Terms and Conditions
These are the terms and conditions for the subscription packages (“Subscription Packages”) offered by Semart, a division of Niagable PLT (“Semart”).
- Subscription Packages: Subscription Packages offered by Semart are intended for legitimate use by end-users only. Semart does not permit the resale of Subscription Packages or the use of Subscription Packages for fraudulent or illegal purposes.
- Payment: The price of Subscription Packages is specified on the Semart website and must be paid in full before the subscription starts. Semart accepts payments through the Stripe payment gateway, and the buyer agrees to be bound by the terms and conditions of Stripe.
- Subscription Period: To continue receiving software and services offered by Semart, the user’s subscription must remain active. Semart reserves the right to suspend or terminate access to software and services if the user’s subscription is not active or if the user breaches these terms and conditions. The user acknowledges and agrees that Semart shall not be liable for any losses or damages arising from the suspension or termination of access to software and services due to the user’s failure to maintain an active subscription or breach of these terms and conditions.
- Device Ownership: Device ownership is only transferred to the user after 24 months of active subscription. If the subscription is canceled or terminated before the end of the 24-month period, ownership shall remain with Semart.
- Termination: The user may terminate their subscription at any time by providing written notice to Semart. Semart reserves the right to terminate a user’s subscription for breach of these terms and conditions.
- Refunds: Semart does not offer refunds for Subscription Packages except where required by applicable law.
- Data Collection: Semart tracks user activity on the Semart website and Subscription Packages using Google Analytics. By using Semart Subscription Packages, the user agrees to be bound by the Google Analytics terms and conditions.
- Limitation of Liability: Semart shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the sale or use of Subscription Packages, including but not limited to lost profits, lost data, or business interruption.
- Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of Malaysia, and any dispute arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Malaysia.
Returning Device and Hardware Due to Cancellations
If the user cancels their subscription before the end of the 24-month period, ownership of any device associated with the subscription shall remain with Semart, and the user shall not be entitled to any refund of payments made. The user acknowledges and agrees that Semart may, at its sole discretion, waive this clause in exceptional circumstances. Furthermore, the user agrees to return any Semart properties associated with the subscription promptly upon cancellation, termination or expiry of the subscription period. The user acknowledges and agrees that Semart shall not be liable for any losses or damages arising from the cancellation, termination or expiry of the subscription.
- Device and Property Ownership: All devices and other properties provided by Semart to subscribers shall remain the sole property of Semart, and participants shall not acquire any ownership interest or right to use such devices or properties.
- Return of Devices and Properties: Subscribers shall return all devices and other properties provided by Semart upon termination of their participation in the program, whether such termination is voluntary or involuntary.
- Notice of Return: Semart shall provide written notice to participants at the email address or phone provided during registration for the subscription, specifying the date by which all devices and properties must be returned.
- Condition of Devices and Properties: Subscribers shall return all devices and properties provided by Semart in the same condition as when received, subject only to normal wear and tear.
- Return Method: Participants shall return all devices and properties provided by Semart in the manner and to the location specified by Semart in the notice provided under Section 3.
- Failure to Return: Participants who fail to return all devices and properties provided by Semart by the specified date shall be liable for any damages, losses, or expenses incurred by Semart as a result of such failure.
- Dispute Resolution: Any dispute arising out of or in connection with this device and property return clause shall be resolved in accordance with the dispute resolution provisions outlined in the program’s terms and conditions.
By using any of the Semart Subscription Packages, the user acknowledges and agrees to be bound by these terms and conditions.
Semart is committed to protecting the privacy and personal data of its users. The use of Semart services is subject to the Malaysia Personal Data Protection Act 2010 (“PDPA”). The user acknowledges and agrees that Semart may collect and process their personal data, including but not limited to their name, address, email address, phone number, and payment details, in accordance with the PDPA. Semart may use the personal data collected for the purposes of providing the services, managing the user’s account, processing payments, and communicating with the user. Semart may disclose personal data to its affiliates, service providers, and business partners for the purposes of providing the services. The user may access, correct, or delete their personal data by contacting Semart. The user acknowledges and agrees that Semart shall not be liable for any losses or damages arising from the disclosure of personal data in accordance with these terms and conditions or the PDPA.