Terms and Conditions (“Terms”)

Last updated: 15th June 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.halnex.com website and subscribing to any of the service offered through the website (the “Service”) operated by Halnex Sdn. Bhd. (“us”, “we”, or “our”). These terms and conditions shall govern your use of our website.

By accessing this website or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms of service. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

1. Accounts Registration

1. 1. To access our website, you may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
2. You shall not allow any other person to use your account to access the website and you must notify us in writing immediately if you become aware of any unauthorized use of your account.
3. You shall not use any other person’s account to access the website, unless you have that person’s express permission to do so.
4. You shall provide us with accurate, correct, complete and genuine, without limitation, information, documents and records required for the Service. We shall give no warranty to you or to any person claiming though you whomsoever and accepts no responsibility or liability for any losses, damages (direct or indirect), costs, liabilities, expenses, claims or demands resulting from the inaccuracy or the incompleteness of the information, documents, and records provided by you for the Purchase.

2. User login details

1. If you register for an account with our website, you will be asked to create a user ID and password. Your user ID must not be liable to mislead and must not use your account or user ID for or in connection with the impersonation of any person.
2. You must keep your password confidential and you must notify us in writing immediately if you become aware of any disclosure of your password.
3. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

3. Cancellation and suspension of account

1. We may suspend your account and/or cancel your account at any time in our sole discretion without notice or explanation.

4. Use of the website

1. Except as expressly permitted by the above paragraph or other applicable provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
2. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes without our express written consent.
3. You must not republish material from our website (including republication on another website), exploit material from our website for a commercial purpose or redistribute material from our website.
4. Notwithstanding the above (4.3) paragraph, you may redistribute newsletters or promotional posters in print and electronic form to any person.
5. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
6. You must not use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.
7. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
8. You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website without our express written consent.
9. You must not access or otherwise interact with our website using any robot, spider or other automated means.

5. Purchases

1. If you wish to purchase any of the service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your company name, company category (micro, small, medium or multinational), company registration status (Malaysian or International registered company), company registration number with Companies Commission of Malaysia (SSM), business scheme, type of operation, name of applicant or person in charge, identification card number of applicant or person in charge, designation of applicant or person in charge, company email, company phone number, number of premise involved in the Purchase and address of all the premise involved in the Purchase.
2. You shall provide us with accurate, correct, complete and genuine, without limitation, information, documents and records required for the Purchase. We shall give no warranty to you or to any person claiming though you whomsoever and accepts no responsibility or liability for any losses, damages (direct or indirect), costs, liabilities, expenses, claims or demands resulting from the inaccuracy or the incompleteness of the information, documents, and records provided by you for the Purchase.
3. If you wish to purchase the Premise Assessment service, you may be asked to supply documents and information relevant to the service including, without limitation, the plan layout of all premises involved in the service to be purchased and video recording(s) featuring all of the premises involved in the service according to the instruction provided by us whenever video call or video conferencing is not possible. You must agree to the use of remote auditing to audit your company as part of the Purchase. You shall ensure that the technology, without limitation, the hardware and adequate internet bandwith are available and that you are competent and at ease with its operation. This should be assessed prior to the decision to use the Purchase.
4. If you wish to purchase the Pre-assessment audit service or the External Audit service, you may be asked to supply documents and information relevant to the service including, without limitation, copy of the Halal Files of your company complete with all documents, records and information required by JAKIM and copy of your Halal Assurance System (HAS) or Internal Halal Control System (IHCS). You must agree to the use of remote auditing to audit your company as part of the Purchase. You shall ensure that the technology, without limitation, the hardware and adequate internet bandwith are available and that you are competent and at ease with its operation. This should be assessed prior to the decision to use the Purchase.

6. Subscriptions

The Service are billed on a one time, per order basis. You shall pay the fee required for the Service before you can utilize the Service.

Some parts of the Service may be billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis, depending on the type of subscription plan you select when purchasing a Subscription

7. Accuracy

While every precaution has been taken in the preparation of the content of the Service and every effort made, the accuracy of, without limitation, the information, records, documents and materials required and mentioned in the Service are subjected to changes and differences. We shall not be liable for any errors or omissions that may remain and any losses or inconveniences incurred as a result of such changes or differences.

This Website may contain inadvertent inaccuracies or typographical errors. These will be corrected at our discretion, as they are found. The information on this Website is updated regularly, but inaccuracies may remain or occur where changes occur between updates. Halnex Sdn Bhd excludes any obligation or responsibility for this content.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

8. Content

No part of this Website or the Service shall be reproduced for any commercial purposes without the permission from Halnex Sdn Bhd. The content, text, images, graphics, sound files, animation files, video files, and their arrangement on this Website are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. This Website may contain images or content whose copyrights are owned by or whose moral rights are attributable to third parties.

9. Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Halnex Sdn Bhd.

Halnex Sdn Bhd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Halnex Sdn Bhd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

10. Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

11. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

12. Cookies

We employ the use of cookies. By using Halnex Sdn Bhd’s website you consent to the use of cookies in accordance with Halnex Sdn Bhd’s privacy policy.Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

13. License

1. Unless otherwise stated, Halnex Sdn Bhd and/or it’s licensors own the intellectual property rights for all material on Halnex Sdn Bhd. All intellectual property rights are reserved. You may view and/or print pages from https://halnex.com/ for your own personal use subject to restrictions set in these terms of service.
2. You must not:
   – Republish material from https://halnex.com/
   – Sell, rent or sub-license material from https://halnex.com/
   – Reproduce, duplicate or copy material from https://halnex.com/
   – Redistribute content from Halnex Sdn Bhd (unless content is specifically made for redistribution).

14. Hyperlinking to our Content

The following organizations may link to our Web site without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Web site information so long as the link:
is not in any way misleading;
does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
fits within the context of the linking party’s site.

We may consider and approve in our sole discretion other link requests from the following types of organizations:
commonly-known consumer and/or business information sources such as Chambers of Commerce, American
Automobile Association, AARP and Consumers Union;
dot.com community sites;
associations or other groups representing charities, including charity giving sites,
online directory distributors;
internet portals;
accounting, law and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.

We will approve link requests from these organizations if we determine that:
the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
the organization does not have an unsatisfactory record with us;
the benefit to us from the visibility associated with the hyperlink outweighs the absence of Halnex Sdn Bhd; and
where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link:
is not in any way misleading;
does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and
fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@halnex.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Halnex Sdn Bhd’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

We reserve the right at any time and in its sole discretion to request that you remove all links or any link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms of service and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms of service.

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

15. Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may send you one or more formal warnings, temporarily suspend your access to our website, permanently prohibit you from accessing our website, block computers using your IP address from accessing our website, commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

16. User Comments

Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Halnex Sdn Bhd does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Halnex Sdn Bhd, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion.

To the extent permitted by applicable laws Halnex Sdn Bhd shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Halnex Sdn Bhd reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms of Service.

You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consent to do so;
The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant to Halnex Sdn Bhd a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

17. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

As long the Client has agreed to these terms of service, we will not be liable for any loss or damage of any nature.

18. Personal Data Protection Notice

18.1 This Personal Data Protection Notice (“Notice”) sets out how Halnex Sdn. Bhd., its related corporations, associates, affiliates and joint development companies as well as their representatives (collectively, “Halnex”) collects uses and protects your Personal Data which you have provided to Halnex. By engaging Halnex to provide its services, you hereby agree and consent to Halnex using and processing your Personal Data in the provision of services that you have requested from Halnex (“Services”).

18.2 Personal Data

The “Personal Data” that you provide or have provided to Halnex includes, but is not limited to your name, contact details, address, email address, NRIC number or passport number, bank account information.

In addition to the Personal Data that you provide to Halnex directly (whether when engaging us to provide our services or during any communication with Halnex), Halnex may also collect your Personal Data from various other sources, including without limitation, from online search tools, information obtained from third parties through lawful sources including but not limited to Companies Commission of Malaysia, National Registration Department of Malaysia, Insolvency Department of Malaysia, CTOS Sdn Bhd or other relevant authorities, or at events organized or participated by Halnex.

In respect of personal data of third parties such as your spouse, family members or business partners, you warrant that you have obtained their consent allowing us to process their personal data and you will extend a copy of this Notice to them.

18.3 Purpose of Processing Personal Data

By engaging Halnex, you hereby agree and consent to Halnex using and processing your Personal Data provided to Halnex, in the manner and for the purposes as described below:
for the purposes of the Services;
for preparing any document or instrument which may be required for the purposes set out in sub-paragraph (1) above and such other ancillary work in connection with sub-paragraph (1) above, including but not limited to, preparing the necessary contract or agreement or instrument to which you are a party;
to provide such necessary information to any regulatory or governmental authorities as required by statutory, regulatory or governmental requirements;
for Halnex’s internal administrative purposes including historical and conflict checking purposes;
for Halnex to communicate with you;
for Halnex to share any updates and programmes conducted by Halnex and relevant organisations; and
for Halnex to comply with its obligations under law or any regulations imposed by regulatory or governmental authorities.
For marketing and service fulfilment purposes by Halnex or other party as mentioned in paragraph (18.4.1) below

It is voluntary for you to supply your Personal Data to Halnex. However, if you do not wish to provide your Personal Data, Halnex may not be able to:
provide you the services that you require; or
communicate effectively with you.

Halnex may also use and process your Personal Data for other-purposes such as:
to send you materials such as season greeting cards, newsletters, articles, write-ups and other updates, distribute information of events, conferences, talks and seminars which may be of interest to you; and
potential referees to editors / researchers in publications and journals and potential clients who request for referees of past work in our credential statements, tenders and submissions, if any, by way of email or mail.

If you do not agree or consent to Halnex processing your Personal Data for the purposes set out in this paragraph, please notify Halnex vide the contact details set out in paragraph (18.6) below.

18.4 Disclosure of Personal Data

Your Personal Data provided to Halnex or obtained by Halnex shall be kept confidential by Halnex. However, it may be necessary for Halnex to engage third party companies, service providers or individuals to perform certain services on Halnex’s behalf. In such event, you hereby agree and consent that Halnex may disclose and transfer your Personal Data to the third parties for the purposes mentioned in paragraph “Purpose of Processing Personal Data” above, within or outside Malaysia, including without limitation, as follows:
banks and financial institutions including, but not limited to;
Alliance Bank Malaysia Berhad
Alliance Islamic Bank Malaysia Berhad
insurance providers;
storage facility providers;
external advisors and other professional advisors, such as auditors; and
such other party as Halnex deems necessary for the purposes mentioned in paragraph “Purpose of Processing Personal Data” above

Halnex shall also disclose and transfer the information to any statutory bodies, regulatory bodies and / or governmental authorities where legally required to do so.

18.5 Email and Website

Any Personal Data contained in the emails and “Contact Us” messages sent via Halnex’s Website to Halnex shall be used and processed in the manner set out in this Notice. The content of the messages shall be strictly monitored by Halnex.

If you do not wish for your Personal Data to be collected via cookies on the Website, please configure your internet browser to delete or deactivate cookies.

Halnex’s Website may contain links to other sites and pages. Halnex shall not be responsible for any Personal Data or information that you may provide to other entity via the links.

18.6 Request for Access and Inquiries

You may at any time hereafter request for access to, or request for rectification or correction of your Personal Data (subject to payment of fees, if applicable), or limit the processing of your Personal Data by Halnex, as the case may be, however subject to the exceptions and restrictions as may be contained under the applicable law. If you wish to do so please contact:

Contact Person : Afiq Adham bin Abd Rasib
Email : afiq.adham@halnex.com

Contact Person : Haziratul Mardhiah binti Hamdan
Email : hazirah.hamdan@halnex.com

You may also contact Halnex via the above contact details if you have any inquiries or complaints in respect of your Personal Data provided to Halnex.

Please note that Halnex has the right to refuse your request to access and / or make any correction to your Personal Data to the extent permitted under the applicable law.

18.7 General

Halnex reserves the right to amend or modify this Notice from time to time.

19. Contact Us

If you have any questions about these Terms, please contact us.