that such information will not be sold or shared with non-related parties.
REVERSE ENGINEERING & SECURITY
You agree not to reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services; and violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
TRANSACTION AND PROCESSING FEES
There is no fee for accessing this website and viewing our content and the content of third parties that we display.
If you decide to purchase our Services, you agree to pay, in addition to the price for the Service, any other fees and charges that we impose, such as processing fees and handling fees and other miscellaneous fees. The amount of each fee will vary, depending on the Services you purchase and the method you select to receive your Services.
Fees and charges, including (but not limited to) charges for issuance, handling, processing and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing our services to you.
You are urged to review all pages displayed during your completion of a purchase. All fees and charges related to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction.
ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to the Company, you are communicating with us electronically. You consent to receive communications from us electronically regarding a purchase you are making. We will communicate with you via e-mail or by posting relevant notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
In addition, when you purchase Services from us, you agree that you have established a business or personal relationship with the Company and you consent to receive email notices or advertisements from us in the future about events, systems or services that may be of interest to you. If you are not interested in receiving email notices or advertisements from us, you can unsubscribe by clicking on the given unsubscribed link.
You are responsible for providing, at your expense, any access to the Internet and any required equipment.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT:
- THE COMPANY SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERCIVES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
- ANY ERRORS IN THE SERCIVES WILL BE CORRECTED.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE WEBSITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company and its affiliates, including all copyrights, trademarks, trade secrets, patents and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
LICENSE AND SITE ACCESS
The Company grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify or copy it, or any portion of it, except with express written consent of the Company.
The Website, or any portion of the Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
You shall not remove any copyright or other proprietary notations from the materials downloaded from the Website. In addition, you are not authorized to transfer the materials to another person or “mirror” the materials on any other server.
This license will automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed form.
BREACH
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
- send you one or more formal warnings to your last known email address;
- temporarily suspend your access to the Website and/or Services;
- permanently prohibit you from accessing the Website and/or Services;
- block computers using your IP address from accessing our Website;
- contact any or all of your Internet Service Providers and request that they block your access to our website; and/or
- commence legal action against you, whether for breach of contract or otherwise.
Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking.
ARBITRATION
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith.
If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Kuala Lumpur, Malaysia. The arbitration shall be conducted in accordance with the Commercial Rules of the Malaysian Arbitration Act. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations.
Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated.
INDEMNIFICATION
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and their respective directors, officers, shareholders, employees, agents and assign harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions.
You agree that the Company shall be able to select its own legal counsel and may participate in its own defence, if the Company wishes.
LIMITATION ON LIABILITY
The Company and their respective officers, directors, agents and employees is not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law.
The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of One Thousand (RM1,000) Ringgit Malaysia or the amount expended by you to the Company in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
NOTICES
All notices regarding any matter pertaining to this Terms, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by courier, postage or air bill prepaid, and sent to:
Seni Teknologi Sdn Bhd
Blk F, Unit 57, Ground Floor, Plaza Jelutong
No. 5C, Persiaran Gerbang Utama, Bukit Jelutong
40150 Shah Alam, Selangor, Malaysia,
Attention: Corporate Affairs Division.
Notice will be deemed effective 3 days after deposit with the POS Malaysia or any other courier services. In addition, the Company may provide notice to you by either email or Certified Mail, postage prepaid and return receipt requested, sent to the physical or email address you provided to us during any transaction conducted with us. Notice will be deemed effective 24 hours after sending of an email (unless returned due to an invalid email address) or 3 days after mailing.
GENERAL
This Agreement is to be construed in accordance with the laws of the Malaysia, without regard to its conflict of law’s provisions.
This Agreement, as updated from time to time, constitutes the entire agreement between us, with respect to the terms and conditions of use of this Website and/or Services and supersedes all previous written or oral agreements between us.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section.
Our failure to enforce any breach of this Agreement by you or others does not mean that we have waived our right to enforce the terms of this Agreement in the future for a similar breach.
