Terms and Condition

1.0       TERMS AND CONDITIONS:

Important - These terms and conditions ("Terms of Use") apply to your use of the PANNA ESS mobile application (the "Application"), as well as to all information, recommendations and/or Services (as defined below).

PANNA ESS is the mobile application operated by PANNAAGE SOLUTION SDN BHD.

The Terms and Conditions stated herein (collectively, the "Terms and Conditions" or this "Agreement") constitute a legal agreement between you and PANNAAGE SOLUTION SDN BHD (Company No. 1125382-H) (the "Company") as well as its successors and assigns. In order to use the Services you must agree to the Terms and Conditions that are set out below.

By using the Application supplied to you by the Company, and downloading, installing or using any associated software supplied by the Company (the "Software") which overall purpose is to enable persons seeking, inter alia, the Services from certain locations to be matched with the Company’s collection team and independent third party collection service providers for the purpose of the Services, you hereby expressly acknowledge and agree that you have read, understood, accepted and agreed to be bound by the Terms of Use.

If you do not agree to or fall within the Terms of Use of the Services and wish to discontinue the Services, please do not continue using the Application or the Services.

2.0       DEFINITIONS

"PANNA ESS", "the Company", "We" or "Us" means PANNAAGE SOLUTION SDN BHD.

"You" means the person (registered user, "PANNA ESS" appointed personnel/ Management staff, or that person’s employee, officer, director, agent or representative).

"Business Day(s)" means Mondays through Fridays, excluding Saturdays, Sundays and national public holidays in Malaysia.

"Customer Service" shall refer to the Company’s customer service.

"Services" shall mean the provision of collection service of Recyclables by the Company (including access and use of the Application, the Software and collection at an agreed location) for the purpose of facilitating re-use or otherwise recycling of the Recyclables that you designate and acceptable by the Company for collection.

"Recyclables" shall mean raw or processed material that can be removed from waste stream, reused and repurposed into another item.

3. REPRESENTATIONS AND WARRANTIES

3.1       By using the Services, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old or a legal registered company. Without limiting the generality of the foregoing, the Services is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. If you are under eighteen (18) years old, you may use this Application only with authorization from a parent or legal guardian. By using the Services, you further represent and warrant that you have the right, authority and capacity to use the Services and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Services is for your sole personal or company benefits. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Services, you agree to comply with all applicable laws while using the Services.

3.2       You may only access the Services using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Services should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than the purposes for which the Software and/or the Application is intended to be used.

3.3       By using the Software or the Application, you agree that:

• You will only use the Services for lawful purposes;
• You will only use the Services for the purpose for which it is intended to be used;
• You will not use the Services for any unlawful material or for fraudulent purposes;
• You will not copy any content displayed through the Services and/or the Application, including but not limited to Company's menu content and reviews, for republication in any format or media;
• You shall not intentionally or unintentionally cause or attempt to cause damage to the Services, the Application and/or the Software in any way whatsoever;
• You will not copy, or distribute the Software or other content without written permission from the Company;
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Services;
• You will provide the Company with proof of identity as it may reasonably request or require;
• You acknowledge and agree that only one (1) account can be registered to one (1) mobile number notwithstanding that you can access the Services using multiple devices;
• You agree to provide accurate, current and complete information as required for the Services and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Services at any time with or without notice;
• You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Services by new or existing Application users;
• You shall not cause a nuisance or behave in an inappropriate or disrespectful manner towards the Company's employees regardless of any misgivings that you may have against the Company or the Collection Service Provider;
• You shall not impair or circumvent the proper operation of the network which the Services operates on;
• You agree that the Services are provided on a reasonable effort basis; and
• You agree that your use of the Services will be subject to the Company's Privacy Policy as may be amended from time to time.

4.0       COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA

The Company has a privacy policy which sets out how we handle personal data that you may provide or we may collect, in connection with your access and use of our application and service. The Privacy and Data Protection Policy is set out as below:

4.1       Privacy and Data Protection Policy

This Notice is prepared in accordance with the compliance of the Personal Data Protection Act 2010 ("PDPA").

PANNA ESS respects the privacy of your Personal Information and is committed to deal with your personal information in proper and secure manner.

This Personal and Data Protection Policy sets out the principles and processes that PANNA ESS has in place so as to meet the requirements of Personal Data Protection Act 2010 ("PDPA") and also reiterates that the submission of your Personal Information is voluntary.

Personal Information or Personal Data refers to any information about you from which you can be identified. Examples include your personal particulars, employment details, educational qualifications, billing and payment details, and other information about your use of products, services, websites or for job applications.

By providing your Personal Information to PANNA ESS, you hereby consent to PANNA ESS sharing this information to other affiliates of PANNA ESS for purposes of updating and enhancing their respective records and for PANNA ESS and its affiliates to:-

·         collect, retain, use and disclose your Personal Information;

·         contact you by telephone, facsimile and / or e-mail; and

·         advise you of products and services which may be of interest to you.

 

Such Personal Information will also be needed and used by PANNA ESS to better the services of PANNA ESS and its business partners, for tracking and verifying compliance with PANNA ESS policies, for meeting laws and / or for fulfilling editorial and feedback solicitation purposes. PANNA ESS may also share aggregate information about you with advertisers, business partners, sponsors and other third parties. This Personal Information is used to customise PANNA ESS’s content and advertising to deliver a better experience to you. The use of your Personal Information for these purposes will be kept to the minimum required. Where necessary, PANNA ESS and its affiliates may also use the information to resolve any disputes that may arise. PANNA ESS employees, affiliated companies or entities acting on behalf of PANNA ESS with whom we share your Personal Information will be bound by this statement.

Other than those individuals and entities listed below, your Personal Information will not be revealed by PANNA ESS to any external body, unless PANNA ESS has your permission, or is under either a legal obligation or any other duty to do so. The information provided by you may be disclosed by PANNA ESS to:

(a) regulatory authorities;
(b) lawyers / accountants / auditors or other advisors of PANNA ESS;
(c) third party service providers; and
(d) any agents acting on our behalf.

PANNA ESS may, in the following situations, collect, use or disclose Personal Information without your consent:

o    The Personal Information is generally available to the public.

o    The Personal Information is necessary to render a service that the individual has applied for.

o    The Personal Information is required by law.

o    The Personal Information is for research or statistical purposes, and that the results of the research or statistical processing would lead to an aggregate or de-identified Personal Information and would not lead to identification of an individual by any reasonably foreseeable means.

o    The collection, use or disclosure of Personal Information is clearly in the individual's interest.

o    It is impracticable to obtain the individual's consent at the point of collection, use or disclosure, and if it were practicable for the individual to grant such consent, the individual would be likely to give it.

o    Legal, medical, or security reasons make it impossible or impractical for PANNA ESS to seek the individual's consent.

o    In an emergency that threatens the life, health or security of the individual or community

 

4.2       Security of Personal Data

The protection of your personal information is important to us. PANNA ESS take practical steps to protect the personal data from any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction.

PANNA ESS uses industry standard practices to safeguard your Personal Information. Nonetheless, due to any limitation(s) in the current security technology, PANNA ESS cannot always ensure that all communications and identifiable Personal Information will never be disclosed to third parties and PANNA ESS does not promise that all communications and personal identifiable information received through its communication channels will always remain confidential.

4.3       Record Retention

Your personal data will not be kept longer than is necessary for the fulfilment of the purpose for which it was collected unless such retention is necessary for their operational, audit, legal, regulatory, tax or accounting requirements. We will take all reasonable steps to ensure that your personal data are destruct or permanently delete such information.

However, Personal data can be retained for a longer period of time if such retention is necessary for the following purposes:

·        legal proceedings or a regulatory or similar investigation or obligation to produce the said information;

·        a crime or misconduct is suspected or detected;

4.4       Amendments

PANNA ESS reserves the right to amend its data protection policy and the information it has published in relation to the said policy from time to time. While PANNA ESS takes reasonable care to ensure that information published about its said policy is up-to-date, PANNA ESS does not guarantee the accuracy or completeness of such information.

4.5       Right to access and correct personal information

You have the right to access and correct your personal information held by us (subject always to certain exemptions). We will make every endeavor to ensure your personal information is accurate and up to date therefore we ask that if there are changes to your information you should notify us directly.

By providing to us your personal data, you hereby consent to the processing of your personal data in accordance with all of the foregoing.