Terms of Use & Disclaimer - Cloud ERP, WMS, Inventory, Ai

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to local laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Disclaimer

The website content, videos, articles, analysis, opinions, statements, financial information, news, research, statements or any other information or content contained within content created by us, its directors, employers or contractors is for general advice only, not personal and/or investment advice. It does not take into account your personal circumstances, please do not act based solely on this information. By Viewing any material or using the information within this site you agree that this is general education material and you will not hold any person or entity responsible for loss or damages resulting from the content or general advice provided by the owner of this website.

Privacy Statement

This Privacy Statement sets out how SmartB Solutions Sdn Bhd (and its websites) collect, store and handle personal information (as defined below) of individuals in accordance with the Personal Data Protection Act 2010 (“PDPA”) and the laws of Malaysia.Please read this Privacy Statement to understand how we use the personal information we may collect from you. By providing your Personal Information to us, you are consenting to this Privacy Statement and the collection, use, access, transfer, storage and processing of your personal information as described in this Privacy Statement.

Please note that although out company is not registered in Malaysia, some of its business activities are operated in Malaysia and, hence, the statement applies.

What This Privacy Statement Explains

This Privacy Statement explains:

What kind of personal information we collect
How we collect your personal information
How we use your personal information
When we disclose your personal information
When we transfer your personal information abroad
Your right to access and correct your personal information

Our Commitment To You

We value your trust and are committed to protecting your personal information. To ensure that you can make informed decisions and feel confident about supplying your Personal Information to us when using any of our websites, Products and/or Services, we provide you with this Privacy Statement outlining our practices and the choices you have concerning how your Personal Information is being collected and used by us.

Defining Personal Information

Personal information refers to any information which relates directly or indirectly to you. This includes any information that can be used to distinguish, identify or contact you. For the purposes of this Privacy Statement, personal information encompasses sensitive personal information which relates to information relating to your health, political opinions, religious beliefs, etc. For the avoidance of doubt, please note that this Privacy Statement is applicable only if you are a natural person / an individual.

What Kind Of Personal Information We Collect

In order for us to provide you with our Products and/or Services and to operate in an efficient and effective manner by providing you with the best service possible, we need to collect relevant personal information from you. The personal information collected by us may include (but is not limited to) the following:-

contact information such as your name, date of birth, identification supporting documents, gender, nationality and race, preferred language, current private and/or business address, installation address, telephone or mobile phone number, fax number, email address
your credit card information and bank account details
the status of the Products and/or Services you have acquired from us or subscribed to
how you use the Products and/or Service (for example traffic data such as numbers and addresses of calls, SMS, MMS, emails and other communications made and received by you and the date, duration, time and cost of such communications)
the amount of data that has been received and/or sent by you
the equipment you use when accessing our Products and/or Services (such as your mobile handset, your computer system and platform) to customize the service for you
your personal interests and preferences to help us tailor offerings of our Products and/or Services which would suit you best
clickstream data when you visit any of our websites (for example the pages you access and the Services and/or Products you browsed)
recording of calls placed by you to our help desk for our service enhancement and improvement

When And How We Collect Your Personal Information?

We may collect personal information directly from you when you:-

communicate with us (for example when you submit an application form to become our customer, or when you contact us for any enquiries including by calling our customer service)
register or subscribe for a specific Product and/or Service or our publications (for example, newsletters)
use our network and other Products and/or Services
participate in any of our surveys
enter into or participate in any competitions, contests or loyalty programmes run/organised by us
register interest and/or request for information of (through our online portals or other available channels) or subscribe to our Products and/or Services
respond to any marketing materials we send out
commence a business relationship with us (for example, as a service provider/business partner)
visit or browse our websites
lodge a complaint with us
provide feedback to us (for example via our websites or in hard copy)

Other than personal information obtained from you directly (as detailed above), we may also obtain your personal information from third parties we deal with or are connected with you (credit reference agencies or financial institutions), and from such other sources where you have given your consent for the disclosure of information relating to you, and/or where otherwise lawfully permitted.

How We Use Your Personal Information

We may collect and use personal information from you or from the category of third parties identified in this Privacy Statement, for one or more of the following purposes:-

to verify your identity
to assess and process your application(s) /request(s) for our Products and/or Services
to provide you with the Products and/or Services you have requested
to administer and manage the Products and/or Services we provide you (including charging, billing, facilitating payments and collecting debts)
to investigate and resolve any service issues, billing queries, complaints or other enquiries that you submit to us regarding our network, Products and Services with our customer relations teams
to assess and/or verify credit worthiness
to detect and prevent fraudulent activity
to keep in contact with you and provide you with any information you have requested
to engage in business transactions in respect of Products and/or Services to be offered and provided to you
to establish and better manage any business relationship we may have with you
to process any communications you send us (for example, answering any queries and dealing with any complaints and feedbacks)
to help us monitor and improve the performance of our network, Products and Services, our customer relations teams and service providers and websites and to make these more efficient
to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems
to manage staff training and quality assurance
to notify you about benefits and changes to the features of our Products and/or Services
to determine how can we improve services to you
to produce data, reports and statistics which shall be anonymised or aggregated in a manner that does not identify you as an individual
to investigate, respond to, or defend claims made against, or involving the company
to conduct marketing activities (for example, market research)
to maintain records required for security, claims or other legal purposes
to comply with legal and regulatory requirements
for any other purposes that is required or permitted by any law, regulations, guidelines and/or relevant regulatory authorities

Disclosure of Your Personal Information

As a part of providing you with our Products and/or Services and the management and/or operation of the same, we may be required or need to disclose information about you to the following third parties:

law enforcement agencies
government agencies
companies and/or organisations that act as our agents, contractors, service providers and/or professional advisers
companies and/or organisations that assist us in processing and/or otherwise fulfilling transactions and providing you with Products and/or Services that you have requested or subscribed for
our business associates and other parties for purposes that are related to the purpose of collecting and using your personal information
other parties in respect of whom you have given your express or implied consent

subject at all times to any laws (including regulations, guidelines and/or obligations) applicable to the Company.

Direct Marketing

We may use your personal information to provide you with information about our and third party services and/or products, which may be of interest to or benefit you, except where otherwise requested or notified by you.

In certain instances, we may disclose your personal information to our preferred merchants and strategic partners. However, please note that we will only disclose your personal information to our merchants and strategic partners where you have subscribed for particular Services or Products which require such disclosure, and/or where your consent has been obtained, subject at all times to any laws (including regulations, guidelines and/or obligations) applicable to Company.

We take reasonable steps to ensure that our agreements with our merchants and/or strategic partners include appropriate privacy and confidentiality obligations.

If you do not wish your personal information to be utilised for the purposes of marketing or should you change your mind in relation to your previous decision, please contact us via the contact details provided below. Your latest written instructions to us will prevail.

What If Personal Information Provided By You Is Incomplete?

Where indicated (for example in registration/application forms), it is obligatory to provide your personal information to us to enable us to process your application for our Products and/or Services. Should you decline to provide such obligatory personal information, we may not be able to process your application or provide you with our Products and/or Services.

Your Rights To Access And Correct Your Personal Information

We can assist you to access and correct your personal information held by us.

Where you wish to have access to your personal information in our possession, or where you are of the opinion that such personal information held by us is inaccurate, incomplete, misleading or where relevant, not up-to-date, you may make a request to us by contacting us via the contact details provided below.

We will use reasonable efforts to comply with your request to access or correct your personal information within 21 days of receiving your request and the relevant processing fee.

Please note that we may have to withhold access to your personal information in certain situations, for example when we are unable to confirm your identity or where information requested for is of a confidential commercial nature or in the event we receive repeated requests for the same information. Nevertheless, we will notify you of the reasons for not being able to accede to your request.

Your Obligations

You are responsible for providing accurate and complete information to us about yourself and any other person whose personal information you provide us and for updating this personal information as and when it becomes incorrect or out of date by contacting us via the contact details provided below. This obligation is a condition to the provision of our Products and/or Services to you and/or any other person authorised or permitted by you or your organisation/company to use the Products and/or Services.

In the event you may need to provide us with personal information relating to third parties (for example about your spouse or children or where you are the designated person in charge (from an organisation or company) for dealing with us, if you are acquiring and are responsible for a service and/or product that they will use), you confirm that you have (i) obtained their consent or otherwise entitled to provide their personal information to us and for us to use accordingly, and (ii) informed them to read this Privacy Statement at our website.

Online Dealings With the Company

Cookies
We collect information about your use of our websites from cookies. Cookies are packets of information stored in your computer which assist your website navigation by customizing site information tailored to your needs. Cookies in themselves do not identify the individual user, just the computer used. You are not obliged to accept cookies. If you are concerned, you can set your computer either to accept all cookies, to notify you when a cookie is issued, or not to receive cookies at any time. However, rejection of cookies may affect your use of our websites as we will be unable to personalize aspects of your use of the website.

Links to Third Party Websites

Please be informed that this Privacy Statement applies solely to company’s websites and does not apply to any third party websites you may access from our websites. To determine how they deal with your Personal Information, you should ensure that you read their respective privacy policies.

Transfer Of Your Personal Information Outside Malaysia

It may be necessary for us to transfer your personal information outside Malaysia if any of our service providers or strategic partners (“overseas entities”) who are involved in providing part of a company products and/or Services are located in countries outside Malaysia or if you use the Products and/or Services from a country other than Malaysia (for example, international roaming). You consent to us transferring your personal information outside Malaysia in these instances. We shall take reasonable steps to ensure that any such overseas entities are contractually bound not to use your personal information for any reason other than to provide the Products and/or Services they are contracted by us to provide and to adequately safeguard your personal information.

Updates To Our Privacy Statement

We may amend this Privacy Statement from time to time and the updated version shall apply and supercede any and all previous versions, including but not limited to, leaflets or hard copy versions. Please check our website for information on our most up-to-date practices.

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Each product will have a customise refund policy and you are responsible for understanding it before purchase of those products.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

This website is owned and operated by SmartB Solutions Sdn. Bhd. (1240771-A), registered in Malaysia.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Hong Kong govern these terms and conditions. By accessing this website and using our services/buying our productsyou consent to these terms and conditions and to the exclusive jurisdiction of the courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will take immediate effect. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.