Terms of Service

Terms of Service

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

These Terms create a legally binding agreement between you and Permai Industries (M) Sdn Bhd and its affiliates (which we may refer to as “Permai Industries” “we,” “us,” or “our”) regarding your use of our website and services available from this site to you.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

THIS AGREEMENT CONTAINS A LIMITATION OF LIABILITY, WARRANTY AND GENERAL DISCLAIMERS, AN ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER, AND AN AGREEMENT TO AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION TERMS. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE, INCLUDING THE WEBSITE OR ANY APPLICATION. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. PERMAI INDUSTRIES (M) SDN BHD DOES NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR YOUR ACCESS OR USE OF IT.

Overview

This website is operated by Permai Industries (M) Sdn Bhd. Permai Industries (M) Sdn Bhd offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

1. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

1. Accuracy, Completeness, and Timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

1. Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

1. Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our “Return Policy”

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

1. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our “Return Policy” 

1. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

1. Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

1. User Comments, Feedback, and Other Submissions

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

1. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our privacy policy

1. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

1. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

1. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Permai Industries (M) Sdn Bhd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

1. Indemnification

You agree to indemnify, defend and hold harmless Permai Industries (M) Sdn Bhd and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

1. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

1. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

1. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

1. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Permai Industries (M) Sdn Bhd, T2A-13-10,  3 Tower, Jalan Ampang, 55100 KL.

1. Electronic Communications and Signatures

You agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law and reinforcing Personal Information. As outlined in the Company’s privacy policy, incorporated herein, we will protect your Personal Information and disclose it only in a limited number of circumstances. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to thwart those measures or use your Personal Information for improper purposes. You acknowledge that you provide your Personal Information at your own risk.

These two things are important and linked to Data Ownership and Usage. As specified in the Company’s privacy policy, incorporated herein, we will own all Aggregated Data, and the privacy policy will govern how we collect and use Personal Information that is submitted through the Services. By accessing or using the Services, you agree that you have read and accept our privacy policy. As explained in our privacy policy , we have controls in place to prevent outside parties from stealing or accessing your data and Personal Information, but they are not foolproof. Please exercise caution when disclosing any Personal Information while using our Website. We will notify one another if either of us becomes aware that your data and/or Personal Information has been compromised. You are solely responsible for resolving disputes regarding ownership or access to your data, including those involving any current or former owners, co-owners, employees or contractors of your business. You acknowledge and agree that the Company has no obligation whatsoever to resolve or intervene in such disputes. Personal Information. As outlined in the Company’s privacy policy, incorporated herein, we will protect your Personal Information and disclose it only in a limited number of circumstances. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to thwart those measures or use your Personal Information for improper purposes. You acknowledge that you provide your Personal Information at your own risk.

1. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

1. Contact Information

Questions about the Terms of Service should be sent to us at support@whitence.com

1. Automatic Renewal

If you have purchased a subscription, you agree that your subscription will automatically renew at the rate and term provided at checkout. Your default payment method will be automatically charged after the subscription or trial period if you do not cancel or extend your subscription within the period, and it will continue to be renewed at this same price and term until you cancel. You can extend your trial, cancel your subscription at no cost, or modify the items in your subscription by using your online account system or contacting the Whitence support team support@whitence.com

When you register for a subscription to receive products, goods, or services from Whitence on a continuing basis, you expressly acknowledge and agree that (a) Whitence (or our third-party payment processor) is authorized to charge you on the frequency of shipments you most recently selected (every two months or otherwise) for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the products, goods, or services in accordance with these terms. You may skip any shipment or cancel your subscription at any time, subject to the terms and supplemental rules.

Cancellation policy. In order to cancel your subscription, you must do so at least 48 hours prior to your next billing date which is shown on your account page. Any cancellation received with less than 48 hours until the next billing date will not be effective until the following billing period and you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your subscription.

1. Automatic Renewal Of Free Trials

If you have purchased a free subscription, you agree that you will receive a free 1 month supply of products and only pay the cost of shipping. 30 days after the date of your free trial order date, you agree that your subscription will be automatically be enrolled into a subscription that renews every 2 months for the price of the two-month supply at a subscription discount. Your default payment method will be automatically renewed and charged after the trial period if you do not cancel or extend your subscription within the period, and it will continue to be renewed at this same price and term until you cancel. You can extend your trial, cancel your subscription at no cost, or modify the items in your subscription by using your online account system or contacting the Whitence support team at support@whitence.com

To the extent legally permitted, we may offer discounted and/or free trials of certain subscriptions for specified periods of time without payment or with discounted payment. If we offer you a discounted or free trial, the specific terms of that trial will be provided in the marketing materials describing the particular trial or at registration.

Once your discounted or free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis at the then applicable price for your subscription (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the end of your trial. Instructions for canceling your subscription are as described above. Please note that you will not receive a notice from us that your discounted or free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate discounted and/or trials at any time, without notice, and at our sole discretion.

1. Arbitration and Class Action Waiver

By accessing or using the Service, you agree that the exclusive means of resolving any dispute or claim between you and Permai Industries (M) Sdn Bhd (including any officer, director, member, manager, employee, independent contractor, agent or representative, or any affiliate of any of these parties (the “Permai Industries (M) Sdn Bhd Parties”)) arising out of or relating to (i) this Agreement, (ii) the Service, or (iii) any transaction between us, shall be by binding arbitration. You and Permai Industries (M) Sdn Bhd Parties further agree that any decision regarding the enforceability or validity of this arbitration provision will be determined by the arbitrator and not by any court. You further agree not to, under any circumstances, bring or maintain any claim against the Permai Industries (M) Sdn Bhd Parties as part of a class action, class arbitration, or other representative action or proceeding. In agreeing to this, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT INCLUDING YOUR RIGHT TO A JURY TRIAL. YOU ARE ALSO GIVING UP YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR OTHER CLASS PROCEEDING. If you do not agree to this arbitration agreement and class action waiver, you must send a written letter to us at Permai Industries (M) Sdn Bhd, T2A-13-10,  3 Tower, Jalan Ampang, 55100 Kuala Lumpur, Malaysia. within ten (10) days of your initial assent to these Terms (including your first purchase of any service or use of our websites) that specifies: (i) your name; (ii) your mailing address; and (iii) your request to be excluded from the final, binding individual arbitration procedure. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the waiver of class action rights.

In arbitration, your claims will be heard and determined by a neutral arbiter, not a judge or jury. You are entitled to a fair hearing in front of the arbitrator. Arbitration is usually a more informal streamlined procedure than a court proceeding. An arbitrator can grant the same relief that a court can award. Therefore, decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. The arbitrator will not have the authority to: (1) consolidate claims brought by more than one person against the Permai Industries (M) Sdn Bhd Parties; (2) preside over any representative or class action against the Permai Industries (M) Sdn Bhd Parties; or (3) award damages to a class. Any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. You acknowledge and agree that this class action waiver is material to the agreement to arbitrate disputes.

This Agreement, and any dispute between you and Permai Industries (M) Sdn Bhd, shall be governed by the laws of the state of Malaysia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed according to Malaysian law.

In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Permai Industries (M) Sdn Bhd Parties may be commenced only in the federal or state courts located in Kuala Lumpur, Malaysia. You hereby irrevocably consent to the jurisdiction of these courts and waive any right to a trial by jury.

¹ All card transactions are transacted between you and Credit Card Merchant. Transactions with other payment methods are transacted between you and Merchant entity in your region.