Terms of Use
TERMS OF USE
1. ACCEPTANCE OF THE TERMS
1.1 BEFORE OR PRIOR TO USING SMART, YOU OR ANY USERS, ARE REQUIRED TO HAVE READ, ACCEPTED AND AGREED TO ALL THE TERMS OF USE
CONTAINED HEREIN AND/OR ANY TERMS FOUND, CONTAINED OR PROVIDED ON SMART, OR PROVIDED BY SANS.
1.2 DO NOT USE OR CONTINUE TO USE SMART, UNLESS YOU, OR ANY USERS,
1.2.1 HAVE READ, ACCEPTED AND AGREED TO ALL THE TERMS ON SMART, AND/OR ANY OF THE SAME WHICH HAS BEEN REVISED, AMENDED, MODIFIED, VARIED OR UPDATED FROM TIME TO TIME;
1.2.2 HAVE CONTINUOUSLY ACCEPTED AND AGREED TO ALL TERMS ON SMART, AND/OR ANY OF THE SAME WHICH HAS BEEN REVISED, AMENDED, MODIFIED, VARIED OR UPDATED FROM TIME TO TIME, AND AT ALL MATERIAL TIMES HAVE NOT WITHDRAWN SUCH ACCEPTANCE AND AGREEMENT; AND
1.2.3 WHERE APPLICABLE, YOU HAVE INDICATED THAT YOU HAVE READ, ACCEPTED AND AGREED IN THE METHOD OR MANNER AS PRESCRIBED BY SANS.
1.3 YOUR, OR ANY USERS’, ACCESS, USE OR CONTINUOUS ACCESS AND USE OF SMART SHALL BE DEEMED THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO ALL THE TERMS ON SANSAMRT, AND/OR ANY OF THE SAME WHICH HAS BEEN REVISED, AMENDED, MODIFIED, VARIED OR UPDATED FROM TIME TO TIME.
1.4 FURTHER, BY YOUR OR ANY USERS’, USE OR CONTINOUS ACCESS AND USE OF SMART, YOU ARE ENTERING INTO A LEGAL BINDING CONTRACT WITH US.
2. PERSONAL DATA PROTECTION AND PRIVACY POLICY
2.1 Your, and/or any users’, personal data and privacy are important to SANS. Any use of personal data by SANS are subject to compliance of any applicable laws, and/or, provided terms or policy. In this regard, SANS is a registered user under the Personal Data Protection Act 2010.
2.2 Your, and/or any users’, use of Smart involves, the use or processing of your personal data, whether by necessity and/or incidentally so.
2.3 You have read, accepted and agreed to the terms under Personal Data Protection Notice and/or Privacy Policy.
3.LICENCE TO USE
3.1 Subject to your, or any users’, strict full compliance and adherence to all the terms of use contained herein and/or any terms found, contained or provided on Smart, SANS hereby grants to you a limited, conditional, revocable, non-exclusive end user licence to use Smart.
3.2 Any grant of licence to use Smart is subject to availability.
3.3 SANS makes no promise or guarantee, that Smart and/or the Services: –
3.3.1 are free from any defects, delays, fault, interruption, problems, anomaly, glitches or technical issues;
3.3.2 will meet or be compatible with your requirement, software or telecommunications links, systems or protocols;
3.3.3 are free from any unsuitability, inadequacies, instability, unreliability or inaccuracies found related or arising from Smart;
3.4 Your, and/or any users’ access or use of Smart may be restricted, limited, interrupted, or subjected to defects or anomalies, which may be caused by many reasons or factors, which include but not limited to work in progress, repairs, software updating exercise, maintenance or introduction of new features or services.
3.5 We invite you to provide feedback and to report to us of any interruptions, issues, problems, defects or anomalies to Customer Care, the contact of which are as provided herein. SANS will use its best endeavour to address your feedback and report.
3.6 Your, and/or any users’, access or use of Smart shall be at all material time free from commission of any infringement, breach or contravention of any Intellectual Property Rights of SANS and/or any third party.
3.7 SANS reserves the absolute right, and/or, sole discretion to deny, restrict, limit, terminate, prevent access or use of Smart, and, to demand any removal or delete of Smart from any electronic devices. In any event where you and/or any users’ failure and/or negligent to comply with such aforesaid demand referred to herein this Clause 4.7, SANS may take positive action to ensure observance of compliance, in which case you and/or any users’ shall be deemed to have agreed to indemnifying SANS against any fees, costs, expenses or charges incurred by SANS.
4. REGISTRATION AND ELIGIBILITY
4.1 You, and/or any users, are required to be accepted or approved in the registration as a user as well as a member of SANS’ designated membership program, with or on Smart prior to using or accessing to Smart.
4.2 You are eligible for registration by compliance or adherence to the following: –
4.2.1 You are or have attained the age of eighteen (18) years old or age of majority;
4.2.2 In the event you are a minor, you are registering through or with the consent, supervision or guidance, of your legal guardian, and have indicated the same;
4.2.3 You are a citizen, or, permanent residence, or, citizen of other countries but domicile in Malaysia, Singapore, or countries in which Smart is made available;
4.2.4 You have provided true, accurate and valid information or data for registration, and update any information or data at soonest possible time available.
4.3 Your registration is subject to acceptance, revocation, rejection, imposition of any conditions or requirements by SANS. SANS reserves the absolute right and sole discretion in making any acceptance, revocation, rejection, imposition of any conditions or requirements; from time to time, or, at any time without providing any reason or explanation whatsoever.
5. ACCOUNT AND SECURITY
5.1 You, and/or any users, may be granted an account/user/member identification code or number (ID) and passwords upon registration.
5.2 SANS reserves the absolute legal right and sole discretion in the issuance, approval, suspension, or the use of any account/user/member identification code or number (ID) and passwords, at any time without providing any reason or explanation whatsoever.
5.3 In regard to account and security, you agree as follows: –
5.3.1 to keep and secure your ID and password for your own use, and to keep the same in private and confidence;
5.3.2 not to disclose your ID and password to any third party;
5.3.3 to log in and log out securely in each and every use;
5.3.4 to report any unauthorised use or mal-use;
5.3.5 all information and data within and connected to you ID are true, accurate and up to date;
5.3.6 you take responsibility for all the use of your ID and password;
5.3.7 to inform SANS of any problems, errors, bugs, or inaccuracies relating to your account.
5.4 SANS reserves the absolute legal right and sole discretion to terminate your ID and password at any time without providing any reason or explanation whatsoever, in which case, the terms on termination provided below are applicable.
6. YOUR MANNER OF USE
In your access or use of Smart, you agree, undertake, covenant NOT to:-
6.1 breach, infringe, violate, contravene, contradict any applicable laws or commit any offence or any actionable civil legal wrongs against any third party;
6.2 use in the method or manner inconsistent or not permissible by SANS or that which contravene or breach any the terms of use contained herein and/or any terms found, contained or provided on Smart, or provided by SANS;
6.3 cause, permit or authorize the modification, creation of derivative works, or translation of the Services or any contents in Smart, without the express permission of SANS;
6.4 upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming,
distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another
7. INTELLECTUAL PROPERTY
7.1 Smart, all things of Smart , all things within or on Smart, which include but not limited to, the content, material, works, trademark, servicemark, trade dress, trade indicia, domain name, data, databases, information, tangible or intangible, existing in whatsoever form or manner, identifiable as a subject of enforceable and actionable legal rights or by any form of applicable laws, whether by statutes or in common laws, and more commonly known as the intellectual property rights, which includes but not limited to copyright, industrial design, patents, trademarks, service mark, trade name, indicia, brands and logos, get-up or trade dress, geographical indication, trade secret, confidentiality, common law of passing-off, amongst others (“Intellectual Property Rights” or “IPR”) .
7.2 SANS is the owner or licence holder of the Intellectual Property Rights. Some aspects of intellectual property rights belong to third party and SANS, in which through licence, consent or work relationship with such third party, SANS is granted a licence to use the intellectual property rights. You are required to ensure that any use of the IPR by you does not infringe or breach any such third party IPR.
7.3 No ownership, right or licence is granted directly or indirectly to any party for the access or use of Smart, or to use or reproduce any IPR. No party using or accessing SANS shall claim any right, title or interest arising from such use or access.
7.4 Through your access and use of Smart, you have acknowledged that all the IPR belongs to SANS, and/or, the appropriate licensor or legal owners.
7.5 Further, by and through your access and use of Smart: –
7.5.1 You agree to comply with all the IPR laws which includes but not limited to copyright, patent, industrial design, trademark, service mark, geographical indication, and all other applicable laws.
7.5.2 You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the IPR, unless otherwise permitted in writing by request.
7.5.3 You also may not, without our prior written consent, mirror or frame any part or whole of the contents of Smart on its platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy the content, data and information in Smart, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
7.5.4 You are welcomed to link to the Smart from your website, provided that your website does not imply any endorsement by or association with Smart or breach any general laws. You acknowledge that SANS may, in its sole discretion and at any time, discontinue providing Smart, either in part or as a whole, without notice.
8. SERVICES RELATING TO ORDER, SALE AND PURCHASE
8.1 Your access and/or use of Smart may include engaging the Services (as defined), which includes: –
8.1.1 ordering of product;
8.1.2 payment of purchase price;
8.1.3 shipping or delivery of product;
8.1.4 refund of payment;
8.1.5 return or exchange of product;
8.1.6 facilitation of membership activities.
8.2 We advise you to read the terms on order, payment, delivery, and return or exchange of products carefully.
8.3 By you placing an order, you are agreeing to all the terms under Services contained herein.
8.4 Under Sale of Goods Act 1957 (SOGA 1957), the formation of a contract of sale of goods arises from an “offer” and “acceptance” between the seller and a buyer, and this context in the transaction between your dealing with SANS shall be as more specifically explained as below.
OFFER TO PURCHASE
8.5 Your placement order, and/or effecting of payment shall be your “offer” (within meaning of SOGA 1957) to purchase SANS’ products which shall be an offer based on the terms as set out herein on Smart.
ACCEPTANCE
8.6 SANS makes an “acceptance” (within meaning of SOGA 1957) of your order at the point of despatching of the delivery of the products to you.
8.7 Whilst SANS, through Smart, may be processing your order and payment, the acceptance is not made by SANS until SANS hands over, delivers, or make available for delivery of the products to the Delivery Service Provider/Platform, for the products to be delivered to you.
8.7.1 For clarification, although your bank account or credit cards may have monies debited during your ordering process, that does not amount to acceptance until such acceptance according to the term, as aforesaid, is made by SANS.
8.7.2 You may also refer to Clause 12.9 on refund on payment made arising from non-acceptance of order by SANS
8.8 Before acceptance being made by SANS, SANS reserves the right to cancel your order or not to exercise such right of acceptance.
8.9 In regard to legal technicalities, before acceptance by SANS, there shall only exist “an agreement to sell” within the meaning referred to in Section 4 of SOGA 1957 between you and SANS. Upon acceptance there shall be made out a legally binding “contract of sale of goods” between you and SANS within the meaning of the said Section 4.
8.10 For clarification, SANS’S acceptance is conditional on various factors which include availability of the product.
9. ORDER
9.1 Whilst SANS makes every effort to ensure accuracies on availability of products on Smart, all orders are subject to availability of the products.
9.2 All orders are subject to acceptance by SANS.
9.3 Although your order may enter into process or being processed on Smart online platform, SANS does not guarantee acceptance. (Please see Clause 9.6 to 9.10 on acceptance above). SANS’s acceptance is at the point of time when the products are handed over, delivered, or made available for delivery of the products to the Delivery Service Provider/Platform.
9.4 Some of the products may no longer be available at the time of order, although your order have entered into processing. In such case, where payment is made, payment shall be refunded accordingly.
PRODUCT DESCRIPTION
9.5 As far as required by the relevant applicable laws, we comply and adhere strictly to relevant laws, rules, regulations, directions and directives which include trade description, product description and labelling. SANS makes all best effort to make any contents on Smart as accurate as possible. However, we do not warrant that all content on Smart are accurate, complete, reliable, current, or error-free.
9.5.1 For example, some photos or picture of products are commercial representation only, or are for illustration purposes only and the display of the colour or shades of colours may depend on your device since every display peripherals and devices varies. We cannot guarantee the accuracy of what you may have seen on your display device and the actual product.
9.6 All features, content, specifications, sizes and prices of products and services described or depicted on Smart are subject to change at any time without any prior notice. Unless otherwise required by law in which SANS shall have strictly complied with, certain information on weights, measures and similar descriptions may be an approximate and are provided for convenience only. The packaging may differ or vary from that which is shown on Smart. If a product offered by SANS is not as described, you may return the same unopened in its original state and packaging in accordance with the Return Policy.
10. PRICING
10.1 SANS makes every effort to provide accurate pricing on Smart. All pricing on Smart is subject to changes from time to time without prior notice and SANS reserves the right to change pricing at any time without any prior notice.
10.2 The price of a product shall be the price stated on Smart at the time which you make an order by completing the order form or order process Smart.
10.3 In the event any Government tax is applicable, you, and/or any users, shall be liable to pay the relevant applicable Government tax, at the applicable prevailing rate as prescribed by the Government from time to time. The Government tax referred to herein may include whichever kind or type of tax which is prescribed by the Government, at any material time, which may include, sale tax, services tax, value added tax, goods and services tax, or any similar thereof (where applicable).
10.4 The price of a product shall exclude delivery charges. Therefore, you, and/or any users, shall be liable to pay any applicable delivery charges.
10.5 If the pricing is inaccurate or erroneous, SANS reserves the right to refuse or cancel any order or proceed in a manner which is not prejudicial or disadvantageous to you: –
10.5.1 if a product’s correct price is lower than the wrongful/inaccurate stated price, SANS shall charge the lower sum and deliver the product to you. This way, you still maintain your order and benefit from a lower price.
10.5.2 if a product’s correct price is higher than the wrongful/inaccurate stated price, we will not accept the order, but we shall cancel your order and notify you of the price error and order cancellation. If you still wish to purchase the product at the correct higher price, you may place a fresh and new order.
11.PAYMENT
11.1 We may accept payment by the following available methods: –
11.1.1 by credit cards such as Visa or MasterCard;
11.1.2 debit cards from any licensed banks and financial institutions;
11.1.3 online banking transaction facilities;
11.1.4 e-wallet (if applicable);
11.1.5 through use of valid and permitted use of applicable reward point, redemption point or voucher (as the case maybe).
11.2 SANS reminds you to take precaution and necessary security for all payment transactions. SANS shall not be liable for any credit card or online fraud, scams or syndicated activities.
11.3 All products prices are listed and shall be transacted by the currency of Ringgit Malaysia (RM).
11.4 For security measure for online financial transactions, Smart employs Internet`s Secure Sockets Layer (SSL) technology. It encrypts your personal information, which includes credit card number, name, address or others, so that such information are secured in its transmission on the internet and cannot be subject to unauthorised reading, access or use. To check SSL Certificate information, you can right click the mouse and choose “Properties” & “Certificates”.
11.5 To effect payment, you must be eligible (see Eligibility under Clause 5 above), such as that you must be above the age of 18 or if you are under the age of 18, you have permission or supervision of you parent or guardian.
11.6 Upon you placing or confirming an order to purchase a product, you are required to make and settle full payment of the purchase price in respect of an order.
11.7 If your payment cannot be processed or completed, the order shall not be accepted. You are advised to contact your credit card issuer or bank or financial institution to resolve any problem concerning the use of your credit card or debit card or online banking account in order to enable the completion of the payment and order process.
11.8 SANS reserves the right to change the payment terms for any order at our absolute discretion from time to time and without prior notice.
REFUND DUE TO NON-ACCEPTANCE OF ORDER
11.9 If payment for any order has been made but the order is not accepted by SANS, you will be entitled to a refund. Your refund depends on the period of time your financial institution needs to arrange for the refund. We shall not be liable or responsible for any loss, damage, cost or expense that you or any person may incur as a result of any delay in any third party processing of any refund.
11.10 In some cases, such as those purchases that are made with value point, redemption point, voucher; a refund may involve reinstating the relevant value point, redemption and voucher accordingly.
12.TERMINATION
12.1 Either party may voluntarily terminate user account at any time for any reason or without any reason whatsoever.
12.2 We reserve absolute right and sole discretion to terminate or suspend use of Smart by anyone, at any time for any reason or without any reason whatsoever.
12.3 SANS exercises rights of termination in the following events: –
12.3.1 if you fail and/or neglect to comply or adhere to, or, breach, fallen into default, or attempted breach or fallen into default of, all or any the terms of use contained herein and/or any terms found, contained or provided on Smart.
12.3.2 committed an offence, violated, breach, contravene, infringe any laws, by an act, conduct, or, failure to act or conduct.
12.3.3 breach, infringe or violated rights of third party, such as IPR of third party.
12.3.4 act, conduct, or, failure to act or conduct which cause detriment, losses, injury, financially or non-financially, commercially or non-commercially to SANS or any third party.
12.3.5 you breach any terms of membership.
Post Termination
12.4 You are personally liable for any orders placed or charges incurred by your or through your account prior to termination.
12.5 SANS reserves all right to take any legal action in regard to any antecedent breach, infringement, wrongful acts or conducts which occurs or take place before termination.
13. LIMITATION
13.1 SANS is not liable for any faults, defects or loss of data whatsoever arising from your use of Smart.
14 WAIVER AND INDEMNITY
14.1 By you access or use of Smart, you waive all rights to take action against SANS for any liability arising from such use.
14.2 If through your access or use, you have caused loss damage and injury to SANS, you shall indemnify SANS for liabilities arising thereof.
15 GOVERNING LAW AND JURISDICTION
15.1 The terms and any disputes or claims arising out of or in connection with its subject matter (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by the laws of Malaysia and subject to the exclusive jurisdiction of the Courts of law in Malaysia.
16 NON-ASSIGNMENT
16.1 No user shall assign or novate any rights, benefit, interest arising from the terms herein to any third party without the written consent or approval by SANS.
17 CHANGES AMENDMENTS VARIATION
17.1 All the terms, conditions and provisions contained herein are subject to changes, amendments, modification, deletion, removal or variation by SANS, from time to time, or, at any time without providing any reason or explanation whatsoever.
18 INTERPRETATION AND MEANING
The following words shall have the following meanings unless the context otherwise states:-
| “Government” | means the Government of Malaysia, which may include any legislature, administrative,
quasi-administrative, executive or judicial arm; ministries, department, governmental agencies, anybody exercising any supervisory or administrative function and roles, whether or not on in any Federal Territories or State in Malaysia; |
| “SANS” | means SANS 360 Sdn. Bhd., and/or, it’s related, associated or affiliated companies; |
| “Smart”, “Smart Online Platform” | means the software applications and/or content application which includes desktop or
mobile application (mobile apps) and website of smart.sansgroup.com.my |
| “Service” | means the services as provided under Clause 9.1 |
Last updated: 18 December 2021
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