FlexBen

1. INTRODUCTION
1.1) This is the personal data privacy policy (Policy) of Flexben Solutions PLT (we, us, or our).
1.2) This Policy applies to personal information about individuals (customers, vendors, distributors, suppliers, service providers, joint venture/business partners, job applicants, employees) held by us. We will only process your Personal Data in accordance with the Personal Data Protection Act 2010, the applicable regulations, guidelines, orders made under the Personal Data Protection Act 2010 and any statutory amendments or re-enactments made of the Personal Data Protection Act 2010 from time to time (collectively referred to as the PDPA) as well as this Policy.
1.3) The PDPA requires us to inform you of your rights in respect of your Personal Data that is being processed or that is to be collected and further processed by us and the purposes for the data processing. The PDPA also requires us to obtain your consent to the processing of your Personal Data. In light of the PDPA, we are committed to protecting and safeguarding your Personal Data.
1.4) By providing your Personal Data to us and/or continuing access to our website (Site), you declare that you have read and understood this Policy and agree to us processing your Personal Data in accordance with the manner as set out in this Policy.
1.5) We reserve the right to modify, update and/or amend this Policy from time to time with reasonable prior notice to you. We will notify you of any amendments via announcements on the Site or other appropriate means. Please check the Site from time to time to see if there are amendments to this Policy. Any amendments to this Policy will be effective upon notice to you. By continuing to use the services and/or access to the Site after being notified of any amendments to this Policy, you will be treated as having agreed to and accepted those amendments.
1.6) If you do not agree to this Policy or any amendments to this Policy, we may not be able to render all services to you and you may be required to terminate your relevant agreement with us and/or stop accessing or using the Site.

2. COLLECTION OF PERSONAL DATA
2.1) The term Personal Data means any information in our possession or control that relates directly or indirectly to an individual to the extent that the individual can be identified or are identifiable from that and other information in our possession, such as name, address, telephone number, Identification/Passport number, date of birth, email address, etc. as well as Sensitive Personal Data as defined under the PDPA, which includes but is not limited to, information pertaining to the physical or mental health or condition of a data subject and religious beliefs.
The types of Personal Data collected depend on the purpose of collection. We may process your Personal Data by way of collecting, recording, holding, storing, using and/or disclosing it.
2.2) Your Personal Data may be collected from you during your course of dealings with us in any way or manner including pursuant to any transactions and/or communications made from/with us. We may also collect your Personal Data from a variety of sources, including without limitation, at any events, seminars, road shows, customer satisfaction surveys organised and/or sponsored by us, as well as from publicly available sources. Some examples of how personal data can be collected:

When you register your details on our website, apps;
When you complete claims submission, request on enquiries (by phone, in person, normal mail, or electronically);
When you communicate with us directly via our customer service centre, or directly in relation to our system (in person, by email, telephone, direct mail or any other means);
When you use services; such as Flexben System.
When you conduct certain types of transactions such as refunds;
When you enter, and when you interact with us for claims reimbursements tracking;

2.3) In addition, we may also receive, store and process your Personal Data which are provided or made available by any third parties, credit reference bodies, regulatory and law enforcement authorities, for reasons including delivery of our products and/or services, performance of conditions of agreements and/or to comply with our legal and regulatory obligations.

3. PURPOSE OF ACQUIRING AND PROCESSING YOUR PERSONAL DATA
The Personal Data as provided/furnished by you to us or collected by us from you or through such other sources as may be necessary for the fulfilment of the purposes at the time it was sought or collected, may be processed for the following purposes (collectively referred to as the Purposes):

to communicate with you;
to maintain and improve customer relationship;
to assess, process and provide products, services and/or facilities to you;
to administer and process any payments related to products, services and/or facilities requested by you;
to establish your identity;
to respond to your enquiries or complaints and resolve any issues and disputes which may arise in connection with any dealings with us;
to provide you with information and/or updates on our services;
to facilitate your participation in, and our administration of, any events, etc;
to maintain and update internal record keeping;
for internal administrative purposes;
to process any payments related to your commercial transactions with us;
to process and analyse your Personal Data either individually or collectively with other individuals;
to share any of your Personal Data with the auditor for our internal audit and reporting purposes;
to share any of your Personal Data pursuant to any agreement or document which you have duly entered with us for purposes of seeking legal and/or financial advice and/or for purposes of commencing legal action;
to share any of your Personal Data with insurance companies necessary for the purpose of applying and obtaining insurance policy(ies), if necessary;
for audit, risk management and security purposes;
for detecting, investigating and preventing fraudulent, prohibited or illegal activities;
for enabling us to perform our obligations and enforce our rights under any agreements or documents that we are a party to;
for meeting any applicable legal or regulatory requirements and making disclosure under the requirements of any applicable law, regulation, direction, court order, guidelines applicable;
to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable laws, legislation and regulations;

4. CONSEQUENCES OF NOT CONSENTING TO THIS POLICY
The collection of your Personal Data by us may be mandatory or voluntary in nature depending on the Purposes for which your Personal Data is collected. Where it is obligatory for you to provide us with your Personal Data, and you fail or choose not to provide us with such data, or do not consent to the above or this Policy, we will not be able to provide products and/or services or otherwise deal with you.

5. DISCLOSURE OF YOUR PERSONAL DATA
We will not sell, rent, transfer or disclose any of your Personal Data to any third party without your consent. However, we may disclose your Personal Data to the following third parties, for one or more of the above purposes:

your immediate family members and/or emergency contact person as may be notified to us from time to time;
any person under a duty of confidentiality to which has undertaken to keep your Personal Data confidential which we have engaged to discharge our obligations to you;
any party in relation to legal proceedings or prospective legal proceedings;
our auditors, consultants, lawyers, accountants or other financial or professional advisers appointed in connection with our business on a strictly confidential basis, appointed by us to provide services to us;
any party nominated or appointed by us either solely or jointly with other service providers, for purpose of establishing and maintaining a common database where we have a legitimate common interest;
payment channels including but not limited to financial institutions for purpose of assessing, verifying, effectuating and facilitating payment of any amount (if any);
government agencies, law enforcement agencies, courts, tribunals, regulatory bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices or municipality in any jurisdiction, if required or authorised to do so, to satisfy any applicable law, regulation, order or judgment of a court or tribunal or queries from the relevant authorities;
our joint venture/business partners, third-party product and/or service providers, suppliers, vendors, contractors, data processors or agents, that provide related products and/or services in connection with our business, or discharge or perform one or more of the above Purposes and other purposes required to operate and maintain our business, including but not limited to call centers, telecommunication companies, logistics companies, information technology companies and data centers;insurance companies for the purpose of applying and obtaining insurance policy(ies), if necessary;
financial institutions, merchants and credit card organisations in connection with your commercial transactions with us;
in the event of a potential, proposed or actual sale/disposal of any of our business or interest, merger, acquisition, consolidation, re-organisation, funding exercise or asset sale relating to us, or in the event of winding-up (Transaction), your Personal Data may be required to be disclosed or transferred to a third party as a result of, or in connection with, the Transactions.
You hereby acknowledge that such disclosure and transfer may occur and permit us to disclose and transfer your Personal Data to such third party and its advisors/representatives and/or any other person reasonably requiring the same in order for us to operate and maintain our business or carry out the activities set out in the Purposes.

6. ACCURACY OF YOUR PERSONAL DATA
6.1) We aim to keep all Personal Data as accurate, complete, not misleading, up-to-date and reliable as possible. Therefore, the accuracy of your Personal Data depends to a large extent on the information you provide. As such, it is a condition of us providing the products, services and/or facilities to you that you:
a. warrant and declare that all your Personal Data submitted or to be submitted to us are accurate, not misleading, updated and complete in all respects for purposes of acquiring or using the relevant products, services and/or facilities, and you have not withheld any Personal Data which may be material in any respect and that we are authorised to assume the accuracy and up-to-dateness of the Personal Data given by you when processing such Personal Data); and b. promptly update us as and when such Personal Data provided earlier to us becomes inaccurate, incomplete, misleading, outdated or changes in any way whatsoever by contacting us at the contact details below.

7. YOUR RIGHTS
7.1) Subject to the exceptions provided under the PDPA, you have the right to request for access to, request for a copy of, a request to update or correct, your Personal Data held by us.
7.2) You have the right at any time to request us to limit the processing and use of your Personal Data (for example, requesting us to stop sending you any marketing and promotional materials or contacting you for marketing purposes).
7.3) In addition, you also have the right, by notice in writing, to inform us on your withdrawal (in full or in part) of your consent given previously to us subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be affected. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your Personal Data, it may mean that we will not be able to continue with your existing relationship with us and/or the contract that you have with us will have to be terminated.

8. RETENTION OF YOUR PERSONAL DATA
Any of your Personal Data provided to us is retained for as long as the purposes for which the Personal Data was collected continues; your Personal Data is then destroyed from our records and system in accordance with our retention policy in the event your Personal Data is no longer required for the said purposes unless its further retention is required to satisfy a longer retention period to meet our operational, legal, regulatory, tax or accounting requirements.

9. SECURITY OF YOUR PERSONAL DATA
9.1) We are committed to ensuring that your Personal Data is stored securely. In order to prevent unauthorised access, disclosure or other similar risks, we endeavour, where practicable, to implement appropriate technical, physical, electronic and procedural security measures in accordance with the applicable laws and regulations and industry standard to safeguard against and prevent the unauthorised or unlawful processing of your Personal Data, and the destruction of, or accidental loss, damage to, alteration of, unauthorised disclosure of or access to your Personal Data.
9.2) We will make reasonable updates to its security measures from time to time and ensure the authorised third parties only use your Personal Data for the Purposes set out in this Policy.
9.3) The Internet is not a secure medium. However, we will put in place various security procedures with regard to the Site and your electronic communications with us. All our employees, joint venture/business partners, agents, contractors, vendors, suppliers, data processors, third-party product and/or service providers, who have access to, and are associated with the processing of your Personal Data, are obliged to respect the confidentiality of your Personal Data.
9.4) Please be aware that communications over the Internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may be routed through a number of countries before being delivered this is the nature of the World Wide Web/Internet.
9.5) We cannot and do not accept responsibility for any unauthorised access or interception or loss of Personal Data that is beyond our reasonable control.

10. PERSONAL DATA FROM MINORS AND OTHER INDIVIDUALS
To the extent that you have provided (or will provide) Personal Data about your family, spouse and/or other dependents, you confirm that you have explained to them that their Personal Data will be provided to, and processed by, us and you represent and warrant that you have obtained their consent to the processing (including disclosure and transfer) of their Personal Data in accordance with this Policy and, in respect of minors (i.e. individuals under 18 years of age) or individuals not legally competent to give consent, you confirm that they have appointed you to act for them, to consent on their behalf to the processing (including disclosure and transfer) of their Personal Data in accordance with this Policy.

11. TRANSFER OF YOUR PERSONAL DATA OUTSIDE OF MALAYSIA
Our information technology storage facilities and servers may be located in other jurisdictions outside of Malaysia. This may include, but not limited to, instances where your Personal Data may be stored on servers located outside Malaysia. In addition, your Personal Data may be disclosed or transferred to entities located outside Malaysia or where you access the Site from countries outside Malaysia. Please note that these foreign entities may be established in countries that might not offer a level of data protection that is equivalent to that offered in Malaysia under the laws of Malaysia. You hereby expressly consent to us transferring your Personal Data outside of Malaysia for such purposes. We shall endeavour to ensure that reasonable steps are taken to procure that all such third parties outside of Malaysia shall not use your Personal Data other than for that part of the Purposes and to adequately protect the confidentiality and privacy of your Personal Data.

12. WEBSITE
12.1) External links

If any part of the Site links you to other websites, those websites do not operate under this Policy and we do not accept any responsibility or liability arising from those websites.
Likewise, if you subscribe to an application, content or a product from our strategic partner and you subsequently provide your Personal Data directly to that third party, that Personal Data will be subject to that third partys privacy/personal data protection policy (if they have such a policy) and not to this Policy.
We recommend you to read and understand the privacy/personal data protection statement/policy posted on those other websites in order to understand their procedures for collecting, processing, using and disclosing personal data and before submitting your Personal Data to those websites.

12.2) Cookies

We employ an industry standard technology called cookies. The cookie is a small piece of information stored on the hard drive of your computer or device for record-keeping purposes and is used by us to track your visits to the Site. Cookies may be used to save your preferences for your ease and convenience when using the Site. Third party advertising networks may issue their separate cookies to your hard drive when serving advertisements.
The type of anonymous clickstream data collected by us through the cookies may include your Internet Protocol address, web browser software, date and time of visit to the Site, and whether your requests (including search requests and clicking on links to parts of the Site) were met with success. All such information collected through cookies is not Personal Data and you cannot be identified from this information. Such information is only used for the purpose of managing and creating a better user experience and to identify areas for improvement on the Site.
The use of cookies is now an industry standard, and you will find them used on most major websites. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie or to refuse to accept cookies. You should understand that certain features on the Site will not function properly if you set your browser to not accept cookies.
Please also refer to our Cookie Policy. Insofar as cookies are regarded as Personal Data, you agree that we may process such information as set out in the Cookie Policy in accordance with the terms of this Policy.

13. CONTACT DETAILS
If you have any questions about this Policy, or have any further queries, or would like to make a complaint or data access or correction request in respect of your Personal Data, you may contact us at the contact details below:
The Management, Address:
A-3a-8 Pelangi Square Business Centre,
Pelangi Damansara, PJU6 Persiaran Surian,
47800 Petaling Jaya, Selangor Darul Ehsan.

Contact No.: 03-77338311, 012-2268818

Email Address: tracy@flexben.my

14. CONFLICTS
In the event of any conflict between this English language Personal Data Privacy Policy and its corresponding Bahasa Malaysia Personal Data Privacy Policy, the terms in this English language Personal Data Privacy Policy shall prevail.
Date of issuance of this Personal Data Privacy Policy: 15 January 2020.

Dear Members,

The Personal Data Protection Act 2010 has been enforced on 15 November 2013 by the Government to regulate the processing of personal data in commercial transactions. Under the Act, we, FlexBen are required to serve you as our clients, members, Panel Clinics and Panel Hospitals a notice pertaining to your rights in respect of your personal data that is being processed or that is to be collected and further processed by us and the purposes for the data processing.

Consequently, please be informed that the personal data and other information (collectively referred to as "Personal Data") provided in your application as clients, members, Panel Clinics and Panel Hospitals inclusive any other services which relating thereto to Flexben services is being, and will likely continue to be, used and processed by Flexben for the following purposes:-

for the maintenance of customer database and customer service related processes;
for billing and payment processing purposes
for contact purposes
to respond to your enquiries
for administrative purposes
to meet legal and statutory requirement
for analysis and planning purposes including historical and statistical record
general operation and maintenance of the services provided by Flexben
Investigating complaints and suspected suspicious transaction.

This information is necessary to us. If you do not provide all of the information as requested, we will not be able to keep complete information about you, thus affecting our capacity to accomplish the above stated purposes.

Disclosure of your information

We may disclose the Personal Data to the following parties for the purposes stated above:

Our agents providing services relating to the purposes for which the Personal Data is collected;
In circumstances where delay or default payment has occurred, to our appointed lawyers, debt collection agencies, credit reporting agencies; and
Any person who is under a duty of confidentiality who has undertaken to keep such data confidential.

We may also disclose the Personal Data if required to do so by law or in good faith, if such action is necessary to (i) comply with requirements of any law enforcement agency, court order, or legal process; or (ii) protect and defend rights or property of Flexben and its personnel.

Access, corrections and complaints

If you would like to make any enquiries or complaints or request access or correction of your Personal Data, you may contact our IT Manager by calling them at 03-2022 2677 or faxing 03-2072 2699 from 9.00 am to 5.00 pm or you can email us at enquiries@flexben.com. Any request to access or correct the Personal Data may be subject to a fee and also to requirements under the Personal Data Protection Act 2010.

Where you elect to limit our rights to process your Personal Data, you may also contact the above mentioned IT Manager, in writing.

In the event of any inconsistency or conflict between the English version and the Bahasa Malaysia version of this Personal Data Protection Notice to customer, the English version shall prevail.

General

FlexBen [referred hereto as "FlexBen", "we", "us" or "our"] owns and operate this Website. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service") and our Privacy Notice By continuing to use the Website and/or Services, you are agreeing to be bound by all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Terms of Service and/or Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Registration and User Requirements

2.1

You must be a registered member to make orders and access some features of the Website. You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.

2.2

To register an account and use the Website you must be at least 18 years old, and have capacity to enter into a legally binding agreement with us.

2.3

By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.

Terms of Sale

3.1

Items Put Up For Sale

All products and services up for sale is merely an invitation to treat and is not an offer capable of acceptance.

All offers by you to purchase any products and/or services on this Website are subject to acceptance by us.

3.2

Placing Order

(i)

You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.

(ii)

Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.

(iii)

Orders placed by you are offers to purchase a voucher for particular goods and/or services under the terms and conditions in this Terms of Service at the price specified (including delivery and other charges).

(iv)

We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.

(v)

You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it.

(vi)

If you have any problems with your order, then you must go through the normal Refund Process outlined in this Terms of Service.

(vii)

As a general rule, we will not change or replace your order where you have made an error.

(viii)

In the event that we cancel or are unable to fulfill your order, we will provide a full refund of any payment received.

(ix)

Please check that you have received the payment confirmation and Voucher via email following payment.

(x)

We take no responsibility should you not receive these emails due to reasons outside of our control e.g. junk or spam filtering.

(xi)

It is your responsibility to check the accuracy of the details on your email confirmation or Voucher (as appropriate) as mistakes cannot always be rectified. When you receive your payment confirmation or Voucher, please keep them in a safe place as we cannot be held responsible for any Vouchers that are lost, stolen or destroyed.

(xii)

Only Vouchers purchased directly from us or one of our authorised distributors are valid for use and redemption.

(xiii)

Vouchers purchased from unauthorised third parties are not valid.

3.3

Voucher - Use & Redemption

(i)

Any Voucher you purchase shall be redeemable only for the specified goods or services and shall only be available for redemption during the period specified on the Voucher.

(ii)

The Voucher cannot be exchanged or redeemed for cash.

(iii)

The Voucher cannot be combined with any other discount or promotional offer unless specified in the Voucher.

(iv)

We will not be responsible for lost or stolen vouchers or fraudulent use (by a person other than us) of the Voucher's unique serial number.

(v)

Vouchers may contain terms and conditions known as the 'Terms and Conditions' or 'Fine Print' that supplement, and are to be read as in addition to, this Terms of Service. In the event of any inconsistency between the Terms and Conditions or Fine Print and this Terms of Service, the Terms and Conditions or Fine Print will prevail.

(vi)

Transferability

(a)

An unused Voucher may be transferred while within its validity.

(b)

To effect the transfer, the owner of the Voucher can either-

(1)

Provide a written letter of authorisation for such a transfer; or

(2)

Attend the initial appointment for redemption to authorise Transferee's utilisation of the Voucher.

3.4

Voucher - Availability & Scheduling

You agree and acknowledge that:

(i)

We are under no obligation to give you priority over other, full paying or ordinary customers in respect of booking or scheduling for services, and all services are rendered subject to availability.

(ii)

We do not guarantee that Services will be available at your preferred date and time.

(iii)

Photographs appearing on our Website to illustrate details of offers are generally intended to be indicative only of the services, venues and locations at which Services are offered by us. For example, they may depict only one of various venues and locations at which the Services are offered and given your geographic location this may not be the venue or location applicable to you.

(iv)

A representation on the Website that Services will be available over a range of dates does not preclude you from being required to make an appointment or booking for the Services. Appointments or bookings may not be available on short notice.

(v)

Where the Services relate to a course or series of sessions or treatments, you agree that these may need to be scheduled at intervals to be determined in consultation with us, in order to maximise the efficacy of the Services provided.

(vi)

We reserve the right to cancel and reschedule your appointment due to unforeseen circumstances. Except as required by law, we will not be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.

3.5

Voucher - Cancellation & Refund

(i)

Please note that change of mind returns or refunds will not be entertained.

(ii)

You will not be entitled to any type of refund once your Voucher has expired.

(iii)

We may, at our sole discretion, allow a return/refund on a case-by-case basis, provided

(a)

The request was made within 7 days from date of purchase; and

(b)

The Voucher had not been used/ redeemed, whether in whole or in part.

Such refunds will be issued using the payment method used for purchase/payment and will be in accordance with our Refund Process. Such refunds will also be subjected to an administrative and handling fee of 10% of total payment made for the applicable product or Services.

(iv)

Any refund request after 7 days is handled on a case-by-case basis. Within reason, we will do what we can to ensure customer satisfaction. Please refer to the Refund Process.

(v)

You will be entitled to a full refund (in accordance to our Refund Process) or rebooking or other remedy (in accordance with your statutory rights) only if

(a)

We failed to or cannot provide the goods or Services within the validity period; or

(b)

The Services becomes unavailable for reasons beyond our control.

We will only refund you in accordance with clause 3.5(v)(a) where you have made reasonable attempts to use your Voucher during the validity period, and you can provide reasonable evidence of your attempts. All Services promoted on the Website are offered subject to availability. We will not be responsible where you are unable to redeem your Voucher for reasons beyond Flexben's control, including where you are unable to redeem your Voucher because, through reasons of your own, cannot meet available booking/redemption times. We will review each claim on a case-by-case basis in accordance with our refund policy.

(vi)

Refund Process

(1)

Please contact us via email at support@flexben.com or via our Call Center at 04-644 9788 who will be happy to help and will ask you to provide them with further details explaining the issue.

(2)

We will investigate your issue and advise you whether your request can be approved.

(3)

Your Voucher will be invalidated with immediate effect if approved.

(4)

After we confirm the refund, a refund will be made within 14 working days.

(5)

We are only able to issue a refund to the person who purchased the Voucher for security reasons. However, we are happy to exchange for another product or Services of up to the same value.

Intellectual Property, Software and Content

4.1

You have been granted a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent from us. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from us.You may not use any metatags or any other "hidden text" utilizing our name or trademarks without the express written consent from us. Any unauthorized use terminates the permission or license granted by us.

4.2

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains as our property or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

4.3

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and Services and is in no way an assertion that such products or Services are endorsed by or connected to us.

4.4

This Website may contain links to other websites (the "Linked Sites"), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Indemnity

You agree to indemnify, defend and hold harmless Flexben, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Law and Jurisdiction

6.1

These Terms of Service 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 us, you hereby consent to the exclusive jurisdiction of the courts of Malaysia in all disputes arising out of or relating to the use of this Website and/or Services.

6.2

We make no representation that the materials, information, functions and/or services provided on this Website are appropriate or available for use in jurisdictions other than in Malaysia.

Currency

All transactions on the Website are to be conducted and payable in Ringgit Malaysia (RM), unless otherwise indicated.

Liability

8.1

Our liability for losses you suffer as a result of us breaching the Terms of Service or contract between us is strictly limited to the payment made for the Vouchers you booked and purchased and any losses which are a foreseeable consequence of us breaching the contract at the date the Vouchers were bought. Losses are foreseeable where they could be contemplated by you and us at the time of purchasing your Voucher having regard to the information which was available at that time. This does not exclude or limit in any way our liability for death or personal injury caused by our negligence or that of our employees (if acting within the course of their employment), agents or suppliers (if carrying out the work which they were contracted to do); or any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

8.2

We are not responsible for indirect losses which occur as a side effect of the main loss or damage, or for any losses that fall into the following categories: loss of income or revenue, loss of business loss of profits or contracts, loss of data or waste of management or office time, loss of goodwill, disappointments or emotional distress and/or any other loss or damage which was not reasonably foreseeable by us at the date the Voucher was bought, however arising and whether caused by tort (including negligence), breach of contract otherwise, even if foreseeable.

8.3

Further, we will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

8.4

For the avoidance of doubt, we do not accept liability for acts or omissions by you or any person(s) on behalf of whom you have placed a booking or unconnected third parties or suppliers of services which do not form part of the contract between you and us.

Disclaimer

9.1

We provide the Website and Services "as is", "with all faults" and "as available."

9.2

The content of this Website is to provide you with sufficient information about the products and Services so that you can make an informed choice about whether or not to engage in the transaction.

9.3

We do not warrant or represent that access to the whole or part(s) of this Website, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.

9.4

To the maximum extent permitted by law, we and our employees, agents and suppliers disclaim any implied contractual promises that the Website and Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.

9.5

We do not promise or guarantee that the results that may be obtained from the use of our Website or Services including any services or deals will be effective, reliable, accurate or meet your requirements.

9.6

We make no warranty that the contents of the Website are free from infection by viruses or any other malicious works which has contaminating or destructive properties.

9.7

No oral advice or written information given by us or our employees shall be used as a warranty nor shall you rely on any such information or advice.

10.

Entire Agreement & Waiver

Unless otherwise specified herein, these Terms of Service, together with the Privacy Notice, constitute the entire agreement between yourself and us with respect to the Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between yourself and us with respect to the Website.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

11.

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