1. INTRODUCTION
These are the General Terms and Conditions of Use for www.soonhincompany.com (collectively, the “Website”). The Website is operated by Soon Hin Company Sdn Bhd., a company incorporated in Malaysia under the Registration No. (000221419-M) and with its registered office at A-139 & A, 141, Jalan Beserah, Taman Seaview, 25300 Kuantan, Pahang, Malaysia (hereinafter referred to as “Soon Hin” or “we”).
1.2 Users of the Website (“Customer”, “User”, “you” and “your”) will be subject to these General Terms and Conditions of Use. Soon Hin and the User shall collectively be referred to as “Parties” and “Party” shall refer to any of them, as the context may require.
1.3 These General Terms and Conditions of Use consist of miscellaneous provisions, which shall be applicable to all Users of the Website, terms and conditions of sale on www.soonhincompany.com, which shall be specifically applicable to Users of www.soonhincompany.com.
1.4 By using the Website, you agree to be bound by these General Terms and Conditions of Use.
1.5 These General Terms and Conditions of Use may be amended, modified or updated from time to time by Soon Hin Company without notice. You are encouraged to check this page regularly to take notice of any changes we may have made to the General Terms and Conditions of Use.
1.6 These General Terms and Conditions of Use, together with the Privacy Policy, governs and applies to anyone accessing or using the Website and the relationship between the Parties. By accessing and/or using the Website, you are deemed to have agreed to be bound by these General Terms and Conditions of Use, the Privacy Policy and any amendments issued by us from time to time.
2. REPRESENTATION AND WARRANTIES
2.1 By using the Website and utilizing the services available via the Website: You represent and warrant that you are over 18 years of age; You have the legal capacity to abide by these General Terms and Conditions of Use and to form a binding contract; You undertake to accept and be bound by these General Terms and Conditions of Use and to comply with all applicable laws, regulations and rules in relation to your access to and use of the Website; You represent and warrant that you are authorized to provide the personal data necessary and all personal data provided to Soon Hin Company is true and accurate; You are authorized to use the payment method you will provide for placement of orders
3. ACCESS AND USE OF WEBSITE3.
3.1 Access of Website
3.1.1 It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website.
3.1.2 Unavailability of features, parts, or content: We cannot guarantee the continuous, uninterrupted or error-free operability of the Website; There may be times when certain features, parts or content of the Website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you; You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website.
3.2 Use of Website
3.2.1 Unless otherwise specified, the Website is solely for your personal and non-commercial use and you agree that you are only authorized to visit, view and retain a copy of any information or services obtained from the Website for informational use. You understand and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing or selling any information, material or services obtained from the Website.
3.2.2 Except to the extent expressly set out herein, you are not allowed to:
a. 'scrape’ content or store content of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all the content of the Website;
b. remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted;
c. use any part of the content on the Website for commercial purposes without obtaining a license to do so from us or our licensors;
d. modify the physical or electronic copies of the content of the Website you have printed, copied, or stored;
e. or create links to the Website from any other website without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Website, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
f. transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
g. knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
h. or use the Website in any way that breaches any applicable law, regulation or rule;
i. use the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
4. CONTENT
4.1 All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Website (hereinafter referred to as the “Content”) are owned by Soon Hin Company or its associated companies.
4.2 We may change the format and content of the Website from time to time. You agree that your use of the Website is on an ‘as is’ and ‘as available’ basis and at your sole risk.
4.3 Whilst we try to make sure that all information contained on the Website (other than any User-Generated Content and/or User Submission) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
4.4 Soon Hin Company makes no representations, warranties or guarantees, whether express or implied, as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any Content of the Website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Website or relying on any of its content. Soon Hin Company reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice.
4.5 We cannot and do not guarantee that any Content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
4.6 The Website may include links to third party websites that let you leave the Website. These linked sites are not under the control of Soon Hin Company and Soon Hin Company is not liable or responsible for the accuracy, completeness, timeliness or availability of any third party content. Links to any third party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by Soon Hin Company of the website. Your use of such third party website(s) is at your own risk and may be subject to that third party’s terms and conditions.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Soon Hin Company and/or its associated/affiliated companies are the owner(s) or the licensee(s) of all intellectual property rights in the Website. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to Soon Hin Company or its associated companies’ trademarks, Products or business activities.
5.2 All intellectual property rights in any Content of the Website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by Soon Hin Company or our associated/affiliated companies or our licensors and except where expressly permitted by us, you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, license, transfer or sell any Content.
5.3 Nothing in these General Terms and Conditions of Use gives you any rights in respect of any intellectual property owned by us or our associated/affiliated companies or our licensors and you acknowledge that you do not acquire any ownership rights by downloading Content from the Website. If you print off, copy or store pages or Content from the Website (only as permitted by these General Terms and Conditions of Use), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original Content are reproduced.
6. DISCLAIMER AND LIMITATION LIABILITY
6.1 Soon Hin Company assumes no liability or responsibility for:
a. errors, mistakes or inaccuracies of the Content, User-Generated Content, User Submission, Products or any other information or material set out or made available through the Website;
b. any unauthorized use of secure servers (whether provided by Soon Hin Company directly or by third parties appointed by Soon Hin Company) and/or any and all personal information stored therein;
c. any property damage of any nature whatsoever resulting from a Customer or User’s access to and use of or reliance on any Content, User-Generated Content, User Submission, Products or any other information or material set out or made available through the Website or any linked third party website(s);
d. any interruption or cessation of transmission to or from the Products provided on the Website or any linked third party website(s);
e. any viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware transmitted through the Website or any linked third party website(s);
f. any errors or omissions in the Content, User-Generated Content, User Submission, information or material set out or made available through the Website or any linked third party website(s) or for any loss or damage of any nature incurred as a result of the use of or reliance on any of the foregoing.
6.2 Any Content, User-Generated Content and Products made available or obtained through the Website or any linked third party website is done at the Customer’s own discretion and risk. The Customer shall be solely responsible for any damage to their computer system or electronic device, or any loss of data that results therefrom.
6.3 Use and reliance upon any and all of the Content, User Submission or User-Generated Content is at the Customer’s own discretion and risk and is made available on an “as is” and “as available” basis. Except as may be expressly stated herein, Soon Hin Company makes no warranties or representations about the accuracy or completeness of the Content, User Submission, User-Generated Content, Products or any other items or material made available or linked to from the Website.
7. INDEMNITY
7.1 The Customer shall keep Soon Hin Company fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by Soon Hin Company, its officers, employees, servants, representatives, manufacturers, distributors, corporate affiliates and/or agents, arising out of or in connection with:
a. any claim made by any third party due to or arising out of any Content posted by the Customer on the Website;
b. any actual or alleged breach or non-performance or non-observance of any of the Customer’s obligations or warranties under these General Conditions, or otherwise arising in any way out of the Customer’s use of the Website or purchase of the Products;
c. or any infringement or misappropriation by the Customer of any third party’s patent, copyright, trademark or other intellectual property rights in connection with the use of the Website or purchase of the Products.
8. FORCE MAJURE
8.1 A force majeure event means any cause which is not reasonably foreseeable and is beyond the reasonable control and not due to the fault or negligence of the Party affected (including its subcontractors, if any) and which could not have been avoided by due diligence and the use of reasonable efforts. A force majeure event includes but shall not be limited to any act of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes, or labor disputes (excluding any strikes, labor disputes or other labor difficulties in which the employees of the affected Party (or its subcontractors, if any), are involved) and changes in law. A force majeure event includes the failure of a subcontractor to furnish labor, services, materials or equipment in accordance with its contractual obligations only if such failure is itself due to a force majeure event.
8.2 Soon Hin Company shall not be liable for any failure or delay in performing its obligations under these General Terms and Conditions of Use as a result of a force majeure event, provided that it notifies the Customer as soon as reasonably practicable upon knowing that it will not be able to fulfil its obligations.
8.3 Obligations which arose prior to the occurrence of the force majeure event causing the suspension of performance shall remain enforceable and shall not be excused.
8.4 Where the force majeure event affects Soon Hin Company’s delivery of Products to the Customer, Soon Hin Company will arrange to deliver the Products to the Customer after the force majeure event is over.
9. BREACH
9.1 When we consider that a breach of these General Terms and Conditions of Use has occurred, we may take such action as we deem appropriate.
9.2 A material breach of these TOU may result in:
a. immediate, temporary or permanent withdrawal of your right to use the Website;
b. immediate, temporary or permanent removal of any User-Generated Content and/or User Submissions uploaded by you to the Website;
c. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
d. further legal action against you;
e. or disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
9.3 We exclude our liability for all action we may take in response to breaches of these General Terms and Conditions of Use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate
10. ILLEGALITY
10.1 If at any time, any provisions of these General Terms and Conditions of Use is or becomes illegal, invalid or unenforceable in any respect, that shall not affect the legality, validity or enforceability of any other provisions of these General Terms and Conditions of Use.
11. GOVERNING LAW
11.1 These General Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Malaysia and the Parties submit to the exclusive jurisdiction of the Courts of Malaysia in all matters arising out of or in connection with these General Terms and Conditions of Use.
Last updated: 13th February 2023
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
YOUR DATA
This Privacy Policy applies to personal information about individuals, be it site visitors, customers, event participants, service providers and/or business partners, held by Soon Hin Company Sdn Bhd. (hereinafter referred to as “Soon Hin” or “we” or “us”), a company incorporated in Malaysia and having its place of business at A-139 & A, 141, Jalan Beserah, Taman Seaview, 25300 Kuantan, Pahang, Malaysia.
We comply with the Personal Data Protection Act 2010 (“PDPA 2010”), which regulates how we collect, use, disclose, store, correct and protect your personal information.
By providing your personal information to us and/or visiting or using any of the pages available on Soon Hin Company’s websites at www.soonhincompany.com on which this Privacy Policy or a link to this Privacy Policy appears, you are deemed to have read the following policy and expressly consent to our collection, storage, use and disclosure of your personal data in accordance with the terms of this Privacy Policy.
PERSONAL DATA
Personal data shall have the same meaning accorded under the Personal Data Protection Act 2010 of Malaysia. Personal data is any personal information from which an individual would be identifiable, and it includes information such as name, date of birth, email address, telephone number, NRIC or passport number, address, credit card information et cetera (hereinafter referred to as “Personal Data”).
COLLECTION OF PERSONAL DATA
1. In accordance with the principles of the PDPA, we will notify you of the purposes and obtain your consent for the collection of your Personal Data, unless an exception under the law permits us to collect and process your Personal Data without your consent. Usage Data is collected automatically when using the Service.
2. Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
3. You can browse our Platform without sharing your personal data with us and remain anonymous. However, where it is indicated that it is mandatory for you to provide your Personal Data to us, failure to provide such information may result in you not being able to access and use certain features of the Site.
4. You acknowledge that you provide your Personal Data to us voluntarily. If you provide Personal Data of your dependent(s) to us, you warrant that you are legally authorized to do so.
USE AND PROCESSING PERSONAL DATA
1. Personal Data collected may be used for various purposes (collectively, the “Purposes”), including but not limited to:
a. responding to your queries and communicating with you so as to better address your needs;
b. communicating with you and sending you information which we think may be of interest to you;
c. enabling you to use the Platform;managing your orders and payment online, the subsequent home delivery or self-collection of products as well as exchanges or returns of products, if applicable;
d. enabling you to register yourself or your dependent(s) for activities or events organized by us;
e. management of marketing communication in relation to our products, services, promotion, stores or Platform;
f. management of customer reviews on products;
g. facilitating your participation in our organization of sports event, customer contests, competitions, surveys, interviews or product tests;
h. conduct market research or surveys, marketing analysis, customer profiling activities, analysis of customer choices, statistical and trend analysis in relation to our products and/or services;
i. management of after sales services, such as enabling us to contact you in the event of any defective components, or to offer workshop services or to contact you in the event of product recalls;
j. contacting you about functionality changes to our Platform;
k. enable us to comply with obligations under laws or regulations or to assist in investigations by the authorities;
l. prevent fraudulent or illegal activities, and enforce our Terms and Conditions of Use;
m. develop, maintain and improve our services.
2. By providing your Personal Data to us, you consent to us processing your Personal Data in accordance with this Privacy Policy, and you confirm 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.
PROTECTION AND SECURITY OF PERSONAL DATA
1. We take all the necessary precautions to ensure the confidentiality of your personal data. We have the necessary technical and organizational measures in place to safeguard the personal data that you provide and to prevent its disclosure to unauthorized third parties. Such measures include the use of encryption where personal data is entered on our Platform as well as limited access to your personal data.
2. Transfer of Data outside of Malaysia. As we may outsource some of our data processing, your personal data may be transferred to, accessed in and stored at a destination outside Malaysia. Where such a transfer occurs, we ask that the third parties provide sufficient guarantees to implement appropriate and adequate technical and organizational measures to such a degree that will ensure the security and protection of your personal data. By using the Platform, you hereby expressly consent to the transfer of your personal data outside of Malaysia.
3. In the unlikely event that we believe that the security of your personal data has been compromised, we may seek to notify you of that development. If we have your email address, we may notify you by email. By using the Platform, you consent to our use of email as a means of such notification.
EXCEPTIONS
1. As a general rule, Soon Hin Company processes your Personal Data and ensures the security and confidentiality of your Personal Data. We will take the necessary and appropriate measures to obtain your consent prior to the use or disclosure of your Personal Data.
2. The exceptions are where Soon Hin Company engages service providers to perform specific services on our behalf and for purposes mentioned in clause 4.1 above, including but not limited to the following:
a. delivery of products ordered through our Platform;
b. hosting your Personal Data in data centers through storage facility providers;
c. statistical and analytical studies;
d. monitoring the quality of our service or Platform;
e. improving advertising campaigns or promotions, marketing and business efficiencies and prospective sales.
In such situations, the service providers are authorized to use your Personal Data only to perform the specific services entrusted by Soon Hin Company. As part of our agreement with them, they are required to take all reasonable measures to ensure and maintain a high level of security of your Personal Data.
3. Your Personal Data may also be shared or disclosed to third parties such as our professional advisers, regulatory and government authorities, on a need-to-know basis, where we are under a duty to do so.
COMMUNICATION AND MARKETING
When it comes to marketing, respect for your peace and tranquility and the relevance of our messages are two rules on which we never compromise. If you have provided your email address to us while using the Platform, you may receive communication emails from us. You may unsubscribe from such communication emails by clicking on the “unsubscribe” link in any email communications which we might send you.
COOKIES
1. The Platform integrates the use of cookies. Cookies are files that are saved on your computer or smartphone. Cookies enable us to collect and store information concerning your browsing activity on our Platform. These cookies have several purposes, including but not limited to:
a. enabling you to use the main functions of the Platform, such as managing your shopping cart or remaining logged in while you browse the Platform;
b. enabling you to visit the Platform in a personalized way based on your previous visits and purchases;
c. enabling you to receive offers from us on external partner websites.
Cookies do not contain your personal data.
2. Management of cookies. Most browsers, smartphones and other web-enabled devices are typically set up to accept cookies. There are different options available to manage the cookies. You can change your browser settings to prevent cookies from being accepted or, depending on which browser you are using, you might be able to receive an alert when a website is trying to place one on your browser. With most browsers you can allow first party cookies to be set but refuse third party cookies. You can delete cookies stored in your browser by using a function in your browser. Whilst this does not mean you won’t collect cookies in the future, it gives you freedom to delete your cookies after you have been online. This function is known as “clearing cookies”. Clearing your cookies on one browser of one device does not automatically clear them on another. You need to clear all browsers on all channels independently. Please note that by blocking or deleting cookies used on the Platform, you may not be able to take full advantage of the Platform.
3. To make full use of the Platform, cookies need to be enabled on your browser as certain features will not work if you reject cookies. Your experience online will be severely restricted should you disable cookies as you will not be able to set up an account, log in to an existing one and purchase online.
4. By using the Platform, you consent to the use of cookies and the collection of information by us through these cookies.
YOUR RIGHTS
1. We are committed to safeguarding your Personal Data and ensuring that it is stored securely. You have rights over your data, which you may exercise subject to our right to rely on any statutory exemptions and/or exceptions to collect, use and disclose your Personal Data.
2. Your rights include:
Right of access
The right of access allows you to request access to personal data that we hold about you.
Right of rectification
The right of rectification allows you to update your data.
Right to object
The right to object allows you to limit or to stop the processing of your data. It also allows you to opt-out of marketing communication.
Right of erasure
Soon Hin Company does not store data longer than necessary. All your data is automatically erased, if it is no longer necessary in relation to the purpose of collection. The right of erasure allows you to have your data erased earlier.
Right to portability
The right to portability enables you to request that we transmit your data in format technically usable to yourself or another entity.
Right to prevent processing for purposes of direct marketing
This right allows you to opt-out of receiving direct marketing communication.
You may exercise your rights by contacting our Soon Hin Digital Assets Team through the following methods:
Writing to following address:
Soon Hin Company
A-139 & A, 141, Jalan Beserah,
Taman Seaview, 25300 Kuantan,
Pahang, Malaysia.
Attn: Legal Officer
Sending an email to admin@soonhincompany.com
To ensure your request is processed as efficiently as possible, please indicate the right(s) that you wish to exercise and what it is in relation to. Our security procedures mean that we may request proof of identity before we take the action requested for.
RIGHTS TO AMEND THIS PRIVACY POLICY
We reserve the right to amend this Privacy Policy at any time. If material changes are made to this Privacy Policy, they will be posted on this page and date stamped. We encourage you to review this page periodically in order for you to stay notified of any changes.
Your continuous use of this Platform and acceptance of our services after any changes to this Privacy Policy constitutes your consent to any such changes.
In accordance with Section 7(3) of the PDPA, this Privacy Policy is issued in English.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
CONTACT US
If you have any questions about this Privacy Policy, You can contact us:
By email: admin@soonhincompany.com
By phone number: 09-513 0998