Saniware 

  1. Privacy Policy

The Company’s Privacy Policy (which can be accessed from this Website) is incorporated by reference into these Terms of Use and applies to your use of this Website.

  1. Consent to receive e-mails

You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 18 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Malaysia or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

  1. Indemnity

To the maximum extent permitted by law, you agree to indemnify and keep the Company fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which the Company may suffer or incur arising in any way in connection with a breach by you of these Terms of Use.

  1. Limitation of Liability

To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.

To the maximum extent permitted by law and subject to the following paragraph of this Clause 18, you agree that the Company has no liability, and will not be liable, to you or any other person whether in contract, tort or otherwise for any costs, expenses, injury, loss or damage of any kind (including direct, indirect, special or consequential loss or damage of any kind, loss or profits, loss or corruption of data, business interruption or indirect costs) you or any other person may suffer or incur (whether by the negligence or fault of the Company or otherwise, except where the Company has purposefully acted in bad faith) arising in any way in connection with the use of this Website by you.
If rights are conferred upon you or obligations are imposed upon the Company by certain Federal or State legislation which cannot be excluded, the provisions of this Clause 18 shall be read subject to those rights or obligations, and to the extent permitted by such legislation the Company hereby expressly limits its liability under any such legislation to the maximum extent permitted by law.
Subject to the preceding paragraph of this Clause 18, you agree that the liability of the Company (which cannot be limited beyond the following provisions) is limited to:

  1. in the case of the supply of goods by the Company, any 1 or more of the following (at the Company’s option):
    1. the replacement of the goods or the supply of equivalent goods;
    1. the repair of the goods;
    1. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
    1. the payment of the costs of having the goods repaired; or
    1. in the case of the supply of services by the Company, any 1 or more of the following (at the Company’s option):
  2. the supply of the services again; or
  3. the payment of the costs of having the services supplied again.

Without reducing the effect of, and subject always to, the preceding provisions of this Clause 18, the Company’s total aggregate liability (if any) to you arising in any way in connection with the use of this Website will not, in any event, exceed the amount invoiced by the Company to you in connection with the use of this Website by you pursuant to which any such liability of the Company to you arises.

For the sake of clarification, nothing in the preceding provisions of this Clause 21 is to be construed as the Company having any actual or deemed liability to you or any other person as a result of or in any way arising out of or in connection with the use of this Website.

  • Disclaimer

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE AND OUR SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. Neither we nor our subsidiaries, affiliates, partners, licensors, brand licensees and suppliers warrants or makes any representations that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Website (including any information and materials on this Website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

This is a public web site. You should have no expectation of confidentiality with respect to any User Content you may submit on this Website. Do not submit confidential information here.

We and our subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Website or the services which make this Website available or electronic communications sent by us are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

  1. Availability of Website and Services

We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website or any part of the Services.

  1. Questions and complaints

If you have any questions or complaints, contact us by using the “Contact Us” page on the Website, as applicable.

  1. Termination
  2. Termination by us:

In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Website and/or Services and/or disable your Username and Password. We may bar access to the Website and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Website.

  1. Termination by you:

You may terminate these Terms of Use by giving fourteen days’ notice in writing to us.

  • Notices
  • Notices from us:

All notices or other communications given to you if:

a. communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or

b. sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

  1. Notices from you:

You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

  1. Other modes:

Notwithstanding Clauses 26.1 and 26.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

  1. Miscellaneous
    1. Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity
    1. Amendments: We may by notice through the Website or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Website or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Website and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use. Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law.
    1. Headings: used in these Terms of Use are for convenience only and shall be ignored in construing these Terms of Use.
    1. Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
    1. Currency: Money references under these Terms of Use shall be in General Malaysian Ringgit.
    1. Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
    1. Entire agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
    1. Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Website and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
    1. Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Website and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
    1. Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
    1. Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
    1. Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
    1. Terms and Conditions: means the terms and conditions of trade of the Company on which goods and services are supplied by the Company as they appear on this Website (or which have otherwise previously been agreed to by you) as may be varied by the Company from time to time by the Company amending the Terms and Conditions as they appear on this Website or by notice in writing to you.
      References to ‘include’ and like words are by way of example only and are without limitation. References to any document (including these Terms of Use) are references to that document as varied, amended, consolidated, supplemented, novated or replaced from time to time. References to any law are references to that law as amended, consolidated, supplemented or replaced from time to time.
      The failure of the Company to enforce or exercise at any time or for any period of time any term of any contract incorporating these Terms of Use shall not constitute or be construed as a waiver of such term and shall in no way affect the Company’s right thereafter to enforce or exercise same. Any provision of these Terms of Use which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of these Terms of Use, and any such prohibition or unenforceability shall not invalidate such provision in any other jurisdiction. These Terms of Use and any contract entered into between the Company and you shall be governed by and construed in accordance with the laws of Malaysia and you hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Malaysia and of any Courts which may hear appeals therefrom; provided however that these Terms of Use may be enforced by the Company against you in any other jurisdiction.

Privacy Page

Saniware is committed to protecting your personal data. This privacy notice describes how Saniware processes and uses the personal data that we receive from you in connection with this website and how you can contact us if you have additional questions regarding our processing of your personal data.

This section describes:

  • the types of personal data we collect from you in connection with this website;
  • how we use that information and why;
  • who we share it with and where;
  • how long we store it for;
  • your rights, including how you can contact us if you have additional questions about the processing of your personal data; and
  • how we can make changes to this notice

Saniware, B-1-11, Block B, Dataran Puchong, Jalan PU 7, Taman Puchong Utama, 47140 Puchong, Selangor, Malaysia, Reg. no 1357347-P as “data controller” is responsible for the processing of your personal data.

What personal data do we collect?

Saniware collects and stores personal data (for example your name, address, email, telephone number, country) that you submit in order to obtain information from us. This personal data helps Saniware to process your request for information.

Saniware also collects and stores personal data that you submit (a) as part of your account details (if applicable) and/or (b) in connection with your requests for, or purchase of, products on our website (where such functions exist). Such information includes contact and delivery details as well as financial information concerning your online product payments.

How and why will we use your personal data?

In addition to the above-mentioned use and purposes, we use your personal data to administrate and improve this website, for our internal records, for statistical analysis about the use of the website and (if applicable), to complete your product orders and/or to contact you regarding sales and as a part of our customer relation procedures.

Saniware’s collection of personal data is based on the need to carry out the processes stipulated above. To the extent that Saniware uses the personal data to improve this website or for analysing statistics, the basis for collection of data is Saniware legitimate interest to conduct such improvements and analysis. Since no sensitive personal data will be processed and the processing is limited, Saniware has concluded that its legitimate interest to conduct the improvements and analysis takes precedence over your privacy interest.

Who and where is your personal data transferred to?

We may transfer your personal data to the following categories of recipients to the extent necessary in order to complete the processes stipulated above or if legally required:

  • Government agencies and institutions;
  • Other legal entities within the Saniware; and
  • Our service providers such as legal counsel or IT hosting providers relevant to the service.

We take measures to protect all personal data transferred to a third party, or to other countries, in accordance with applicable data protection laws and as stated above.

For how long will we store your personal data? 

Saniware stores the personal data as long as it is necessary to fulfil the purpose for which the data has been collected, unless we may, or are obligated by law to, store the data for a longer period of time. Saniware will delete your data when we are no longer required by law to retain it or when it is no longer necessary for the purposes of providing the service. Upon termination of the service the data will be deleted after three (3) months of such termination.

Your information and access rights

You have the right to request access to the personal data relating to you. This includes the right to be informed whether or not personal data about you is being processed, what personal data is being processed, and the purpose of the processing. You also have the right to rectify or add personal data if the personal data is inaccurate or incomplete. As soon as we become aware of any inaccurate personal data being processed, we will always correct such personal data as soon as possible and notify you accordingly.

Right to erasure

You may request that your personal data be erased for example in the following situations:

  • If the personal data is no longer necessary for the purposes for which it was collected; 
  • if you object to the processing of personal data where we do not have an overriding legitimate interest;
  • if the processing is unlawful; or
  • if the personal data has to be erased to enable us to comply with a legal requirement.

If you have any questions about your right to erasure, please contact the Saniware Divisional DPM (Data Protection Manager). Please note that we may reject your request if the processing is permitted or required according to law or any other relevant legal ground.

Right to object

You are entitled to object to our use of your personal data that we base on our legitimate interest. If you object, we will no longer process your personal data unless we can show that we have compelling legitimate grounds for the processing that overrides your interests or rights and freedoms or if we need it to establish, exercise, or defend legal claims.

Right to restriction

You can request us to restrict the processing of your personal data in the following situations:

  • If the processing is no longer necessary for the purposes for which it was collected or otherwise processed;
  • if you withdraw your consent for use of data that we base on your consent; 
  • if you believe the personal data may not be correct;
  • if you believe that the processing is unlawful; or
  • if we process your personal data based on our legitimate interest, where we do not have an overriding interest in relation to your privacy interest.

Right to Data Portability

If you request access to personal data about you that you yourself have provided and if the personal data is being processed automatically, you may request that the data is provided in a structured, commonly-used and machine-readable format and you may also request that the personal data is transferred to another controller, if this is technically possible.

Contact information

Saniware, Reg. no 1357347-P is responsible for the processing of your personal data, and requests to exercise your rights as stated above shall be addressed to Saniware, Attn: Saniware DPM, NO. 13-2, JalanPerubatan 3, Pandan Indah Cheras, 55100 Kuala Lumpur, Malaysia or sales@saniware.com

If you have a complaint regarding the processing of your personal data by Saniware you are entitled to report such dissatisfaction to the supervisory authority for the personal data processing of Saniware, or sales@saniware.com.

Changes to Privacy Notice

We may update this privacy notice from time to time in response to changing legal, regulatory or operational requirements. We will notify you of any such changes (including when they will take effect). Your continued use of the website after any such updates take effect will constitute acceptance of those changes. If you do not accept any updates to this privacy notice, you should stop using this website.