Terms of Use

Introduction

These terms and conditions (“Conditions”) govern your use of our website (“Site”) which include all purchases of products or services (“Products”). Throughout this Site, the terms “we”, “us”, “our”, and “Seken Je” refer to Seken Je Sdn. Bhd. and any of its holding, subsidiaries, related and/or affiliated companies as appropriate in the context. The term “you” refers to the use or viewer of our Site.

These Conditions described the legally binding terms and conditions that oversee your use of the Site. By accessing or using the Site, you are deemed to have agreed to be bound by these terms and conditions. If you do not agree to any part of these Conditions, please do not access or use our Site. Any continued access or use of our Site will imply that you have accepted these Conditions.

We reserve the right, at any time, to revise or update these Conditions without your prior notice. These changes will take effect immediately upon posting. By continuing to use our Site following such changes, you will be deemed to have agreed to such changes.

Definitions

In these Conditions:

“Account” means the Seken Je Account that you will need to register for on the Site if you would not like to submit an Order on the Site as Guest;

“Contract” means your Order of a Product or Products in accordance with these Conditions which we accept in accordance with Clause 9 below;

“Customer” means any individual who places an Order on the Site;

“Order” means the Order submitted by you to the Site to purchase a Product from us;

“You” means the Customer who places an Order;

Headings are for ease of reference only and shall not affect the interpretation or construction of the Conditions;

Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

Website Privacy Policy

Any personal information or material sent to our websites are subject to our policy on privacy and protection of personal data set out in Privacy Policy

Eligibility

To place an Order with us, you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with us only with involvement of a parent or guardian.

Accuracy, Completeness and Timeless of Information

We are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the materials on this Site shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Site.

Access to the Site

Subject to these Conditions, the we grant you a non-commercial, non-transferable, non-exclusive, revocable, limited license to access, view and use the Site only as permitted in these Conditions or as may described in the Site.

The rights granted to you in these Conditions are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not download or modify the Site or any portion of the Site without our express written consent; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or removed in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Conditions. Any unauthorised use of this Site immediately terminates all permissions or licenses granted by us in these Conditions or the Site.

We reserve the right to change, suspend, or cease the Site with or without notice to you. You agreed that we will not be held liable to you or any third party for any change, interruption, or termination of the Site or any part.

Site Access Restrictions

You shall not under any circumstances do or perform any of the following:

Use any code, software or otherwise that may interrupt or interfere with this Site or the activities accessible through this Site, or with the use of this Site by anyone else;
Data mining, hacking, carrying out any scanning or testing the security of this Site and its serves;
Tracking, tracing, or seeking information of any other user or visitor of this Site by any means;
Use of the Site, its contents, or its serves for any criminal, illegal or improper purpose, or as may be prohibited under these Conditions; and
Making any comments or communications on the Site that may be deemed by us to be libelous, defamatory or offensive to us, other users or any other third party.

We reserve the right to take any and all actions for the deterrence, prevention or to stop any activities related to the above prohibited actions.

Entire Agreement

These Conditions shall apply to all Orders and Contracts made or to be made by use for the sale and supply of the Products. These Conditions constitute the entire agreement between you and us and supersede any and all preceding and contemporaneous agreements between us. Any waiver of any provision of the Conditions will be effective if in writing and signed by an authorised representative of Seken Je.

You acknowledge that, in entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Conditions, except as expressly stated in these Conditions

Terms of Sale

To place an Order, you may be required to register with us by creating an account on the Site or using the site as a Guest. You must only submit to us information which is accurate and true. You shall also keep your information up to date by informing us of any changes. You shall not misuse the Site by creating multiple user accounts.

The information set out in these Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.

To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive and Order Confirmation which will act as an acknowledgement of your Order.

An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you. A Contract will relate only to those Products which we deliver to you.

Whilst we make best efforts to ensure that all details, descriptions and prices appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a refund.

Where applicable, prices are inclusive of GST and are in Malaysia Ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the shopping cart.

If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately. We will try our best to process your request.

We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse an Order after we have sent you an Order Confirmation, which we reserve the right to do any time, at our sole discretion. If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.

We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.

Fees and Charges

A delivery fee is a delivery fee based on the package sizes, weights, and location charge by the courier services.

Delivery

Please see our Delivery Policy, which forms part of these Conditions.

Warranty and Return Policy

Please see our Warranty and Return Policy , which forms part of these Conditions.

Warranty

We do not warrant the qualities of the Products purchased on our Site will meet your needs or expectations after any form of misuse, abuse, normal wear and tear, product mishandling, misguided usage and deviation from printer instructions.

Only manufacturers’ warranties are provided. We do not provide warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the Products sold on the Site, subject to the applicable law.

This warranty is valid for product installed and used in Malaysia only and for the warranty period stated in the operation instruction/invoice. The commencing of the warranty is from the date of original purchase.

This warranty does not cover damages and/or defects resulting from:

Accidents, abuse, misuse, improper installation, or any manner of tampering;
Usage of wrong electrical supply/voltage;
Usage not in accordance with the operation instructions
Any unauthorised repairs;
Any alteration or modification made to the product;
Normal usage wear and tear, finishes or consumables;
Corrosion, rusting or stains;
Losses, damages, defects and malfunctions caused by fire

The purchaser shall be fully responsible for the due delivery of the product for any repair work to us and for subsequent collection thereof of the product after the said work has been done. Any product to be repaired must be make known to us directly before sending down the product. No outdoor servicing will be provided.

In no event shall we be liable to the purchaser for any consequential damages or loss including, without limitation, injury to person or property and loss of use of the products. Please retain the original purchase receipt for verification purposes when required. This warranty is invalid if the serial number (if any) on the product has been altered, defaced or removed. The warranty is invalid without original Seken Je’s proof of purchase.

We reserve all rights to replace any product with another of similar value if deemed appropriate, subject to availability.

Disclaimer of Liability

For the avoidance of doubt, we shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:

Any access, use or the inability to access or use the Site, or reliance on any information contained in the Site;
Any unauthorised use of or access to your Account;
Any mishandling and/or abuse of Product by you or other persons;
Use of Product by you or other persons in any manner, whether foreseeable or otherwise. The Customer consumes all risks associated with product usage and storage upon delivery;
Any delay in delivery or cancellation of Order or refund;
Any system, server or connection failure, error, omission, interruption, delay in transmission, or virus;
Any use of or access to any other website linked to the Site, even if Seken Je or its agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be used or accessed at the site user’s own risks. In no circumstances shall Seken Je be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on the websites to which my.Seken Je.com are linked;
Any exercise of rights by Seken Je under these Conditions, the Privacy Policy and any other rights provided by law.

This disclaimer of liability shall take effect to the fullest extent permitted by the law of Malaysia.

Without prejudice to Clauses 17.1, 17.2 and 17.3, Seken Je’s aggregate liability to you shall be limited to the purchase price of the Product paid by you.

Indemnity

You agree to indemnify, defend, hold harmless each of the Seken Je, its subsidiaries and affiliates and their respective directors, officers, employees, suppliers, vendors, licensors, consultants, agents, and any third party content providers, from any and all third party claims, demands, losses, liability, damages or expenses and/or costs (including but not limited to, legal fees) arising from, relating to and/or in connection with:

your use of, or access or connection to Seken Je and/or the Site and or the information therein; and/or
your breach of any of this Conditions;
your violation of any law or the rights of a third party, including intellectual property infringement pertaining to any content which you post or transmit on Seken Je and/or the Site.

Complaints Management

In the event of a complaint, it will help us it you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that we assign you in the Order Confirmation. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not receive any response from us within five (5) business days, please make further enquiries. All email will be address to: sekenje@ozbgroup.com

Circumstances Beyond Our Control (Force Majeure)

We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation

Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and
The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.

In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.

If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.

We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure event

Notices

We reserve the right to amend these Conditions at any time. All amendments to these Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Conditions.

Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.

Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipient’s address within Malaysia.

Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.

In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or delivery report received.

Intellectual Property Right

All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of Seken Je and is protected by copyright laws and treaties around the world.

All such rights are reserved by Malaysia and its 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 any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of Seken Je in Malaysia and other countries. Seken Je’s trademarks may not be used in connection with any product or service that is not provided by Seken Je, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Seken Je. All other trademarks not owned by Seken Je that appear on the Site are the property of their respective owners.

Our status as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors. In the event that Seken Je becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.

If you print, copy or download any part of our Site in breach of these Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Seken Je or its licensors.

All feedback, comments, information, ideas, suggestions, documents, and/or proposals (“Contributions”) given to Seken Je shall be deemed to be non-confidential. You agree and acknowledge that:

Your Contributions do not contain confidential or proprietary information;
Seken Je is not under any obligation of confidentiality, express or implied, with respect to the Contributions, and Seken Je shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide without any reference to you;
Seken Je shall be free to use, for any purpose, any ideas, concepts, techniques or know-how contained in such Contribution, and any use, adaptation, modification, reproduction or distribution of the Contributions shall be property of Seken Je without any obligation to you; and
You are not entitled to any compensation or reimbursement of any kind from Seken Je under any circumstances;
You shall not submit any information and/or other materials which are or may be offensive, abusive, illegal or which may not be lawfully disseminated under the laws of Malaysia or any other country.

Advertising on the Site

We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority of Malaysia.

Accuracy of Information

The images, graphics, text, pictures, sounds, animations and videos and scripts operating, operating in, or which form part of, this Site is provided on an “as is” basis. We make no representations, endorsements or warranties as to their accuracy. We will not be liable for any action taken (or not taken) in reliance upon the images, graphics, text, pictures, sounds, animations and videos and scripts operating, operating in, or which form part of, this Site which action shall be taken entirely at your own risk. We reserve the right to make any changes to the images, graphics, text, pictures, sounds, animations and videos and scripts operating, operating in, or which form part of, this Site without notice and without liability to you.

The Internet

We do not have control over the Internet or over the means through which you have gained access to this Site. We accept no responsibility and shall not be liable for any service interruption or the transmission of viruses or other harmful computer code through this Site.

Links to the Site

You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any Site that is not owned by you.

This Site must not be framed on any other Site, nor may you create a link to any part of this Site other than the home page.

Waive

No failure or delay by us or you in exercising any right under these Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Conditions or a Contract.

Severability

If any clause in these Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Conditions or Contract shall be capable of continuing in effect without the unenforceable term.

Assignment

You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Conditions or a Contract or all or any of your rights or obligations under these Conditions or a Contract.

Relationship

Nothing in these Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

Third Party Rights

No person who is not a party to these Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Conditions or Contract its assent to any such term.

Governing Law

These Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the law of Malaysia. Both we and you hereby submit to the exclusive jurisdiction of the courts of Malaysia. All dealings. All dealings, correspondence and contacts between use shall be made or conducted in English language.

Variation

When you submit an Order to the Site, you agree that you do so subject to these Conditions current at the date you submit your Order. You are responsible for reviewing the latest Conditions each time you submit your Order.

Last Updated on 14 February 2024