Setiamax Terms of Use
Terms & Conditions
1. Applicability
The following terms and conditions apply to all Setiamax Enterprise Sdn Bhd (hereinafter referred to as “Setiamax”) Web Sites that are owned, operated, and maintained by or for Setiamax and its subsidiaries and affiliates (“Setiamax”) including (1) Setiamax.com and other Setiamax websites on which these terms and conditions are linked; (2) Setiamax mobile applications; and (3) the social media accounts and/or pages that we control. Websites, applications, and social media accounts are collectively referred to in these terms and conditions as the “Site”.
These terms and conditions do not apply to: (1) a limited number of Setiamax websites that are governed by separate terms and conditions or (2) your interaction with or use of the website of any Setiamax franchisee. If you enter into an agreement for services with us (a “Service Agreement”), and a conflict exists between your Service Agreement and these Terms, the Service Agreement will preempt these Terms to the extent necessary to resolve the conflict.
2. General Provisions
THESE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY, ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.
By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.
We may, in our sole discretion, modify these Terms from time to time with or without notice to you. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.
3. Jurisdiction and Governing Law
Setiamax makes no representations that the information and materials contained within this Site are appropriate for locations outside Malaysia. Setiamax does not intend this Site to be viewed or accessed outside Malaysia. By entering this Site, you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within Malaysia only and will only be governed according to the laws of Malaysia. without regard to conflicts of laws principles. If you use this Site from other locations, you are responsible for compliance with any and all applicable local laws.
4. Disclaimer of Warranties
This Site, and all information and materials contained herein, is provided to you on an “AS IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Setiamax and all parties involved in creating, producing, or delivering this Site use reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THIS SITE. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES WITH RESPECT TO ANY DOWNTIME, DELAYS, OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION, MATERIALS, OR SERVICES THROUGH THE SITE. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.
5. Setiamax’s Intellectual Property
Setiamax will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of Setiamax or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.
You acknowledge and agree that information and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Setiamax. Except as expressly authorized by Setiamax, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, information, or services. Without waiving any of the foregoing rights, you may print or download information on products/services from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Setiamax is prohibited.
6. Site Content & Functionality
Setiamax reserves the right to change, modify, or discontinue any components or functions of the Site or discontinue the Site in its entirety, in Setiamax’s sole discretion and without notice. Any special offers, promotions, discounts, or other offerings on the Site may be discontinued at any time without notice.
7. Infringement of Copyright
If you believe that any material on this Site, including Setiamax and user provided material, infringes your copyright rights, please contact Setiamax at:
Setiamax Enterprise Sdn Bhd
Tel No.: 07-755 8666
Fax No.: 07-755 1666
Email: inquiry@setiamax.com
In your notice, please include:
Your physical or electronic signature;
Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
Identification of the material that you claim to be infringing, and where the material is located on the Site;
Your address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
A statement, under penalty of perjury, that the information in your notice is accurate.
If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
8. Limitation of Liability
BY USING THIS SITE YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, IMPLEMENTATION OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, OR ANY COMPUTER SYSTEM, TELECOMMUNICATIONS SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. SETIAMAX SHALL NOT IN ANY EVENT BE LIABLE TO ANY CLAIMS ARISING IN CONNECTION TO THE USE OF THIS SITE.
9. Class Action Waiver
Any Claim must be brought in the party’s individual capacity, and not as a class member in any purported class, collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable shall be determined only by an arbitrator in accordance with the Mandatory Arbitration provision set forth herein. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE AS A PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.
10. Mandatory Arbitration
You and Setiamax agree that any claim, dispute or controversy (“Claim”) between us or against the other or the employees, agents or assigns of the other, and any Claim arising from or relating to these Terms or the relationships which result from these Terms including, but not limited to, any tort or statutory Claim shall be resolved by an arbitrator or as stipulated in the Arbitrarion Act 2005. Prior to submitting a Claim to arbitration, you or Setiamax must provide written notice to the other party of the Claim and allow at least thirty (30) days for informal resolution.
To the fullest extent permitted by law, the arbitrator shall not have the power to award special, consequential, punitive, exemplary, or indirect damages against any party. The arbitrator’s power to conduct any arbitration proceeding under this arbitration agreement shall be limited as follows: any arbitration proceeding under this agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a consolidated, class action, multi-claimant, or private attorney general action. The foregoing prohibition on consolidated, class action, multi-claimant, and private attorney general arbitrations is an essential and integral part of this arbitration agreement and is not severable. The decision of the arbitrator shall be a final and binding resolution of the Claim.
Notices of Claims to Setiamax must be sent to the following address:
Setiamax Enterprise Sdn Bhd
No. 35, Jalan Setia 2,
Pusat Perdagangan Setia,
86200 Simpang Renggam,
Johor.
Notices are effective upon delivery; therefore, we recommend that notices be sent using certified/registered mail or a nationally recognized courier service.
11. Indemnity
You agree to defend, indemnify, and hold Setiamax, our affiliates, subsidiaries, joint ventures, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of these Terms or use of the Site.
12. Careers
This Site may offer job opening information across many Setiamax entities and may provide mediums for you to apply and submit your resume. You understand that nothing contained herein constitutes an offer of employment by any Setiamax entity.
13. Privacy & Security
Our Privacy Policy is incorporated into these Terms. You acknowledge that the requesting URLs of the machine originating the request and the time of the request are logged for access statistics and security purposes and agree that your use of this Site constitutes consent to such monitoring.
14. Links
This Site may contain links to or be accessed through links that are owned and operated by independent third parties. We provide links as a convenience and the inclusion of a link does not imply that Setiamax endorses or accepts any responsibility for the content on the linked site. Setiamax is not responsible for content including but not limited to advertising claims, special offers, illustrations, names, or endorsement, or the availability, operation, or performance of franchisees or any other sites to which this Site may be linked or from which this Site may be accessed. Further, Setiamax is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.
15. Waiver & Severability
No waiver by Setiamax of any of the provisions of these Terms will be deemed a further or continuing waiver of such provision, and any failure of Setiamax to assert a right or provision of these Terms will not constitute a waiver of such provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be severed or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
16. Assignment
Setiamax may assign its rights and/or obligations under these Terms to any person or entity at any time, with or without notice to you or your consent. You may not assign your rights and/or obligations under these Terms to any person or entity without our written consent.
17. Entire Agreement
These Terms constitute the entire agreement between you and Setiamax relating to the subject matter of these Terms, and supersedes all prior understandings, including, any prior communications whether electronic, written, or oral.
18. Contact Us & Notice Address
You must send all written notices to us under these Terms to the following address:
Setiamax Enterprise Sdn Bhd
No. 35, Jalan Setia 2,
Pusat Perdagangan Setia,
86200 Simpang Renggam,
Johor.
Effective 23 June 2024