BanHeang (M) Sdn Bhd | Terms & Conditions
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Terms & Conditions

TERMS AND CONDITIONS

Welcome to www.banheang.com.my! This website and all web pages within this website (collectively, the “Website”) are furnished by Ban Heang (M)  Sdn. Bhd. (and its group of companies)(hereinafter “BANHEANG “). The use of the Website is subject to the following terms and conditions. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF BANHEANG WEBSITE.

AGREEMENT

This is an Agreement between you and/or all relevant persons that you purport to represent and for the purpose of this Agreement “person” includes natural person and any type of incorporated or unincorporated entity and BANHEANG regarding your access to and use of BANHEANG website and all content, information, products and services available on or through the website.

ACCEPTANCE OF THIS AGREEMENT

Each time you use the website you signify your acceptance and agreement and/or acceptance and agreement of any person that you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree and to accept this Agreement on behalf of yourself and/or any person you purport to represent. If you do not agree with any provision of this Agreement, or you are not authorized to agree to accept this Agreement on behalf of a person you purport to represent, we request that you and/or any person you purport to represent do not access or use the website. This website is for convenience and informational purpose only and is not intended to convey advice and recommendation of any products or services.

OWNERSHIP AND PREMITTED USE OF THE WEBSITE

The website (including all content, page headers, custom graphic, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video, and audio forms, images, icons, software design, applications, data and other elements available on or through the website) is the property of BANHEANG (unless otherwise indicated) and are protected by Intellectual Property laws in Malaysia. Your use of the website does not transfer to you any ownership or rights in the website or its content. The website is made available to you for your lawful, personal use only. You may use the website only in the manner described expressly in the Agreement and subject to all applicable laws. Using the website for any other purposes or in any other manner is strictly prohibited.

USE OF INFORMATION

Subject to any License Agreement between You and BANHEANG, without BANHEANG’s prior express written consent,

  1. You shall not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use any of the content of this Website.
  2. You shall not use this website or any content of this website for any unlawful purpose.
  3. You shall not disrupt, alter, impair or modify the website or anything contained on this website or accesses any private information, including passwords or account information of other users of this website.
  4. This website may contain links to web sites operated by third parties. These links are provided for your convenience only. You agree that such third parties are responsible for the operation and contents of their web sites and BANHEANG has no liability to you or to any other person for the use of such websites.

CUSTOMER’S UNDERTAKINGS AND RESPONSIBLITIES

  1. All information that you provide through the website, including registration, information (name and e-mail address), payment information, and transaction related information must be true, accurate, current and complete. BANHEANG will rely on the information that you provide. By providing such information and data about yourself (“Personal Data”), you hereby consent to the processing of your Personal Data as set out in BANHEANG’s Privacy Policy. To view BANHEANG’s Privacy Policy. You will be solely responsible and liable for any and all lose, damage and additional cost that you, BANHEANG or any other person may incur as a result of your submissions of any false, incorrect or incomplete information.
  2. You shall not, and shall not attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the website or any Internet Site or any software comprised in them.
  3. You agree to comply with the Terms and Conditions and any security procedures mentioned in them.
  4. Once you have logged on to the website, you must not leave the internet terminal from which you have accessed the website at any time; or let anyone else use the internet terminal until you has logged off the website. You will be responsible for ensuring that he/she has logged off the website at the end of any session.

COPYRIGHT

  1. The text, images and other materials contained or displayed on any BANHEANG publication, product, service, report, e-mail or web site are proprietary to companies within BANHEANG, except where otherwise indicated, and constitute valuable intellectual property.
  2. No material from any part of any BANHEANG publication, product, service, report, e-mail or web site may be downloaded, transmitted, broadcast, transferred, assigned, reproduced or in any other way used or otherwise disseminated in any form to any person or entity, without the explicit written consent of BANHEANG.
  3. All unauthorized reproduction or other use of material from BANHEANG shall be deemed willful infringement(s) of BANHEANG’s copyright and other proprietary and intellectual property rights, including but not limited to, rights of privacy.
  4. BANHEANG expressly reserves all rights in connection with its intellectual property, including without limitation the right to block the transfer of its products and services and/or to track usage thereof, through electronic tracking technology, and all other lawful means, now known or hereafter devised.
  5. BANHEANG reserves the right, without further notice, to pursue to the fullest extent allowed by the law any and all criminal and civil remedies for the violations of its rights.
  6. Links to the website without written permission of BANHEANG is strictly prohibited. To request permission to link to the website, please make a formal request to BANHEANG Marketing Department. BANHEANG may in its discretion cancel and revoke any permission it may give it to link to the website at any time without any notice and liability.
  7. The framing, mirroring, scraping or data-mining of the website or any of its contents in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the website or to post such postings may be viewed by other users of the website.

DISCLAIMER AND LIMITATION OF LIABILITY

While BANHEANG shall use reasonable efforts to provide up-to-date and accurate information, BANHEANG makes no warranties or representations as to the accuracy of the information and assumes no liability or responsibility for any errors or omissions in the information provided on the website. Your access to and use of the website is at your own risk.

All Information available through the website is provided on an “AS IS” basis. BANHEANG makes no warranty that this website will meet your requirements, be uninterrupted, secure or error free, or that www.banheang.com.my or the server that makes it available are free of viruses or other harmful components or destructive files. The content of the website is subject to change without notice.

The website may contain facts, views, opinions, statements and recommendations of third-party individuals, entities or organizations. BANHEANG does not represent, warrant or endorse the accuracy, timeliness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website. You shall acknowledge and agree that any reliance upon such opinion, advice, statement or information is at your sole risk.

BANHEANG and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss of damage arising from, connected with, or relating to the Website or thus agreement including but not limited to loss of data, business, markets, savings, income, profit, use, production, reputation or goodwill, anticipated or otherwise or economic loss under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrong doing (including without limitation gross negligence and fundamental breach by BANHEANG or any person whom BANHEANG is responsible, and even if BANHEANG has been advised of the possibility of such loss and damage being incurred.

In no event shall BANHEANG, its affiliates, employees, agents or representatives be liable for any indirect, consequential, special, incidental or punitive damages (including, without limitation, errors or omissions in the information in connection with the Website).

INDEMNITY

You agree to indemnify, defend and hold harmless BANHEANG, its officers, directors, employees, affiliates and representatives from and against any and all liabilities, expense, and costs including without limitation reasonable legal fees and expenses incurred by BANHEANG in connection with and claim or demand arising out of the website and your breach of this Agreement. You will assist and cooperate as fully as reasonably required by BANHEANG in the defence or any such claim or demand.

GENERAL PROVISIONS

BANHEANG may in its sole absolute discretion change this Agreement from time to time as it relates to future use of the website, by posting a revised agreement on the website. By using the website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised agreement. You may not change this Agreement in any manner.

ONLINE PURCHASE TERMS AND CONDITIONS

TERMINATION OF USAGE

Notwithstanding any other provision of this Agreement, BANHEANG may in its discretion change, discontinue, modify, restrict, suspend or terminate the website or any part of it without notice or liability to you or any other person. BANHEANG may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the website without any notice or liability to you or any other person.

PRIVACY POLICY

Ban Heang (M) Sdn. Bhd. (and its group of companies) (“BANHEANG”) is committed to ensuring that the personal data of our valued customers and ALL parties who have dealings with BANHEANG (hereinafter referred to as “data subjects”) are protected. This Privacy Policy describes how BANHEANG processes (which means amongst others, collecting, recording, holding or storing) your personal data).

BANHEANG reserves the right to revise and/or amend this Privacy Policy at any time, the updated version of which shall be posted at BANHEANG’s website. Unless you contact BANHEANG with regard to the same (BANHEANG’s contact details are provided at paragraph 8 below), you will be deemed to have accepted the updated version of this Privacy Policy.

  1. Collection of Personal Data

We treat and view your personal data seriously.

Customers, potential customers or recipients of BANHEANG’s products and/or services.

In the course of your dealings with BANHEANG (and/or any of its authorised distributors/dealers), we may collect and/or you, your legal representatives or a third party may have provided data and information about yourself (Personal Data”) to BANHEANG (and/or any of its authorised distributors/dealers). Such Personal Data may have been provided to BANHEANG (and/or any of its authorised distributors/dealers) through your purchase or a third party’s purchase of BANHEANG’s products and/or services (whether online or offline) where you were named as the recipient of the same, your application for BANHEANG’s membership programme, your interaction with BANHEANG (and/or any of its authorised distributors/dealers) at events, marketing campaigns or promotions, etc organised by BANHEANG or otherwise, your use of BANHEANG’s website at http://www.banheang.com.my/ where cookies are used or through any other means of communication between you and BANHEANG (and/or any of its authorised distributors/dealers). The processing of your Personal Data is necessary in order for us to process your purchase or a third party’s purchase of our products and/or services (whether online or offline) where you are named as the recipient of the same, your application for registration as a member of the BANHEANG’s membership programme, and/or to perform any of our contractual obligations owing to you or a third party.

Our individual tenants, landlords, consultants/advisors, ambassadors, vendors, suppliers, service providers, dealers, distributors and employees of our corporate tenants, landlords, consultants/advisors, vendors, suppliers, service providers, dealers, distributors.

In the course of your dealings with BANHEANG, we may collect and/or you may have provided data and information about yourself (Personal Data”) to BANHEANG. Such Personal Data may have been provided to BANHEANG through your application to become our individual tenants, landlords, consultants/advisors, ambassadors, vendors, suppliers, service providers, dealers, distributors or your employer’s application to become our corporate tenants, landlords, consultants/advisors, vendors, suppliers, services providers, dealers or distributors (whether online or offline), your dealings with BANHEANG as our individual tenants, landlords, consultants/advisors, ambassadors, vendors, suppliers, service providers, dealers, distributors or as a representative of our corporate tenants, landlords, consultants/advisors, vendors, suppliers, services providers, dealers or distributors, your use of BANHEANG’s website at http://www.banheang.com.my/ where cookies are used or through any other means of communication between you and BANHEANG. The processing of your Personal Data is necessary in order for us to process your application to become our individual tenants, landlords, consultants/advisors, ambassadors, vendors, suppliers, service providers, dealers, distributors or your employer’s application to become our corporate tenants, landlords, consultants/advisors, vendors, suppliers, services providers, dealers or distributors (whether online or offline) and/or to perform any of our contractual obligations owing to you or your employer.

  1. Nature of Personal Data

Such Personal Data may include information concerning your name, age, identity card number, passport number, address (including shipping and billing address), gender, date of birth, contact information, email address, telephone number, nationality, payment information, and company name (if applicable).

  1. Impact resulting from failure to provide your Personal Data

Customers, potential customers or recipients of BANHEANG’s products and/or services.

The failure to supply such Personal Data or if such Personal Data provided is not satisfactory to BANHEANG (and/or any of its authorised distributors/dealers), will result in us being unable to process your purchase or a third party’s purchase of BANHEANG’s products and/or services (whether online or offline) where you are named as the recipient and/or your application for BANHEANG’s membership programme, etc.

Our individual tenants, landlords, consultants/advisors, ambassadors, vendors, suppliers, service providers, dealers, distributors and employees of our corporate tenants, landlords, consultants/advisors, vendors, suppliers, service providers, dealers, distributors.

The failure to supply such Personal Data or if such Personal Data provided is not satisfactory to BANHEANG, will result in us being unable to process your or your employer’s application to become our tenants, landlords, consultants/advisors, ambassadors, vendors, suppliers, services providers, dealers or distributors (whether online or offline) and/or to perform any of our contractual obligations owing to you or your employer.

  1. Purpose of collecting Personal Data

The Personal Data that you provide will be collected, used and otherwise processed by us for the following purposes:

Customers or potential customers or recipients of BANHEANG’s products and/or services

  1. processing your purchase or a third party’s purchase of BANHEANG’s products and/or services (whether online or offline) where you are named as the recipient of the same;
  2. processing your application for BANHEANG’s membership programme;
  3. for BANHEANG’s user or customer relationship management procedures to monitor and improve our services;
  4. marketing of such services or products which may be of interest to you;
  5. for such purposes specifically provided for in any particular service or product offered by us;
  6. conducting marketing and client profiling activities in connection with our services and related products;
  7. for our internal record keeping;
  8. collection of payments from you;
  9. meeting any legal or regulatory requirements relating to our provision of services and products and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular, code applicable to us or any member companies of BANHEANG;
  10. for the purposes of the Members Privileges Scheme;
  11. for the issuance of customer vouchers and/or administer any customer benefits; and
  12. for purposes relating to any of the above (including but not limited to research, benchmarking and statistical analysis).

Our individual tenants, landlords, consultants/advisors, ambassadors, vendors, suppliers, service providers, dealers, distributors and employees our corporate tenants, landlords, consultants/advisors, vendors, suppliers, service providers, dealers, distributors.

  1. processing your application to become our individual tenants, landlords, consultants/advisors, ambassadors, vendors, suppliers, services providers, dealers or distributors or your employer’s application to become our corporate tenants, landlords, consultants/advisors, vendors, suppliers, services providers, dealers or distributors;
  2. conduct credit checks on you;
  3. marketing of such services or products which may be of interest to you or your employer;
  4. for such purposes specifically provided for in any particular service or product offered by us;
  5. for our internal record keeping;
  6. collection of payments from you or your employer;
  7. meeting any legal or regulatory requirements relating to our provision of services and products and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular, code applicable to us or any member companies of BANHEANG; and
  8.  for purposes relating to any of the above (including but not limited to research,   benchmarking and statistical analysis).
  9. Disclosure

Personal Data provided to BANHEANG (or any of its authorised distributors and/or dealers) will generally be kept confidential but you hereby consent to the processing of your Personal Data by BANHEANG (and/or any of its authorised distributors/dealers) for the purposes set out in paragraph 4 above. BANHEANG (or any of its authorised distributors and/or dealers) may disclose the Personal Data that you have provided to the following categories of parties:-

  1. any person to whom we are compelled or required to do so under the law or in response to a competent or government agency;
  2. any related companies of BANHEANG, including those located outside Malaysia and/or those established in the future;
  3. our business partners and online affiliates that provide related services or products in connection with our business;
  4. government agencies, statutory authorities and industry regulators;
  5. our auditors, consultants, accountants, lawyers or other financial or professional advisers, credit reporting agencies; and
  6. our sub-contractors or third party service or product providers as may determine to be necessary or appropriate.

Return Policy- We does not provide any return service.