Terms & Conditions
TERMS & CONDITIONS
1. WHO WE ARE
We are DIVINESHI INTERNATIONAL wholly owned by THE DIVINESHI MANUFACTURING SDN BHD (Company no. 201901005662 (1314989-K) having our business address at No A-12-B, Ground Floor, Block A, Centrepoint Business Park, No.5, Jalan Tanjung Keramat 26/35, Sek. 26, 40400 Shah Alam, Selangor Darul Ehsan MALAYSIA
These Terms and Conditions are our copyrighted intellectual property. Any use by third parties, even of extracts of the Terms and Conditions, for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
In these Terms and Conditions:
"Account" means the DIVINESHI INTERNATIONAL Account that you will need to register on our Platform if you would like to submit an Order;
"Apps" means our DIVINESHI INTERNATIONAL mobile app on iOS and Android;
"Business Day" means a day from 9.00 a.m. to 6.00 p.m. in Malaysia, excluding Saturdays, Sundays, and gazetted public holidays;
”Order Confirmation" means our email to you, in which we acknowledge your Order in accordance with clause 6.2 below;
"Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;
"Customer" means any individual who places an Order on the Platform;
"Order" means the Order submitted by you to the Platform to purchase a Product from us;
"Platform" means collectively DIVINESHI INTERNATIONAL’s Apps and Website, and any other websites or applications which we may own or operate from time to time, each of which shall be described as a “Platform”;
"Website" means the DIVINESHI INTERNATIONAL website accessed at the following address at www.divineshiinternational.com;
"You" means the Customer or a guest;
References to "clauses" are to clauses of these Terms and Conditions;
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
References to "includes" or "including" or like words or expressions shall mean without limitation.
To place an Order with DIVINESHI INTERNATIONAL you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with DIVINESHI INTERNATIONAL only with the involvement of a parent or guardian.
You must not misuse our Platform. You shall not use any automated systems or software to extract data from this Platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision would constitute an offence under Section 233 of the Communications and Multimedia Act 1998. In the event such breach occurs, DIVINESHI INTERNATIONAL will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
5. ENTIRE AGREEMENT
These Terms and Conditions shall apply to your use of the Platform and all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Condition constitute the entire agreement between you and DIVINESHI INTERNATIONAL and supersede any and all preceding and contemporaneous agreements between us.
You acknowledge that by entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
6. TERMS OF SALE
To place an Order, you must register with us by creating an Account on the Platform. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Platform.
You shall not misuse the Platform by creating multiple user accounts.
6.2 Formation of a Contract
The information set out in the Terms and Conditions and the details contained on this Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
To submit an Order, you will be required to follow the online shopping process on the Platform. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.
An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.
A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
6.3 Price and Payment
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Platform are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
Where applicable, prices are inclusive of GST and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
We are under no obligation to fulfil your Order if the price listed on the Platform is incorrect (even after your Order has been acknowledged by us).
You can pay using any of our payment partners listed on our Platform or use the cash on delivery payment method. Similarly, you can pay all or part of the price of your Order using an e-gift cards, store credit or a promotional voucher.
E-gift cards and promotional vouchers must be entered at the check-out page online only. Physical presentation of vouchers to DIVINESHI INTERNATIONAL personnel will not be accepted.
To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
Upon authorisation of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
6.4 Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Platform, please contact email@example.com immediately. We will try our best to process your request.
6.5 Refusal of Order
We reserve the right to withdraw any Products from this Platform at any time and/or remove or edit any materials or content on this Platform. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Platform, whether it has been sold or not, removing or editing any materials or contents on this Platform or for refusing to process or accept an Order.
7. CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)
If you wish to cancel your Order, please contact our Customer Service Team via chat [here] or firstname.lastname@example.org. No cancellation fees shall be applicable. Once an Order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the Customer Service Team (Please contact the above stated number or refer to your return-slip provided in your received parcel).
8. RETURNS AND REFUNDS POLICY
If you are not completely satisfied with your purchase, you may return the Product to us within thirty (30) days of receipt. The Product shall be un-used, Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable). This policy is applicable only to those products which do not fall under the list of non-refundable brands/items provided on our Platform.
All items must be received by DIVINESHI INTERNATIONAL in order for a customer to be eligible for a refund or replacement. You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
We provide a pre-paid return shipping service to ensure the best possible online shopping experience for you. Please refer to the pre-paid shipping label in the parcel sent to you. If you are unable to find the pre-paid shipping label, please contact our Contact Service Team.
We do not honour any walk-in returns.
Your returned Products are usually received and accepted at our warehouse within a set number of days after the return drop off or pick up. Returns handling time will vary depending on your return method and courier of choice. Please see our Exchange or Refund / Return Time Frame Policy for more details. We will refund you via store credit which you may utilize for your next purchase. In event you prefer to be refunded by different means please contact us via chat [here] or email email@example.com and we will try our best to assist you.. In the event of returns and the net order value after returns and cancellation falls below the threshold set out in our Shipping Fees Policy, you may be charged shipping fees. Please see our Shipping Fee Waiver Policy
9. FAULTY PRODUCTS
All Product descriptions, information and materials posted on this Platform are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
Product image as seen on the Platform may slightly differ from the actual Product that you receive.
If the item you receive is faulty, please contact our Customer Service Team and provide your Order number, your name and address, details of the Product and the reason for return, and whether you require a refund or a replacement.
Upon receipt of the Products, we will examine it and we will advise you on the status of the replacement or refund (if any) via email as soon as practicable.
DIVINESHI INTERNATIONAL may at its discretion refuse to process a replacement/exchange order however may offer a refund as a substitute remedy subject to clause 9.
In the event the Product returned is not faulty, we may at our discretion decide not to replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
You may use promotional vouchers and e-gift cards while making payment for Products on the Platform. Specific details for promotional vouchers and e-gift cards are listed below.
To redeem vouchers in your Account or check an existing credit, please visit "My User Account" on the Platform. Subject to clause 14.1, we accept no liability for errors in the email address of the voucher recipient.
Promotional vouchers must be entered at the check-out page online only. Physical presentation of vouchers to DIVINESHI INTERNATIONAL personnel/Delivery staff will not be accepted.
In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with an e-gift cards purchase or redemption of that voucher on the Platform, we are entitled to close your Account and/or require a different means of payment.
We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
In rare cases, DIVINESHI INTERNATIONAL may at its sole discretion discontinue or cancel any voucher previously issued and will not be responsible for any losses arising therefrom.
Conditions for the redemption of promotional vouchers:
From time to time we may distribute promotional vouchers that may be used only on the Platform, which we will send to you either by email or post:
Promotional vouchers are valid for the specified period stated on the voucher, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items. We may exclude individual brands from voucher promotions in accordance with our sales strategies. The current list of exclusions can be found at: http:// www.divineshiinternational.com /faq-non-sale/
You may redeem only ONE voucher per promotional campaign. DIVINESHI INTERNATIONAL reserves to the right to cancel any subsequent orders made by you using a voucher of the same promotional campaign.
If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
The credit of a promotional voucher does not accrue interest, nor does it have a cash value.
If the credit of a promotional voucher is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.
For cash vouchers stipulated for a specified sum, if you choose to return the product, you will not be refunded the value of the cash voucher. However, if you paid partly with your own funds, this portion will be refunded.
For more detail’s usage of vouchers terms and conditions please refer to http:// www.divineshiinternational.com /voucher-terms-of-use/
12. CONDITIONS FOR THE REDEMPTION OF E-GIFT CARDS:
You may purchase e-gift cards for use on the Platform by you or other Customers. The conditions in clause 11.7 shall apply to e-gift cards. These e-gift cards will be sent by email.
E-gift cards cannot be used to buy further e-gift cards. E-gift cards may only be purchased through debit card, credit card or PayPal.
The credit of a e-gift cards does not accrue interest, nor does it have a cash value.
An order for a e-gift cards can be cancelled by contacting our Customer Service Team via chat [here].
If the credit of a e-gift cards is insufficient for the Order you wish to make, you may make up the difference using one of our accepted payment methods.
13. DISCLAIMER OF LIABILITY
The content displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, DIVINESHI INTERNATIONAL and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Nothing in these Terms and Conditions shall exclude or limit DIVINESHI INTERNATIONAL’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend, hold harmless DIVINESHI INTERNATIONAL, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Platform or your breach of the Terms and Conditions.
15. GUARANTEE AND COMPLAINTS MANAGEMENT
DIVINESHI INTERNATIONAL shall perform its obligations under these Terms and Conditions with reasonable skills and care.
We place great value on our Customer satisfaction. You may contact us at any time using the contact details given in clause 6.4 of these Terms and Conditions. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer or supplier must generally be involved, and as such it may take longer to resolve such an enquiry or complaint.
In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that was assigned to you in the Order Confirmation. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five (5) Business Days, please make further enquiries.
16. PERSONAL DATA PROTECTION
17. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
Strikes, lock-outs or other industrial action
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks
The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipient’s address within Malaysia.
Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent. In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
19. INTELLECTUAL PROPERTY RIGHTS
All content included in or made available through our Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of DIVINESHI INTERNATIONAL or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by DIVINESHI INTERNATIONAL and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Platform nor may you use any such content in connection with any business or commercial enterprise.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platform are trademarks of DIVINESHI INTERNATIONAL in Malaysia and other countries. DIVINESHI INTERNATIONAL 's trademarks may not be used in connection with any product or service that is not provided by DIVINESHI INTERNATIONAL, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DIVINESHI INTERNATIONAL. All other trademarks not owned by DIVINESHI INTERNATIONAL that appear on the Platform are the property of their respective owners.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event DIVINESHI INTERNATIONAL becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
If you print, copy or download any part of our Platform in breach of these Terms and Conditions, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by DIVINESHI INTERNATIONAL or its licensors.
20. LINKS TO THE SITE
You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any Platform that is not owned by you.
This Platform must not be framed on any other Platform, nor may you create a link to any part of this Platform other than the home page. We reserve the right to withdraw linking permission without notice.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
25. THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
26. GOVERNING LAW
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Malaysia. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
We reserve the right to amend these Terms and Conditions and our policies at any time at its sole discretion without prior notice. All amendments to these Terms and Conditions, including our policies will be posted on our Platform and be effective immediately. Your continued use of the Platform constitutes acceptance of the amended Terms and Conditions.
DIVINESHI INTERNATIONAL takes its responsibilities in relation to protecting your Personal Data and compliance with Applicable Laws very seriously. We are committed to properly managing, protecting and processing your Personal Data in accordance with this Policy, which shall apply to all Personal Data we collect from you through our Platforms.
Please read and review this Policy, which will inform you how we collect, use, process and disclose your Personal Data. We may also collect and process your Personal Data under any exceptions to Applicable Laws, which are not set out in this Policy. We trust that it will assist you in making an informed decision whether to provide us with any of your Personal Data.
For the purposes of understanding DIVINESHI INTERNATIONAL’s Personal Data Protection Policy (“Policy”), capitalised terms used in this Policy shall have the following meanings:
Applicable Laws” means Malaysia’s Personal Data Protection Act 2010 and its subsidiary legislations and regulations as amended from time to time;
Apps” means our DIVINESHI INTERNATIONAL mobile app on iOS and Android;
Personal Data” means any data, whether true or not, which is (a) about an individual who can be identified (i) from that data; or (ii) from that data and other information to which we have or are likely to have access and would include data in our records as may be updated from time to time, or (b) defined as “personal data” or “personal information” under any applicable Data Protection Laws.
Platforms” means collectively DIVINESHI INTERNATIONAL’s Apps, Social Media and Website, and any other websites or applications which we may own or operate from time to time;
Social Media” means DIVINESHI INTERNATIONAL’s pages and accounts on third party social media platforms such as Instagram, Facebook, Twitter, Pinterest and Google+;
Website” means the DIVINESHI INTERNATIONAL website accessed at the following address at www.divineshiinternational.com.
During our relationship with you, we may collect Personal Data from you. Examples of the types of Personal Data we may collect include your name, contact details, mailing and delivery addresses, email address, birthday, network and device data, your shopping or browsing behaviours, facial image, voice recording (for customer service calls) and any other personally identifiable information which you have provided us in any forms you may have submitted to us, or in the course of any other forms of interaction between you and us.
If you provide us with Personal Data relating to a third party by submitting such Personal Data to us, you represent to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes.
By (1) clicking “Yes” on our Policy pop-up or any web form referring to this Policy on any of our online platforms, (2) submitting your Personal Data to us when signing up for an account on the Website, (3) browsing our Website, or (4) ordering any of our products and services, you are agreeing to the terms of this Policy.
We may update this Policy to ensure that it is consistent with industry trends and/or any changes in legal or regulatory requirements. You agree to be bound by the prevailing terms of the Policy as updated from time to time. We will endeavour to notify you by email or by notice on the Website of any material changes to the Policy.
29. HOW DO WE COLLECT YOUR PERSONAL DATA?
We collect Personal Data from you when:
You register an account on the Website or the Apps;
You use any of our related services, such as subscribing to our newsletter, product notifications;
You browse our products and services or otherwise interact with our Website and Apps;
You accept our cookies on your device;
You interact with our customer experience team or other representatives, for example, via our webform, emails, telephone calls, letters, or face-to-face meetings;
You interact with us on our Social Media, such as liking our posts, commenting on our posts, private messaging us on our Social Media;
You participate in our promotions, lucky draws, initiatives or any request for additional Personal Data such as customer surveys;
We receive references from business partners and third parties, for example, where they referred you to us to enjoy the benefits of a joint promotion or collaboration or to redeem a voucher you purchased through them;
Your authorized representative submits your Personal Data to us for any purpose reasonably authorized by you, for example if such representative is purchasing our product or service to be delivered to you or as a gift;
Our third-party analytics and other service providers provide your Personal Data to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or
When you voluntarily submit your Personal Data to us for any reason.
Please also take note of our Cookies Policy below in respect of the data collected and used by third-party cookies and trackers on our Website and Apps.
We may also collect your Personal Data in circumstances where such collection does not require consent under Applicable Laws.
Please ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure to do so may result in our inability to provide you with the products and services you have requested.
30. HOW WILL YOUR PERSONAL DATA BE USED?
We may use and disclose your Personal Data for purposes necessary to provide you with our products as services, including to:
Register and maintain your user account and to verify your identity or age;
Process your order for our products or services, process or collect your payment for the order;
Deliver or perform the products or services you purchased, including our couriers calling or messaging you to obtain your delivery instructions;
Process your returns or refunds in accordance with our Terms of Service;
Provide you with supporting services and functions related to your user account, such as saved items in cart, wish list, brand or product notifications;
Communicate with you in relation to (i) your queries, requests and feedback, (ii) material changes to our Website or Apps Terms of Service, Policy or other terms and conditions, and (iii) matters relating to the operation of your account;
Personalise and improve your customer experience when you visit the Website and the Apps, for example by prioritizing products and services appearing in your search results or feed;
Monitor and enforce compliance with our Terms of Service, including dispute resolution;
Comply with (i) internal risk controls, (ii) the terms of our access to payment processing, financial or banking services such as credit card disputes, fraud, billing errors, or (iii) any applicable law; and
Ensure our Website and Apps function properly and to improve their performance, by carrying out activities such as debugging, statistical analyses for optimizing our Website and Apps. (collectively, the “Purposes”)
In addition, we may use and disclose your Personal Data for the following purposes, to:
Send you marketing communications in relation to our sales, products, services, promotions or the Platforms;
Send you marketing communications in relation to the sales, products, services or promotions of business partners, including promotional mail together with your order;
Deliver ads which are related to our products and services which may be of interest to you on the Platforms or other websites, apps or online platforms;
Enable businesses to deliver ads which are related to their products and services which may be of interest to you;
Provide you with our add-on or premium services such as DIVINESHI INTERNATIONAL NOW;
Invite you to our private customer events;
Process your participation in our promotions, lucky draws, initiatives or any request for additional Personal Data such as customer surveys;
Process your participation in our business partners’ loyalty or point redemption programs;
Conduct market and customer research, analysis or tracking;
Promote our products and services on our Platforms;
Manage the administrative and business operations of DIVINESHI INTERNATIONAL and complying with internal policies and procedures;
Improve your customer experience across all touchpoints and training our customer experience team, such as by recording and monitoring phone calls; and
Any specific purpose in relation to a particular product or service, which we may separately notify you on the product or service page; (collectively, the “Additional Purposes”)
We may also use your Personal Data (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent, the Additional Purposes; or (b) in circumstances where such use does not require consent under Applicable Laws.
Note: If you withdraw your consent for us to use and process your Personal Data the Purposes or the Additional Purposes, we may no longer be able to provide you with the related products, services or benefits associated with our promotion.
31. WHO WILL YOUR PERSONAL DATA BE SHARED WITH?
In relation to our use of your Personal Data for the Purposes or Additional Purposes, we may disclose your Personal Data to our:
Employees, consultants, temporary workers;
DIVINESHI INTERNATIONAL Marketplace sellers, who supply and deliver the products or services you ordered through the Website or Apps;
Payment processors, who process your payment on the Website and the Apps;
Logistics providers, such as courier services which will deliver your order to you;
Business partners who separately maintain an account with you for loyalty or point redemption programs;
Business partners or vendors in connection with the processing of any promotion, event or service organised by us;
Professional advisers and consultants;
Agents, contractors or service providers who provide operational services to us, such as online cloud storage and processing, marketing optimization, information technology, telecommunications, security or other relevant services which requires their collection, use or disclosure of your Personal Data; and
Any other party whom you authorize us to disclose your Personal Data to.
We may also disclose your Personal Data (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent, the Additional Purposes; or (b) in circumstances where such disclosure does not require consent under the Applicable Laws.
We do our best to minimize the disclosure of your Personal Data to the information necessary to perform the related Purpose or Additional Purpose. ‘
32. HOW CAN I ACCESS OR CORRECT MY PERSONAL DATA?
You may access or correct your name, e-mail address, birthday, shipping and billing addresses and contact numbers by logging in to your user account on the Website or Apps under “Account Information” and clicking the “Edit” button under each relevant field.
For Personal Data that cannot be corrected by you by logging in to your user account on the Website or Apps, you may request to access and correct such Personal Data by submitting a written request to us via our customer service feedback form (available on https://www.divineshiinternational.com/contact/) or by emailing our Data Protection Officer at here. We may need to request additional information from you to confirm your identity before providing the access or making the correction.
We will do our best to respond to Personal Data access and correction requests within 21 days from the date of receipt of the requests. Where we are unable to meet this timeline, we will update you with the soonest possible time within we can provide the information or make the correction. Please note that certain types of Personal Data access and correction requests may be exempt under Applicable Laws.
Note that we may charge you a reasonable fee for the handling and processing your Personal Data access request.
We will send your corrected Personal Data to every other person or entity to which such Personal Data was disclosed by DIVINESHI INTERNATIONAL within the year OR twelve (12) months before the date of the correction, unless such person or entity does not need the corrected Personal Data for any legal or business purpose or unless we reasonably believe that the other person or entity has ceased using such Personal Data for the purpose for which such disclosure was made.
33. REQUEST TO WITHDRAW CONSENT
If you wish to withdraw your consent for us to send you sales, marketing or promotional information, please inform us as follows:
To withdraw consent from receiving SMS promotions: please unsubscribe by following the steps provided in the promotional SMS;
To withdraw consent from promotional emails: please click on the Unsubscribe link in the promotional emails;
To withdraw consent from receiving promotional material with your order package: please email our Data Protection Officer at the email address provided below.
Once we receive notification that you wish to withdraw your consent for receiving marketing or promotional materials or communications, it may take up to thirty (30) days for your withdrawal to be reflected in our systems. Therefore, you may still receive marketing or promotional materials or communications during this period.
If you withdraw your consent to receive marketing or promotional materials through a specific communication mode (e.g. SMS), we may still contact you for other purposes in relation to the products and services via other communication modes you have subscribed to (e.g. email).
You may withdraw your consent for the collection, use and/or disclosure of any of your Personal Data in our possession or under our control by submitting a written request via email to our Data Protection Officer via here. Note that, depending on the nature of the consent withdrawal, we may not be able to continue to provide you with some or all of our products or services. We will process such a request within a reasonable time from receiving notice from you of your withdrawal of consent. Once the processing is complete, we will no longer collect, use and/or disclose your Personal Data, except to the extent we retain your Personal Data for compliance, regulatory or other legal purposes.
34. ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA
We will make reasonable efforts to ensure Personal Data likely to be used by us or disclosed by us to another organization is accurate and complete. However, you should update us of any changes in your Personal Data. We will not be responsible for relying on inaccurate or incomplete Personal Data if you have not updated us of changes.
We will also put in place reasonable security arrangements to ensure that your Personal Data is adequately protected and secured. This includes putting in place reasonable measures to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage or alteration of your Personal Data. However, we will not be responsible for any unauthorized use of Personal Data by third parties which is attributable to factors beyond our control.
When Personal Data in our possession is (i) no longer required for any reason connected to the purpose it was originally collected or (ii) retention by us is no longer necessary for any other legal or business purposes, we will exercise measures to ensure such Personal Data is destroyed, permanently deleted or anonymised.
If Personal Data is transferred out of Malaysia, we will comply with Applicable Laws in doing so. This includes: (i) obtaining your consent, unless an exception exists under Applicable Laws or any other laws, and (ii) taking reasonable steps to ascertain whether the foreign recipient of the Personal Data is bound to comply with standards of protection that are at least comparable to the Applicable Laws.
35. THIRD PARTY COOKIES
DIVINESHI INTERNATIONAL uses the services of third-party vendors, who may implement cookies on the Website. Advertisements on the Website may be provided by third party agencies. These advertisements may also generate cookies, for example, to track how many people have viewed the advertisement. The collection, use, and disclosure of information, including Personal Data, collected by such third-party cookies are subject to the privacy and data protections policies of the third-party vendors and are not under our control.
You may reject third party cookies through the settings on your browser. Note that this may result in the loss of Website functionality, restrict your use of the Website, or delay or affect the way in which the Website operates.
36. GGOOGLE ANALYTICS
DIVINESHI INTERNATIONAL uses certain Google Analytics functions. Please see this link for how your data is collected and this link for instructions on how to opt-out of any Google Analytics data tracking.
DIVINESHI INTERNATIONAL may use Google Analytics features based on Display Advertising, including but not restricted to the following: Remarketing, Google Display Network Impression Reporting, DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. Using the Google Ads Settings, you can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.
DIVINESHI INTERNATIONAL also uses Remarketing with Google Analytics to advertise online; third-party vendors, including Google, may show DIVINESHI INTERNATIONAL ads on sites across the Internet. DIVINESHI INTERNATIONAL and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on visitors’ past visits to DIVINESHI INTERNATIONAL, as well as report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to DIVINESHI INTERNATIONAL.
When you log on to the DIVINESHI INTERNATIONAL website, DIVINESHI INTERNATIONAL with the help of Google Analytics may use your browsing behaviour to connect it with any other data that has previously been provided by you, in accordance with this Policy.
37. CONTACTING US
For any questions relating to your Personal Data or about this Policy, if you have a complaint regarding the collection, use or handling of your Personal Data by us, or a question about how we are complying with Applicable Laws, you may contact our Data Protection Officer via one of the following methods:
Attention it to the ‘Data Protection Officer’.
Office address: No. A-12-B, Ground Floor, Block A, Centrepoint Business Park, No.5, Jalan Tanjung Keramat 26/35, Sek. 26, 40400 Shah Alam, Selangor Darul Ehsan MALAYSIA
Email address: firstname.lastname@example.org
Emails and letters should clearly state that you are making a data protection query, request or complaint in the subject line to ensure the matter is dealt with expediently. We will strive to deal with any query, request or complaint promptly and fairly.
38. GOVERNING LAW
This Policy and your use of this Website shall be governed in all respects by the laws of Malaysia.
39. UPDATES ON DATA PROTECTION POLICY
As part of our efforts to ensure that we properly manage, protect and process your Personal Data, we will be reviewing our policies, procedures and processes from time to time. In this regard, DIVINESHI INTERNATIONAL may update this Policy to ensure that it is consistent with industry trends and any changes in legal or regulatory requirements. We reserve the right to amend the terms of this Policy at our absolute discretion.
Subject to your rights at law, you agree to be bound by the prevailing terms of the Policy as updated from time to time on our Website. Any amended Policy will be posted on our website and can be viewed at www.divineshiinternational.com/privacy-policy. By continuing to use our Platforms and/or services after the Policy has been amended, you hereby agree to be bound by the terms of such amended Policy.
You are encouraged to visit the above Website from time to time to ensure that you are well-informed of our latest policies in relation to Personal Data protection.
40. LANGUAGE OF THIS POLICY
In accordance with the requirements of Applicable Laws, this Policy is issued in both English and Bahasa Malaysia. In the event of any inconsistencies or discrepancies between the English version and the Bahasa Malaysia version, the English version shall prevail.
THE DIVINESHI MANUFACTURING SDN. BHD
All rights reserved