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:-
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:
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
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.
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.
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
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.
Placing Order
You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
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).
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.
You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it.
If you have any problems with your order, then you must go through the normal Refund Process outlined in this Terms of Service.
As a general rule, we will not change or replace your order where you have made an error.
In the event that we cancel or are unable to fulfill your order, we will provide a full refund of any payment received.
Please check that you have received the payment confirmation and Voucher via email following payment.
We take no responsibility should you not receive these emails due to reasons outside of our control e.g. junk or spam filtering.
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.
Only Vouchers purchased directly from us or one of our authorised distributors are valid for use and redemption.
Vouchers purchased from unauthorised third parties are not valid.
Voucher - Use & Redemption
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.
The Voucher cannot be exchanged or redeemed for cash.
The Voucher cannot be combined with any other discount or promotional offer unless specified in the Voucher.
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.
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.
Transferability
An unused Voucher may be transferred while within its validity.
To effect the transfer, the owner of the Voucher can either-
Provide a written letter of authorisation for such a transfer; or
Attend the initial appointment for redemption to authorise Transferee's utilisation of the Voucher.
Voucher - Availability & Scheduling
You agree and acknowledge that:
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.
We do not guarantee that Services will be available at your preferred date and time.
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.
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.
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.
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.
Voucher - Cancellation & Refund
Please note that change of mind returns or refunds will not be entertained.
You will not be entitled to any type of refund once your Voucher has expired.
We may, at our sole discretion, allow a return/refund on a case-by-case basis, provided
The request was made within 7 days from date of purchase; and
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.
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.
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
We failed to or cannot provide the goods or Services within the validity period; or
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.
Refund Process
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.
We will investigate your issue and advise you whether your request can be approved.
Your Voucher will be invalidated with immediate effect if approved.
After we confirm the refund, a refund will be made within 14 working days.
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
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.
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.
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.
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
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.
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
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.
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.
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.
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
We provide the Website and Services "as is", "with all faults" and "as available."
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.
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.
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.
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.
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.
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.
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.