Senang - General Terms and Conditions for Service

Please read the following terms of service before submitting your order to senangpks.com.my (“Senang”). These terms of service along with all rules and policies relating to services as stated on senang website, including senang privacy policy, (collectively, the “agreement”) will provide you with information about what you can expect from senang services and forms a legal agreement between us. Your use of senang services constitutes your acceptance of this agreement.

1. Agreement

2. Service

3. Access to the Service

The Client shall solely be responsible for the purchase and/or the proper operation of the infrastructure necessary to properly use the Service and the Website. SENANG shall not be liable for damage or costs on account of transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet.


4. User Content

8. Metadata & Analytics

SENANG uses proprietary software to analyze images it processes. Whenever SENANG processes an image for you, it observes, collects, and analyzes the metadata of the image. SENANG may use this metadata it collects to learn more about the images it processes and help improve the Services. SENANG also collects analytics data about images it caches and processes. For example, SENANG may track how often images are accessed, performance data, and other such technical information. SENANG reserves all rights in and to any metadata and analytics it collects in the course of providing the Services.


9. Third-Party Content

SENANG may display content from third parties through the Services or may provide information about or links to third-party products or services. Your interactions with any such third-parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. SENANG is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information made available through the Services.


10. Trademarks

SENANG name, SENANG trademarks, SENANG logos, and any other SENANG product, service name, or slogan included in the Services are property of SENANG and may not be copied, imitated, or used (in whole or in part) without SENANG prior written consent. The look and feel of the Services, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of SENANG and may not be copied, imitated, or used (in whole or in part) without SENANG prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by SENANG and its licensors with such company or an endorsement or approval by such company of SENANG or its licensors or their respective products or services.


11. Copyright Policy

Repeat Infringer Policy, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, SENANG has adopted a policy of terminating, in appropriate circumstances and at SENANG discretion, users who are deemed to be repeat infringers. SENANG also may, at its discretion, limit access to the Services and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


12. Privacy

13. Changes to Services

SENANG may review, improve, change, or discontinue (temporarily or permanently) the Services or any features, information, materials, or content on the Services. If SENANG makes a material change to the Services, SENANG will notify you in advance, via email or through other communications channels, and give you the opportunity to terminate your use of the Services.


14. Suspension or Termination

SENANG may suspend or terminate your license to access or use the Services either immediately upon your breach of these Terms or for convenience with 30 days advance notice. You can terminate your account with SENANG by notifying there concerned by email and after clearing of any unpaid dues. You will no longer be able to access or use the Services following your termination or suspension. SENANG will use commercially reasonable efforts to remove your user content from the Services within 30 days of termination. You acknowledge that user content may be stored in a cache. SENANG reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination. SENANG may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Services is suspended and after it is terminated. Except for the license granted to you to access and use the Services, all of the terms, conditions, and restrictions set forth in these Terms will survive termination of these Terms.


16. Disclaimers

17. Representations, Covenants and Indemnities

18. Limitation of Liability

In no event will SENANG, its licensors or subcontractors be liable to you for any special, incidental, consequential, indirect, punitive or exemplary damages of any kind, including but not limited to any lost profits, revenue, savings, business, data or goodwill, however used, whether for breach or repudiation of contract, tort, breach of warranty, negligence, or otherwise on any theory of liability, whether or not SENANG or a licensor or subcontractor of SENANG was advised of the possibility of such loss or damages. notwithstanding any other provisions of this agreement, SENANG and its licensors and subcontractors’ total liability to you arising from or in relation to this agreement or SENANG or its subcontractors’ performance of the services shall be limited to the total payments to SENANG for the services performed on the relevant image. in no event will SENANG or its licensors or subcontractors be liable for the cost of procurement of substitute goods or services. the foregoing limitations shall not apply to damages arising from death or personal injury to persons or tangible property in any jurisdiction where such limitation is prohibited by applicable law. some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so such exclusions may not apply to you.


19. Force Majeure

20. Force Majeure

22. Confidentiality

23. Governing Law

The federal courts located in Selangor,Malaysia will have exclusive jurisdiction over any suit in connection with the Services or these Terms that is not subject to arbitration, and you and SENANG hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These Terms and your access to or use of the Services will be governed by, construed in accordance with, and enforced under the laws of Malaysia without resort to its conflict of law provisions.


24. Questions

If you have any questions regarding the use of the Services, please email us at melisa.tan@senangpks.com.my