Terms and Conditions
SME PENANG
TERMS OF USE
Small And Medium Enterprise Association of Penang (“SME Penang”) would like to thank you for subscribing to the membership online.
To ensure that both Parties are aware of their rights and responsibilities, kindly read this Terms of Use thoroughly and be sure that you fully understand the said terms before you click the “AGREE” button.
By clicking the “AGREE” button, you have read, understood, and acknowledged the terms of use for online membership as well as the use of this website. You are bound by the said Terms of Use.
If you do not agree to the Terms of Use, kindly click the “DISAGREE” button and you shall be redirected accordingly. In the event that you click the “DISAGREE” button, the use of this website shall be restricted to certain permitted features of the website only.
USE OF ONLINE MEMBERSHIP WEBSITE
SME Penang offers the services to its members and may from time to time revise, modify or add additional services.
You hereby declare that you have attained the age of 18 years old when subscribing.
The use of this website shall be solely for the purpose of related transactions with SME Penang. You shall not reproduce any information, materials and/or data contained in this website without prior written consent of SME Penang.
You are responsible for the passwords being used to access or use this website. In the event you become aware of any unauthorized use of your password, you shall notify SME Penang immediately.
SME Penang reserves all intellectual property rights with regards to the design and content of this website. SME Penang shall have the right to demand and/or sue for any infringement of copyright committed pursuant to the use of this website.
USE OF YOUR PERSONAL/COMPANY INFORMATION
For the purpose of the feature, SME Penang may collect, process, or disclose your personal information in accordance with the provisions of the Personal Data Protection Act 2010 and SME Penang’s Privacy Policy. The full Privacy Policy can be accessed at www.smepenang.org.my
PAYMENT
By submitting payment through this website, it means that you have agreed to the mechanism of payment including the time taken to affect the said payment.
While we employ best efforts to ensure the success of your payment, SME Penang does not guarantee the success of the payment made through this website.
Any information furnished by you to SME Penang relating to payment of bills shall be deemed as final, true and accurate, save for any manifest error. Payment of the bills shall be processed by a third party payment gateway service provider.
Payment of the member's bill may only be deemed as effected upon receipt by SME Penang of the full sum of payment. SME Penang shall not be liable for any losses and/or damages resulting from any unsuccessful payment in whatsoever conditions.
SME Penang reserves the right to commence any action for the recovery of any outstanding amounts due and payable by the member.
REFUND POLICY
Payment or Credit Balance tied to the membership account is not refundable, reversible and/ or transferable to other member’s accounts. User shall ensure that the payment is made correctly. SME Penang shall not responsible for any error caused by the user. On a case to case basis, SME Penang may refund, adjust, reverse and/or transfer at its sole discretion upon application made by the user at SME Penang Council.
DISCLAIMER
SME Penang does not warrant the use of the website will be uninterrupted, error-free, free of viruses and/or any harmful elements. SME Penang will take necessary reasonable measures to ensure that interruptions, errors and/or virus threats are at a reasonable minimum level.
All information, material, feature and content of this website are correct and accurate at the time the same are available and subject to changes from time to time. SME Penang reserves to exercise its own discretion in affecting necessary changes.
SME Penang expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranty of non-infringement of intellectual property rights.
SME Penang does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, currentness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions.
INDEMNITY
You hereby agree to indemnify and keep indemnified SME Penang, from and against all loss, damage, claims or expenses, including solicitors’ fees, arising out of your use or misuse of this website where the use or misuse are in breach of this Terms of Use.
LIMITATION OF LIABILITY
You agree that SME Penang shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this website. You specifically agree that SME Penang is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that SME Penang is not responsible for any content sent using and/or included in this website by any third party.
You expressly understand and agree that SME Penang shall not be liable for any direct, indirect, incidential, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- the use or inability to use this website;
- the provision or failure to provide the service provided under this website;
- unauthorized access to or alteration of your transmissions or data;
- any information or services obtained through this website or any other matter relating to
this website whether based on contract, tort, negligence, strict liability or otherwise (even if SME Penang has been advised of the possibilities of such damages).
PROPRIETARY RIGHTS
You acknowledge and agree that this website and any necessary software used in connection with this website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. SME Penang grants you a revocable personal, non- transferable and non-exclusive license to use the software for viewing and otherwise using this particular website in accordance with the terms and conditions and for no other purpose, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You also may not, without SME Penang’s expressed prior written consent, reproduce, retransmit or copy or modify any of the contents of this website. SME Penang disclaims all liability which may arise from any unauthorized reproduction or use of the contents of this website.
TERMINATION
SME Penang may terminate your access to any part of this website at any time without any notice, to be effective on immediate effect without assigning any reason whatsoever. SME Penang shall not be liable for any losses and/or damages suffered by you resulting from such termination.
GENERAL
This Terms and Conditions constitute the entire agreement between you and SME Penang and governs your use of this website. These terms and conditions are meant to regulate your access to this website. You agree that no joint venture, partnership, employment or agency services exist between you and SME Penang as a result of your acceptance of the terms and conditions and use of this website. The terms and conditions will be governed by and construed in accordance with the laws of Malaysia. You hereby irrevocably consent to the exclusive jurisdiction of Malaysian Courts in all disputes arising out of or relating to the use of this website.
The section titles in the terms and conditions are for convenience only and have no legal or contractual effect.
TRADEMARK
All trademarks, service marks, and logos displayed in this website are the property of SME Penang. Unless the prior written consent of SME Penang has been obtained, no license or right is granted to any party accessing this website to use, download, reproduce, copy or modify such trademarks, services marks or logos.
MISCELLANEOUS
The failure of SME Penang to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect. Any rights not expressly granted herein are reserved.
LAW AND JURISDICTION
These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this website and/or using the services provided herein by SME Penang, you hereby consent to the exclusive jurisdiction of the Malaysian courts in all disputes arising out of or relating to the use of this website. SME Penang makes no representation that the materials, information, functions and/or services provided on this website are appropriate or available for use in jurisdictions other than Malaysia.
Privacy Policy
SME PENANG
PRIVACY POLICY
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from smepenang.org.my (“the website”).
PERSONAL INFORMATION WE COLLECT
When you visit the website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the website, and information about how you interact with the website. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the website.
Additionally, when you make a purchase or attempt to make a purchase through the website, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the website (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our website (for example, by generating analytics about how our customers browse and interact with the website, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. We also use Google Analytics to help us understand how our customers use the website–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
INCLUDE OPT-OUT LINKS FROM WHICHEVER SERVICES BEING USED.
COMMON LINKS INCLUDE:
- FACEBOOK – https://www.facebook.com/settings/?tab=ads
- GOOGLE – https://www.google.com/settings/ads/anonymous
- BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our website’s data collection and use practices when we see a Do Not Track signal from your browser.
DATA RETENTION
When you place an order through the website, we will maintain your Order Information for our records unless and until you ask us to delete this information.
MINORS
The website is not intended for individuals under the age of 18.
CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected] or by mail using the details provided below:
SMALL AND MEDIUM ENTERPRISE ASSOCIATION OF PENANG
17G, Lebuhraya Batu Lanchang, 11600 Penang
