TERMS AND CONDITIONS
By ordering the EZIPOD Service as a Sender, and are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, unless the Specific Terms and Conditions apply as agreed in writing by an authorized officer of EZIPOD, these Standard Terms and Conditions set out herein shall apply. EZIPOD reserves the right to add, amend or cancel any Standard Terms and Conditions to you and the contents are also subject and subordinate to applicable laws, rules, and regulatory directions in Malaysia. The offered courier services by EZIPOD which fall under the regulation of the Postal Act is enabler and authorize by CommerceOne Asia Sdn Bhd (200501037080)
By applied for use of the EZIPOD Service on these Standard Terms and Conditions. The electronic or physical consignment notes, waybill, or invoice (the “Consignment Note”) issued to you by EZIPOD in connection with your application for use of the EZIPOD Service shall incorporate these Standard Terms and Conditions.
Every Shipment is transported on a limited liability basis as provided herein. If You requires greater protection, then insurance may be arranged at an additional cost.
“Consignment Note” shall include any label produced by EZIPOD automated systems, air waybill, invoices or electronic consignment note and shall incorporate these Terms and Conditions.
In the Consignment Note, which is a non-negotiable Document, any reference to "EZIPOD" refers to EZIPOD SDN BHD (1229805-P), its related corporations, its subsidiaries, branches, employees, directors, agents, affiliates, contractors and any of their respective employees and agents.
“Shipment / Shipment” means all goods, documents, carton, pallets, and parcels that travel under one Consignment Note and which may be carried by any means EZIPOD chooses including air, road or any other carrier.
“Sender” refers to the shipper, its employees, principals and/or agents and/or Receivers and/or receivers.
“Receiver” refers to the person who receives the Shipment.
"we", "us" and "our" are a reference to EZIPOD SDN BHD (1229805-P), carrying on its business at Unit 21-7, Binjai 8, No.2 Lorong Binjai 50450 Kuala Lumpur. Malaysia.
1. SENDER’S OBLIGATION
(i) Packaging and Content
Sender shall ensure that the Shipment is packed in a case, wrapper or container appropriate to the nature and weight of the Shipment such that no part of the Shipment may be removed without the case, wrapper or container being torn or broken, a seal being broken, or two adhesive surfaces being forced apart. In the event that packing of the Shipment is deemed by EZIPOD to be unsuitable for transportation, Sender shall, upon notification by EZIPOD, re-pack the Shipment in a suitable case, wrapper or container in accordance with EZIPOD’s directions, failing which EZIPOD will re-pack the Shipment at your expense.
Sender shall ensure that the Shipment is adequately packed in a case or container of sufficient durability and strength so as to protect against damage to it during the course of delivery and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container and that such Shipment shall bear the words "FRAGILE WITH CARE" in the case of a Shipment of a fragile nature and "DO NOT BEND" in the case of a Shipment which is susceptible to damage by bending, prominently displayed on the face of the case or container and above the address of the named addressee.
Sender shall be responsible for the proper packaging of goods, labelling and intact packaging, in line with the safety requirements and in accordance with the courier standards to go through the transportation process to ensure the safety of goods. EZIPOD will not be liable for any damages or losses that are caused by packaging problems and/or will not be liable for any damages or losses whatsoever without physical and actual proofs.
Sender must advise on the actual value and description of the content(s) of the Shipment. EZIPOD shall not be responsible for any claim or freight charges or any other costs for any false, misleading, illegal, incomplete and/or complex statement or claim that the declared value is inconsistent with the actual value of the sent items. Senders shall indemnify and hold EZIPOD harmless from any loss or damages arising out of Senders’ breach of the above representations and free from any legal liability arising from Senders’ failures to comply with any applicable laws or regulations.
(ii) Deliveries of Documents
Posting of personal documents issued by government authorities such as identification cards, passports, driver’s licenses, birth certificates etc. EZIPOD shall not be liable in any manner whatsoever for the lost and/or damage of any original and/or official documents mentioned above.
All rates charged for courier services in respect of documents which come within the purview of the Postal Services Act, 2012 are subject to the minimum pricing set by the Malaysian Communications and Multimedia Commission (MCMC) applicable from time to time. Take note that effective 1 January 2015, the minimum price set by MCMC for courier services on documents below 500g is a sum not less than Ringgit Malaysia Five (RM5.00) i.e. excluding 6% Service Tax or GST (effective 1 April 2015) per consignment note.
(iii) Compliance of Regulation and Prohibited Item
a) Sender shall comply with all applicable laws, regulations and requirements (including but not limited to any imposed at any time before or during the Shipment relating to anti-terrorism measures) of customs, port and other authorities and shall bear and pay all duties, taxes, fines, imposts, expenses and losses (including without prejudice to the generality of the foregoing, charges for any additional Shipment undertaken) incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Shipment.
b) EZIPOD disclaims the postage of any dangerous or restricted items or any items prohibited by EZIPOD or the relevant authorities or is of the opinion that it is unable to deliver any item safely or legally including without limitation the following items:
i) explosives, firearms or other offensive weapons, flammable or hazardous materials, poisonous or infectious substances, blood or blood products (whether infectious or not), dangerous or undesirable goods or all items prohibited by the International Air Transport Association, the International Civil Aviation Organization or any relevant government authority or under any applicable law or regulation;
ii) human or animal bodies or parts of bodies, memorial tablets or any items for use in religious ceremonies;
iii) live animals;
iv) credit cards or debit cards;
v) currency, or any bearer form negotiable instruments;
vi) original copies of any record, drawing, document or electronic recording of which duplicates or copies have not been made and kept by you or high-value artworks;
vii) documents containing a substantial amount of confidential information;
viii) any form of gold, silver, jewelry, precious or semi-precious item;
ix) illegal narcotics or drugs; or
x) weapons, ammunition, radioactive, explosive, corrosive, biohazard, inhalation hazard, perishables, poisonous gases or combustible items
EZIPOD will not be accountable for any subsequent charges, fines or compensation which may be incurred if the declaration of item is deemed false, incomplete, dubious or contradictory to the declaration made by the Sender before shipping, whether directly or indirectly. EZIPOD reserves the right to amend or change the classes of goods or items which are categorized as Dangerous Goods or Prohibited Items at any time without prior notice.
EZIPOD is not liable for any claims in damages, lost and/or delay of shipment if the item is deferred, detained, withheld, returned to Sender, or was not processed because it contains or consists of dangerous goods or prohibited postings, regardless of whether the item was intentionally or unintentionally sent by the Sender or received by EZIPOD.
c) Sender is responsible for all posted items, including but not limited to, liquids, creams, lotions, or cosmetics that may be at risk of rupture, as well as easily perishable food and/or any other forms of food that may be harmful to other items. EZIPOD is not responsible for any costs of posting, direct or indirect damages or lost, regardless of whether the item was intentionally or unintentionally sent by the Sender or received by EZIPOD.
(iv) Custom Clearance
Sender warrants that each article in any Shipment is accurately described in the consignment note and the Customer shall attach the relevant documents to meet the export or air carriage requirements. Sender appoints EZIPOD as Customer's agent solely for performance of custom clearance. The Sender shall provide proper documentation whenever required.
(v) Each Consignment or Shipment Orders issued by an App or by Ezipod Powered Stations shall not be canceled or substantially modified without prior notification to the customer support or Stations operator provided the shipment is yet processed for outbound or with a valid reason of the parcel has been unreasonably delay.
2. EZIPOD’S RIGHT
Right to Inspect Content
EZIPOD may, at any time, in its absolute and sole discretion, but under no obligation, to open or scan and inspect the contents of the Shipment for any reason whatsoever including without limitation the verification of the contents of the Shipment. If upon such opening and inspection, the description and declaration of the contents of the Shipment is verified as being incorrect or misleading, EZIPOD may, in its absolute and sole discretion, refuse to accept such Shipment without giving any reason or it may revise the shipment charges applicable to the contents discovered.
If it appears at any time that the Shipment cannot safely or properly be deliver, or delivered further, either at all or without incurring any additional expense or taking measures in relation to the Shipment, EZIPOD may without notice to Sender (but as his agent only) take any measures and/or incur any reasonable additional expense to carry or continue the Carriage thereof, and/or to sell or dispose of the Shipment and/or to abandon the Carriage and/or to store the Shipment, under cover or in the open, at any place, whichever EZIPOD in his absolute discretion considers most appropriate, which sale, disposal, abandonment or storage shall be deemed to constitute due delivery under the Consignment Note. Sender shall indemnify EZIPOD against any reasonable additional expense so incurred. EZIPOD in exercising the liberties contained in this clause shall not be under any obligation to take any measures and shall not be liable for any loss, delay or damage howsoever arising from any action or lack of action under this clause.
EZIPOD will ensure the Shipment is delivered in accordance with the delivery time efficiency standard. Delivery is deemed to have been completed where the Shipment is delivered to the addressee of address (i.e. the management office of building) and/or alternative addressee as specified by Consignor but not necessarily to the named addressee personally. If the receiver has no further objection upon receiving of item, the item is considered successfully delivered. EZIPOD will not be responsible for any loss and/or damages afterwards.
Notwithstanding EZIPOD to use its best efforts to deliver the Shipment to the addressee by the Preferred Delivery Date indicated by you on the Consignment Note and in accordance with the delivery schedule for EZIPOD Service prevailing and indicated at EZIPOD’s designated branches, offices and agents from time to time. Notwithstanding the foregoing, Sender hereby agree and acknowledge that all deliveries are subject to potential delays including but not limited to delays resulting from adverse traffic conditions. In the event that the Sender fail to specify the Preferred Delivery Date on the Consignment Note, the Shipment will be delivered in accordance with the EZIPOD Service delivery schedule prevailing from time to time.
In the event if the recipient was not in the premise to receive the delivered item upon courier arrives or refuses to pay the Fees, the Shipment has been deemed by EZIPOD to be unacceptable for delivery and EZIPOD shall notify Sender of the delivery failure and seek Sender instructions as to the appropriate action to be taken, such as the disposal or re-delivery of the Shipment at Sender responsibility and costs (and such costs will be forthwith reimbursed by Sender upon EZIPOD’s request), within a reasonable period from the date of such delivery failure. However, EZIPOD reserves the right to decline to accept such further instructions from Sender for any reason whatsoever.
In the event that Sender do not provide instructions regarding the appropriate action to be taken, the item will be kept at EZIPOD branch for a certain period determined by EZIPOD. The period to keep the unclaimed item is deemed as storage period. EZIPOD will make two (2) attempts to deliver the said item to receiver or receiver may collect the item from EZIPOD branch within storage period. The item will be returned to the Sender after storage period. Any costs of direct or indirect damages or lost to the item or its contents arising during storage period is not the responsibility of EZIPOD. Without prejudice to the foregoing, in the event that the contents of the Shipment are found by EZIPOD to be perishable or otherwise susceptible to changes in quality, EZIPOD has the right to immediately dispose of the item without waiting for the expiry of the storage period. However, EZIPOD shall use its reasonable endeavor to notify you upon such disposal.
The delivery status can be tracked and traced via www.ezipod.my and/or by contacting the hotline number at 0126455644. Any inquiries regarding the delivered items must be made within 30 days from the date of delivery.
In consideration of EZIPOD Service, Sender shall pay to EZIPOD such amount of fees as determined by EZIPOD upon your use of EZIPOD Service ("Fees"). The schedule of Fees prevailing from time to time can be found at each of EZIPOD’s mobile application via play store android or in IOS App, designated branches and offices and agents offering EZIPOD Service.
Notwithstanding Clause 2.3.1, EZIPOD reserves the right to claim additional fees incurred by EZIPOD upon re-weighing and/or re-measuring of the Shipment or to claim the Fees from the Receiver of the Shipment upon delivery.
There will be no refund of the Fees once paid to EZIPOD, save in cases where any of the events in Clause 3.3 results in delay in delivery or damage to the Shipment which EZIPOD deems significant.
Any Fees quoted by EZIPOD shall exclude Service Tax or Goods and Services Tax (currently 6%), Value Added Tax and any other applicable tax, duty and expenses as may be imposed by any local or foreign Customs or similar Authority in respect of the carriage of the Sender's Shipment. If the Customer gives different instructions on methods of payment, the Sender shall be primarily liable for any duty, tax (including pre-payment of the same), surcharge, fine, legal costs (on solicitor-and-client basis) or loss suffered by EZIPOD.
For deliver item to be determine in Dimensional weight by using volumetric standards as follow:
Length (cm) x Width (cm) x Height (cm)
The results of the calculation will be converted into kilograms (KG) and compared to the actual weight of the actual package. Shipping charges will be based on the total actual weight or the total dimensional weight, whichever is greater.
(iv) International Shipments
a) Shipment charges are calculated according to the weight or higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured to confirm this calculation. Sender shall pay or reimburse EZIPOD for all Shipment charges, ancillary charges, duties and taxes owed for services provided by the courier or incurred by EZIPOD on Sender’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport.
b) If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air.
c) Custom Clearance: Sender are pre-paying for the postage charges of the consignment/s only. EZIPOD has no control over any customs queries or charges that may arise. Customs charges must be paid in addition by the receiver when delivery is made. EZIPOD reserves the right to pass these charges directly onto the person that placed the order. If Sender do not wish to pay the charges and the consignment is returned, all return charges will also be passed on. EZIPOD shall not be responsible for any local customs charges, import taxes or duties, temporary import export charges, shipment return charges or any similar charge(s) incurred through EZIPOD carriage and/or delivery of any Consignment and Sender must satisfy himself as to whether any of these charges will become due, and if so in what amounts, before completing an order with EZIPOD. If any such charges become due as a result of our carriage and/or delivery of a Consignment on Sender behalf and are charged to EZIPOD by any competent authority Sender agree to reimburse EZIPOD fully in respect of the same within 7 days of our demand.
3. EZIPOD’S LIABILITY
(i) Loss or Damage
In the event that EZIPOD discovers that there has been loss of or damage to the Shipment, EZIPOD shall notify Sender of such loss or damage within a reasonable period and shall seek instructions from Sender with respect to the appropriate action to be taken. EZIPOD reserves the right to decline to accept any further instructions for any reason whatsoever.
In the event that Sender do not provide further instructions regarding the appropriate action to be taken within a reasonable period of Sender’s notification, EZIPOD shall, at your costs (and such costs will be forthwith reimbursed by you upon Sender’s request), take such action in relation to the Shipment as it deems appropriate, including without limitation, re-delivery of the Shipment to Sender or retention of the Shipment, and shall notify Sender of the same.
(ii) Damage/Lost Claims
a) Claim on damage/lost to the parcel or its content can only be claimed by the Sender or the representative who has been authorized in writing by the Sender. The claim application together with required physical and effective proof and any other necessary documents for damages or lost must be filled up and submitted within 48 hours upon receiving of the items. The required documents include:
i) Application form or fill up through the Mobile Application
ii) Copy of the consignment note
iii) Original tax invoice to verify actual price of the content
iv) Tax invoice of consignment bill (if have)
v) Identity card of applicant which has been certified true copy or a copy of business registration certificate (SSM) if the claimant is a business entity
vi) Insurance claim form and documents required by insurance company (for insured items)
vii) Any other required supporting documents, and submitted to the nearest EZIPOD branch or email to customer service center of EZIPOD at [email protected]
EZIPOD upon received the aforesaid claim or complaint, shall within 2 working days to review all details of the claims and will contact the Sender or the representative who has been authorized in writing by the Sender.
EZIPOD shall be deemed prima facie to have delivered the Shipment as described in the Consignment Note unless notice of loss of, or damage to the Shipment, indicating the general nature of such loss or damage in 3.2.1. If the Receiver or receiver accepted the Shipment by endorsing on the Proof of Delivery without raising any damage, shortage or dispute, EZIPOD shall be deemed to have discharged its responsibility / liability towards the Sender and / or over the Shipment.
EZIPOD will not compensate the claim requested by either party if the claim is not filed within the required 48 hours period or submitted incomplete required documents. EZIPOD reserves the right to refuse any claim if the complainant is unable to verify or unable to provide sufficient evidence that the damage/lost occurred under EZIPOD 's control.
Insured items will only be able to claim insurance with completely comply to terms and conditions of insurance company.
b) Without prejudice to Clause 4 and provided that Claims is satisfied that Sender claim is justified, EZIPOD’s liability for any loss of the Shipment shall be limited to the value of the Shipment as indicated by you on the Consignment Note etc. upon acceptance of the Shipment by EZIPOD or RM200 per Shipment, whichever is lower ("Compensation Limits").
In the case of damage to the Shipment, the amount of compensation shall be based on EZIPOD’s own assessment of the extent of the damage to and the actual cash value of the contents of the Shipment provided always that the amount of compensation shall not exceed the Compensation Limits.
Save in cases of a delivery failure and provided that EZIPOD is satisfied that Sender claim is justified, EZIPOD’s liability for any loss or damage arising from EZIPOD’s failure to deliver a Shipment by the Preferred Delivery Date shall be limited to the amount of the Fees charged in respect of that Shipment.
For the avoidance of doubt, in any event, EZIPOD’s liability shall not exceed the Compensation Limits even if there is both damage to a Shipment as well as a delay in its delivery of the Shipment and therefore Sender shall arrange insurance for the Shipment at your own cost if you require greater protection against the Shipment.
(iii) Limitation of Liability
EZIPOD shall not be liable for the Sender's failure to comply with the conditions herein or resulting from Sender's acts, negligence, default, misconduct or omission, including but not limited to inaccurate description of any Shipment; inadequate or inappropriate packaging, securing, marking or addressing of any Shipment; or for the act, default, negligence, misconduct, omission, violation of any conditions herein of the receiver or anyone who has interests in the Shipment.
EZIPOD shall not be liable for any loss, damage, delay, shortage, mis-delivery, non-delivery, misinformation, or failure to provide information in connection with the items stated under the heading of "Compliance of Regulation and Prohibited Item".
EZIPOD shall not be liable for any loss, damage, delay, shortage, mis-delivery, non-delivery, misinformation or failure to provide information in connection with Customer's Shipment which is beyond the reasonable control of the management of EZIPOD; resulting from of Acts of God and by the occurrence of a force majeure event including but not limited to:
(2) fire and flood
(3) war, rebellion, sabotage, riot, terrorism;
(4) strike or industrial dispute of whatsoever nature;
(5) act or omission of local or overseas public authority and changes in applicable law;
(6) disruption of air or ground network;
(7) mechanical problems to modes of transportation / machinery or material shortage (i.e. fuel and electricity);
(8) movement control by the Government.
EZIPOD shall not be liable for any losses and damages caused by any fraud, willful acts, reckless acts, acts, omissions, gross negligence of any person (including its employees, servants, agents, affiliates, contractors, their agents and their respective employees / agents) and shall not be vicariously liable for any such action or omission for which the management of EZIPOD has exercised reasonable diligence.
EZIPOD shall not be liable, including but not limited to, in contract, tort, equity, negligence and strict liability for any loss of income, loss of market, loss of profit, consequential, incidental, special, indirect loss or damage whatsoever and howsoever caused whether EZIPOD knew or ought to have known of the value of any shipment and/or such loss and/or damage might occur.
Where regulations, rules or other mandatory national laws do not apply to the carriage of the Shipment under the Consignment Note, EZIPOD will only be liable if loss, damage, delay, shortage, mis-delivery, non-delivery, misinformation or failure to provide information in connection with the Sender's Shipment, is proven to be resulted from the acts or omissions of the management of EZIPOD committed with the intent to cause such loss or recklessly and with knowledge that such loss would probably result and EZIPOD's total liability under any circumstances whatsoever shall not exceed RM200.00 per Consignment Note or the cost of replacement, whichever is lower, unless a higher value has been declared in which case the Shipment shall be insured by the customer and the customers' sole remedy shall be from the proceeds of the insurance policy.
4. SENDER’S WARRANTIES AND INDEMNITY
Sender irrevocably agrees to indemnify, defend, release and hold harmless EZIPOD as against any and all liabilities, claims, demands, suits, judgments, damages, losses, costs and legal fee (on a solicitor and client basis) in connection therewith or incident thereto, arising out of Sender's failure to comply with the conditions herein or resulting from Sender's negligence, acts, defaults, misconduct or omissions or the Sender's errors in the declaration of the Shipment or the provision of erroneous information relating to the Shipment or non-declaration of the dangerous nature of the Shipment and/or the failure of the customer to comply with all applicable import, export , customs and other laws and regulations which apply to the Shipment.
Sender is aware that every Consignment Note (whether in blank or used) supplied by EZIPOD shall remain the property of EZIPOD. Sender shall procure that every Consignment Note shall be accounted for and shall only be utilized for shipment to be delivered by EZIPOD and not otherwise. Sender shall not misuse or distribute the Consignment Note for the Sender's/ third party(ies)' own purposes. Sender shall indemnify and keep EZIPOD its agents, workmen or servants harmless against any liability, loss or damage (including bodily injury) of whatsoever nature direct or indirect sustained by EZIPOD, its agents, workmen or servants attributed, related to and/or howsoever arising from the customers acts, omission, neglect, intentional or dishonest acts and/or any damage/ loss which is attributable, related to and/or howsoever arising from the Sender/ third party(ies)' wrongful/ unauthorized use or distribution of the Consignment Note. This indemnity shall also include any liability, loss or damage as a result of any claim whatsoever and any summons, penalties, fines against EZIPOD by any third party or the relevant Authorities as a result of any act, omission, neglect or intentional acts by the Sender, its agents, workmen or servants and/or third party(ies) arising from/ attributed to the wrongful/ unauthorized/ misuse of any Consignment note.
5. PERSONAL DATA (PRIVACY) POLICY
By purchase and consent of the Consignment Note, Sender shall authorize EZIPOD to use Sender personal data for all lawful purpose including but not limited to disclosure of Sender personal data by EZIPOD to any government and/or regulatory authority.
6. GOVERNING LAW
The Standard Terms and Conditions shall be subject to and construed in accordance with the laws of Malaysia. The parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia.
7 . PRIVACY NOTICE
Understanding that it is a corporate social responsibility to be compliant with the Personal Data Protection Law in Malaysia, this Personal Data Protection Notice (hereinafter referred to as the "Notice") is issued to all valued customers/prospective customers of EZIPOD SDN BHD pursuant to the requirements of the Personal Data Protection Act 2010 (hereinafter referred to as the "PDPA").
In the course of your dealings with EZIPOD SDN BHD (hereinafter referred to as the "Company" or collectively referred to as "us", "we" or "our", as the case may be), we will request that you provide data and information about yourself ("Personal Data") to enable us to enter into transactions with you or to deliver the necessary notices, services and/or products in connection with our business. These are relevant in connection with our business process, execution, including delivery of notices, services/products, client relationship management, planning purposes in connection with future services/ products, new service/product launches and events including promotional events with our affiliated companies and business partners within our service/product offerings.
a) Personal Data
Personal Data means any information provided by you which relates to and/or relates back to you may include but not limited to your: Name; Age; Religion; Nationality; Identity card/passport number; Correspondence/office/e-mail address; Gender; Marital Status; Home/Office/Mobile phone/facsimile number; Bank Account Information; login/admin password; product code; Status of proceedings of courts of law, tribunals and arbitration; and any other personal data as defined and described under PDPA 2010.
b) Acquisition of Personal Data
The sources that the company may obtain your personal data may include, but not limited to, directly and/or indirectly from you, spouses, next-of-kins, family members, cookies used on the website, documents, business directories, authorities, etc.
c) Purpose of Use
During your course of dealing with us, Personal Data you provide will be collected, used and otherwise processed by us for, amongst others, the following purposes:
(i) The delivery of notices, services or products and the marketing of such services or products to you;
(ii) For you to enter into the necessary agreement and/or contract to purchase the services/products from us;
(iii) Our business partners and online affiliates that provide related services or products in connection with our business;
(iv) Our auditors, consultants, accountants, lawyers or other financial or professional advisers;
(v) Our sub-contractors or third-party service or product providers as may determine to be necessary or appropriate; and/or
(vi) Any of our related companies and subsidiaries including those established in the future;
(vii) Customer relationship management procedures;
(viii)Those purposes specifically provided for in any service/product offered by us;
(ix) Conducting marketing and client profiling activities in connection with our services and/or related products;
(x) Credit assessments and other background checks as we may determine to be necessary or appropriate;
(xi) Our internal record keeping;
(xii) Collection of outstanding payments;
(xiii) Prevention of crime (including but not limited to fraud, money-laundering, bribery);
(xiv) Meeting any legal or regulatory requirements relating to our provision of services/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 of our member companies;
(xv) Purposes relating to any of the above (including but not limited to research, benchmarking, statistical analysis and customer satisfaction survey);
(xvi) To monitor, review and improve the company’s services.
(xvii) Enable us to send you information by e-mail, telecommunication means (telephone calls or text messages) or social media about services/products offered by selected third parties that we think may interest you but in doing so we maintain control over your Personal Data and we will not disclose your Personal Data to such third parties without your prior consent; and/or
(xviii) Post sales services
We will specify the purpose of use of Personal Data and will not use it beyond the specified purpose (hereinafter, "Purpose of Use"). Furthermore, we will not use Personal Data beyond the purpose limited by related regulations.
When a third party is consigned to deal with the Personal Data (such third party shall hereinafter be referred to as "Contractor"), we shall take such necessary measures to cause the third party to manage the Personal Data properly.
Optional Personal Data is information you voluntarily provide to us, which we may process during the transaction or to provide you with other services or products. Fields requiring mandatory Personal Data will be indicated for you and if you choose not to furnish any mandatory Personal Data requested, you agree that (notwithstanding any agreement between you and us) we shall be entitled to cease the provision of any services or products to you without incurring any liability whatsoever for any losses which you may suffer as a result of such cessation.
8. Authorization and Consent
Your personal data which are in our possession will be kept confidential and you hereby consent and authorize us to disclose your personal data to the following third parties’ categories: -
Our affiliates, auditors, business associates, business consultants, accountants and/or other professional advisors and/or consultants as we deem necessary;
Our third-party service providers as we deem necessary or appropriate;
Bank, financial institution, insurance companies, land authorities, Malaysian Inland Revenue Board, Companies Commission of Malaysia, court of laws;
Any person and/or body corporate to whom we are compelled to or required under law or in response to local, state, federal or international authority, court of laws, tribunal, arbitration center, commission, council or association legally authorized by law.
9. Rights to Access and Correct Your Personal Data
a) Right to request access to personal data
Subject to our rights of refusal under the act and subject to payment of fee, you are entitled to request access to your personal data that is processed by us with reasonable notice.
b) Right to request correction of personal data
Subject to our rights of refusal under the act and subject to payment of fee, you are entitled to request the correction of your personal data that is held by that is inaccurate, incomplete or out-of-date with reasonable notice.
c) Rights to limit processing of your personal data
You are entitled to limit our processing of your personal data by expressly withdrawing in full your consent given previously including for us to send any advertising and marketing materials or for direct marketing purposes subject to any applicable legal restrictions, contractual conditions and within a reasonable time period.
10. Proper Management of Personal Data
We shall maintain and process your Personal Data in a secure manner and manage in the most up-to-date condition and utmost accuracy. We endeavor, where practicable, to implement the appropriate administrative and security safeguards and procedures in accordance with the applicable laws and regulations to prevent the unauthorized or unlawful processing of your Personal Data and the accidental loss or destruction of, or damage to, or falsification of, or leakage of your Personal Data. We will also exercise appropriate supervision to our employees handling Personal Data.
11. Management of Sensitive Data
The Company will not acquire, use and provide to any third-party sensitive data (e.g. political affiliation, religion, participation in labor union, race, ethnic group, family origin, legal address on family registry and medical information) unless authorized by law or necessary to conduct business on condition that the Company has the related customer's consent.
By submitting your Personal Data to us, you consent to us collecting, using, disclosing and processing your Personal Data in accordance with this Notice. We will also take it that all Personal Data provided by you is accurate and complete, and that none of it is misleading or out of date. You will promptly update us in the event of any change to your Personal Data. In some circumstances, you may have provided Personal Data relating to other individuals (such as your spouse, family members or other third-party including minors). You represent and warrant that you are authorized to provide their Personal Data to us, and you have obtained their consent to the collection, use, disclosure and processing of their Personal Data in accordance with this Notice. Please be rest assured that you will be able to terminate your consent at any time by writing to us of your intention.