AGAPE SUPERIOR LIVING

PRIVACY POLICY

PERSONAL DATA PROTECTION POLICY

Agape Superior Living Sdn. Bhd. is committed to the protection of your personal data. The Personal Data Protection Act, 2010 ("Act") regulates the processing of personal data in commercial transactions and the Act requires Agape Superior Living Sdn Bhd to inform and explain to you Agape Superior Living Sdn. Bhd. collects and process personal data provided by you to Agape Superior Living Sdn. Bhd. and/or the website operated by Agape Superior Living Sdn Bhd at https://www.agapeatp.com ("Website"). The terms "personal data", "processing" "commercial transactions" and "relevant person" used in this Personal Data Protection Policy ("Policy") shall have the meaning prescribed in the Act. For the purposes of this Policy the expression “the Company” or "we" or "us" shall refer to Agape Superior Living Sdn. Bhd., whilst, the expression "you" or "your" shall refer and include the customer, potential customer, vendor, supplier, tenant, potential tenant or service provider and/or relevant person seeking or requesting the products and/or services from the Company.

TYPES OF PERSONAL DATA AND SOURCES OF PERSONAL DATA

The personal data provided by you and/or obtained independently by us from other lawful sources (if any such as from public depositories, credit reporting agencies, public domain, your employer, former employer and other authorized third parties) in our forms, agreements, Website, and/or other similar documents or usage of closed-circuit television ("CCTV") systems in the Company may include information concerning name, identity card number, passport number, address, phone numbers (such as handphone, house and office), gender, occupation, designation, email address, name of school, vehicle registration number, model of vehicle, type of vehicle, information in audio and/or video format (including voice, video recording, CCTV, security recording and images (including photographs) (collectively “Personal Data”).

Your visit to the Website may be recorded for statistical analysis purposes on the number of visitors to the Website and general usage patterns. Some of this information will be gathered through the use of "cookies". A cookie is a small file which asks permission to be placed on your computer's hard disk. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. We only use this information for statistical analysis purposes and then the data is removed from the system. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.

PURPOSES OF COLLECTING PERSONAL DATA

We will process Personal Data in connection with any commercial transactions for any of the following purposes:

to assess and process your request for our products and/or services, facilitate commercial transactions with you including without limitation the preparation of any relevant agreements and for maintaining our own accounts and records for the Company’s operational, administration and development requirements;
to verify your identity, updating your records, processing of invoices, payments, receipts, collecting debts, performing customer support and services, provide other requested products and/or services in the ordinary course of our business;
your participation in any programs, campaigns, contests or promotions conducted by us or on our behalf;
to facilitate special requirements such as those relating to any disability or medical condition which may affect the chosen services;
to communicate with you, deliver Policies, services or facilities, respond to your enquiries and clarifications via SMS, phone call, email, fax, mail and/or any other appropriate communication channels;
to conduct research and internal marketing analysis;
providing you with information of marketing, sale or promotion of the Company’s products and/or services from the Company’s newsletters, periodicals, lucky draws, contests and/or surveys via SMS, phone call, email, fax, mail and/or any other appropriate communication channels unless you have otherwise notified us that you do not wish for us to process your Personal Data for such purpose at the address stated below in this Policy;
conduct appropriate checks for credit-worthiness in the ordinary course of our business;
public disclosure and use of your Personal Data, images, photographs, voice and video recording for publicity purposes without payment or compensation if you become a winner in a contest;
for crime detection and prevention, internal investigations, compliance, audit or security purposes;
to enforce contractual and legal rights and obligations; and
to meet legal and regulatory requirements.

You hereby confirm that the Personal Data given by you or obtained from you is sufficient, accurate, complete and not misleading and that such Personal Data is necessary for us to provide our products and/or services to you. If you choose not to provide such Personal Data or if such Personal Data is insufficient, inaccurate, incomplete and/or misleading, the Company may not be able to provide you with the products and/or services you require or the required level of service.

DISCLOSURE OF PERSONAL DATA (WITHIN AND/OR OUTSIDE MALAYSIA)

In order to deliver the products and/or services you require; you hereby consent and authorize us to disclose your Personal Data to the following parties (within and/or outside Malaysia);
our parent company, subsidiaries, related and associated companies;
our employees, consultants, accountants, auditors, lawyers, advisors, agents, contractors, vendors, co-marketing partner, service providers, merchants, financial institutions or shopping mall tenants to provide customer support, products and/or services;
actual or proposed assignees or transferees or buyers of any rights/businesses/assets of the Company’s ;
service and product providers (including those who assist us in providing the Website) for the Company’s operational, administration and development requirements;
your immediate family members and/or emergency contact person as may be notified to the Company from time to time;
where required by law, legal processes, debt collection, queries from the relevant authorities and/or matters relating to the life and death, security or property of an individual or the security or property of a corporation;
the general public by publishing your Personal Data, images, photographs, voice and video recording for publicity purposes without payment or compensation if you become a winner in a contest.

RIGHT TO ACCESS AND/OR CORRECT PERSONAL DATA

You have the right to:

check whether we hold your Personal Data and request access to the same:
correct any Personal Data that is inaccurate, incomplete and outdated;
withdraw in full or in part your consent subject to any contractual conditions and legal restrictions;
communicate to us your objection to the use of your Personal Data for marketing purposes.

If you would like to request for access to or correction of your Personal Data or limit the processing of your Personal Data, make any inquiries or complaints, you may contact:

Marketing Communications Executive

Agape Superior Living Sdn Bhd
Tel: 603-2732 5716
Fax: 603-7984 2160
Email: care@agapeatp.com

You are to put your request in writing for security reasons and verification purposes. In accordance with the applicable law, the Company will charge prescribed processing fee for all Personal Data access request made by you as follows:

Data access request for your Personal Data with a copy RM 10
Data access request for your Personal Data without a copy RM 2
Data access request for your sensitive personal data with a copy RM 30
Data access request for your sensitive personal data without a copy RM 5

In the event we refuse to adhere to your request for access and/or correction to your Personal Data, we will inform you of our reason for the refusal.

CONSENT FROM RELEVANT PERSON

In the event you provide Personal Data of any relevant person (such as emergency contact person, parents if the customer is a minor, court appointed guardian, authorised representatives, contractors, lawyers, financiers), then this Policy shall apply to the relevant person.

You warrant to the Company that you have the authority or have been authorized by the relevant person, to the provision of Personal Data of the relevant person to the Company for the purposes and disclosure as stated in this Policy and you undertake to extend a copy of this Policy to the relevant person. The provision of this Policy shall be deemed as Policy given to and consent obtained from the relevant person.

CHANGES TO PERSONAL DATA

We will ensure your Personal Data is accurate, complete and up-to-date therefore we request that if there are changes to your Personal Data you should notify us directly at contact details set out above.

MODIFICATION OF THE POLICY

We may review and update this Policy from time to time to reflect changes in the Act. The latest version of the Policy will be made available upon your request at the above address or available at www.agapeatp.com. By continuing receiving and obtaining products and/or services from the Company following the modifications or changes to this Policy shall signify your acceptance to such modifications or changes.

TERMS OF USE

General
1. 1.1
  
  This Website is owned, operated and managed by Agape Superior Living Sdn. Bhd. and its affiliates/subsidiaries/ and related companies. Anyone accessing and using this Website are bound by the following Terms of Use.
2. 1.2
  
  The word “Company” in this Terms of Use refers to Agape Superior Living Sdn. Bhd. and its affiliates/subsidiaries/ and related companies and “You” refers to anyone accessing and using this Website and its related services.
3. 1.3
  
  You are required to read the Terms of Use detailed below carefully and it is your sole responsibility to read the terms herein before using this Website. By accessing this Website, you are agreeable and bound by the terms herein. You shall stop accessing this Website if you are not agreeable to the terms herein.
4. 1.4
  
  You are strictly prohibited from accessing and using this Website if you are below eighteen (18) years old unless you are under the guidance, supervision and responsibility of your parents or guardian. The Company shall not be held responsible nor liable for any non-compliance of the above.
5. 1.5
  
  The Company reserves the right to amend, change and edit the terms herein. As such, the Terms of Use and Policies in this Website may be amended from time to time and all amendment and changes will be posted here on the Website and shall be effective immediately. You shall take note of the amendments and changes posted.
6. 1.6
  
  Nothing contained in this Terms of Use shall be construed to constitute the Company and you as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking.
Intellectual Property Rights
1. 2.1
  
  The Company retains ownership and cover all marks, trade names, brand names, logos, symbols, designs, website design, site design, domain names and all other form of intellectual property which includes the name of the Company and copyright over articles published by the Company unless otherwise stated on the Website. There may be some third party’s articles, pictures, images, text, illustrations and other trademarks that belongs to other parties may be licensed to be used in the Website.
2. 2.2
  
  As such you are strictly prohibited from reproducing and/or publishing it in any other media unless you have obtained a written consent from the Company for such use of the intellectual property of the Company. You shall download any information that is allowed by the Company strictly for your personal use. You shall not acquire or retain ownership of those downloaded information.
Privacy
1. 3.1
  
  The Company’s Privacy Policy applies to use of this Website, and is incorporated by reference into this Terms of Use as if fully set forth herein.
Links
1. 4.1
  
  This Website may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are not under the Company’s control, and the Company is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgement regarding your interaction with these Linked Sites.
Disclaimers
1. 5.1
  
  You agree to use the Website strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, posted, emailed or otherwise transmitted.
2. 5.2
  
  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND CONTENTS AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTY” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRIGMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURSIDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WRRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
3. 5.3
  
  The Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information facts, views, opinions, statements or recommendations contained on this Website, in any offering and/or material. Reference to any products, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us. Views and opinions of users of this Website do not necessarily state or reflect those of the Company. You are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Website.
4. 5.4
  
  The Internet may be subject to breaches of security. The Company is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the Internet. The Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Website.
5. 5.5
  
  The Company reserves the right to do any of the following, at the any time, without notice:
  
  i. to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
  ii. to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and
  iii. to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error connection, or other changes.
Limitation of Liability
1. 6.1
  
  IN NO EVENT SHALL THE COMPANY AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMANGES (INCLUDING BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF THIS WEBSITE OR THE CONTENT OR SERVICES CONTAIN OR ACCESSIBLE FROM THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBISTE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
1. 7.1
  
  You agree to indemnify, defend and hold the Company and its officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorney’s fees) resulting from :-
  
  i. your use, misuse or abuse of the Website;
  ii. your misuse of services or goods provided through the Website, or
  iii. your breach of any provision of this Terms of Use.
No unlawful or Prohibited Use
1. 8.1
  
  You agree and warrant the Company that by accessing and using this Website and its available services in/through this Website, you strictly abide by all applicable law, statues, ordinance, other rules and regulations as you will NOT use this Website for any unlawful, illegal or prohibited purposes and abide by the Terms of Use and Policies herein.
2. 8.2
  
  As such, you warrant and agree not to upload any unauthorized information, material and/or content that is incorrect, misleading, threatening, abusive, defamatory, obscene, hateful, and/or objectionable including but not limited to information and/or materials from a third-party website into this Website.
3. 8.3
  
  You further warrant and agree not to collect, store, transmit, share, upload any details/information including any confidential, sensitive, personal (Examples: contact details, email address) and/or proprietary information of other users in this Website.
4. 8.4
  
  You are also strictly prohibited from uploading either intentionally or unintendedly any documents, materials, emails that can transmit viruses, bugs, malware, spyware.
5. 8.5
  
  You are strictly prohibited from disrupting and/or interfering the accessibility of the services or networks connected to the Website.
6. 8.6
  
  The Company reserves the exclusive right to terminate at any time your right in accessing and using this Website and its services without issuing any notice.
Account, Passwords and Security
1. 9.1
  
  In using the Website, you shall:-
  
  i. provide true, accurate, and current and complete information about yourself or your organization as prompted by the Website (“the Registration Information”); and
  ii. maintain and update the Registration Information to keep it true, accurate, current and complete.
2. 9.2
  
  If the Company found that you have provided any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company reserves its rights to suspend or terminate your account and decline permission for your continued use of this Website and any future access to the Website.
3. 9.3
  
  You are required to maintain the confidentiality of Account ID and/or password, and are fully responsible for all activities that occur under your Account ID and/or password. You shall immediately notify us of any unauthorized use of your Account ID and/or password or any other breach of security. The Company shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account ID and/or password.
4. 9.4
  
  You may not use anyone else’s Account ID and/or password at any time without the express consent of the holder of that Account ID and/or password. The Company shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Purchases and Pricing
1. 10.1
  
  There can be additional terms and conditions applicable to purchases of products or services and to specific portions or features of the Website, including without limitation to, promotions and contests, all of which terms and conditions are made a part of these Terms of Use by this reference.
2. 10.2
  
  You agree to provide most truthful and accurate billing and other relevant information in relation to your purchases. In the event, if you are found to giving any inaccurate or untruthful information, you shall be in breach of these Terms of Use.
3. 10.3
  
  You are deemed to be agreeing and accepting to pay for the products or services requested when you complete the checkout process. You hereby expressly represent and warrant that you have the legal right to use any debit card or credit card or any other payment methods used to complete any transaction.
4. 10.4
  
  The Company reserves the right in its sole discretion to refuse or cancel any orders placed for products or services listed at any incorrect price or incorrect information
5. 10.5
  
  The Company reserves its absolute right without prior notice :
  
  i. to change or alter products or services description;
  ii. to change the products or serves pricing;
  iii. to impose any terms and conditions on the fulfilling any coupon, coupon code, promotional code or other promotion;
  iv. to limit the availability of any products or services; and
  v. to refuse to provide any users with any services.
6. 10.6
  
  The Company will take reasonable steps to ensure all products or services descriptions are correct. However, the Company does not warrant that any products or services descriptions or any other contents in the Website is completely accurate, current, reliable or error free. In the event, if you find any products are not as described, your sole and only remedy is to return the said products in accordance with the Company’s Return and Exchange policy.
Force Majeure
1. 11.1
  
  A Party shall not be responsible for failure to perform hereunder due to force majeure, which shall include, but not limited to: fires, floods, riots, strikes, labor disputes, freight embargoes or transportation delays, shortage of labor, inability to secure fuel, material, supplies, equipment or power at reasonable prices or on account of shortage thereof, acts of God or of the public enemy, war, terrorist activities or civil disturbances, any existing or future laws, rules, regulations or any acts of government affecting a Party that would delay or prohibit performance hereunder, or any cause beyond the reasonable control of a Party. In any event of force majeure should occur, the affected Party shall promptly give notice thereof to the other Party and such affected Party shall use its reasonable best efforts to cure or correct any such event of force majeure
Applicable Law and Jurisdiction
1. 12.1
  
  The Terms of Use herein shall be governed by the Malaysian laws including its interpretation any all relevant matters related to this Website as this Website is maintained in Malaysia.
2. 12.2
  
  Any disputes related to the terms herein which cannot be amicably resolved shall submitted to the jurisdiction of the Malaysian courts.
3. 12.3
  
  You warrant and agree to strictly comply with all applicable local, national and international laws, rules and regulations of the country /jurisdiction that you are in at the time of accessing and using this Website.

Please take note that all rights which are not impliedly or expressly granted in this Terms of Use and Policies are reserved.

PRODUCT RETURN AND EXCHANGE POLICY

Under the Company’s Return and Exchange Policy, the Company will accept Product(s) for return and exchange only if:
1. the Product(s) delivered is in defective condition; or
2. the Product(s) delivered is different from the order made by the Customer; or
3. the Product(s) has expired.
Before any Product(s) is returned to the Company for return and exchange, a written consent from the Company must be obtained and upon verification by the Company, the Product(s) will be exchanged with another Product. A defective Product(s) will be exchanged with a Product(s) in good condition; an incorrect Product(s) will be exchanged with a correct Product; and an expired Product(s) will be exchanged with an unexpired Product.
Product(s) to be returned and exchanged should be:
1. unaltered;
2. in good and resaleable condition;
3. not consumed; and
4. in original packaging.
If these conditions are not fulfilled or the Product(s) appears in an unreasonable condition, the said Product(s) shall NOT be accepted for return and exchange.
Customer should not accept damaged package(s) from the delivery/courier service company. Customer shall request the package(s) to be returned and report the damage to the Company immediately. Please include the order number and package number, if applicable, so the shipment may be replaced. Should any damage be discovered afterwards or should the shipment arrive in the absence of the consignee, notify the Company within forty-eight (48) hours of receipt of the package.
The Company will reasonably ensure that all packages are accurately weighed and contents are recorded before shipping. However, in the unlikely event a Product(s) is missing from a package, notify the Company within forty-eight (48) hours of such incident otherwise it will be assumed that the complete order was delivered.
A defective Product(s) or incorrect Product(s) or Product(s) that has expired are to be returned within seven (7) days from the receipt of the Product(s). The return of the Product(s) shall be accompanied with the following documentation:
1. Completed Product(s) Return Form;
2. Copy of Order Form (if any);
3. Relevant Invoice;
4. Consignment or Delivery Order; and
5. Airways Bill or courier slip
The Customer shall NOT be entitled for a return and exchange under the following circumstances:
1. The Product(s) returned was found to be not defective, not delivered differently from the order made by the Customer or not expired; and
2. Not returned in accordance and in conformity with this Return and Exchange Policy
In the above circumstances, the Company will send back the Product(s) received for return and exchange to Customer at the Customer’s cost.
For return and exchange carried out by the Customer through courier service, the following shall be complied:
1. All Product(s) will be inspected by the Company on return;
2. The Product(s) remains the responsibility of the Customer until it reaches the Company and therefore Customer has to ensure the items are packed properly and shall not be damaged during the transition; and
3. The Company is not responsible for any Product(s) that was returned by the Customer to the Company by mistake or any illegal item that is placed by the Customer in the return packaging. In the event if the Company finds any illegal item placed in the return packaging, appropriate legal action will be taken against the Customer.
This Return and Exchange Policy does not apply to Product(s) that has been stated as non-exchangeable.
Cost incurred for the return and exchange of the Product(s) shall be borne by the customer.
The Company shall not bear any responsibility for Product(s) lost or damaged during the return and exchange transition.
All return and exchange of Product(s) shall be effected subject to the Company’s stocks availability.
The Company reserves the right to refuse any return and exchange requests.
If the Company decides to refuse any request for return and exchange, the Customer is required to pay the shipping and all return charges within fourteen (14) days upon notification, failing which it shall be deemed that the Customer is no longer interested in the Product(s) and the Company reserves the right to dispose or deal with in any manner the Company deems fit, without any liability and/or further reference to the Customer.

Please take note that the Company reserves the right to amend, change and edit the terms herein. All amendments and changes will be posted on the Website and shall be effective immediately.

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