Terms of Service

Benova Tech Sdn. Bhd. is located at 11A, Persiaran Pantai Jerjak 6, 11900 Bayan Lepas, Penang. We provide the ability for users to easily build their own websites under the brand Benova that represents “Be Innovative” where we hope you will be able to reveal your innovation.

By signing up for Benova services, you acknowledge that you have read and understand, and agree to be bound by the terms and conditions set forth below and any future amendments thereto (“Terms of Service”). IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT PROCEED WITH SIGNING UP.

1. Eligibility

1.1.- Benova services are available only to individuals who can form legally binding contracts under the applicable law of the jurisdiction in which they reside.

1.2 – These Terms of Service are binding on you, the user, and such person, company or other business entity ( “principal” or “employer” ) you represent. If you are registering on behalf of your principal or employer, you represent and warrant that you have the authority to bind them to these Terms of Service. Unless the context requires otherwise, all references to “you” or “your” include references to your principal or employer.

2. Features and Services

2.1 – Benova features are listed on the Benova official website and are available according to the package you sign up for. For full details, please refer to our webpage at www.benova.com.my/pricing

2.2 – Benova will inform you by email of important information such as services outages, updates, modifications or new developments to Benova and any changes to these Terms of Services.

2.3 – Benova may within THIRTY (30) DAYS’ notice to you:

1. Modify or discontinue any any or all aspects of the Benova services or restrict your use of Benova in whole or in part for any reason at our convenience; or
2. Change our pricing or these Terms of Service.

If you find any change unacceptable, you may cancel your account ( please refer to Section 6 below on the cancellation of accounts). Your continued use of Benova after the coming into force of the change (expiry of the notice) constitutes your continued acceptance of Terms of Service as amended.

Benova maintains a strict no refund policy and does not provide refunds.

3. Customer Content and Intellectual Property Rights

3.1 -Benova does not claim any intellectual property rights over your information or material submitted to Benova Services and you retain ownership over and responsibility for your website’s content.

3.2 – However, you agree to grant Benova the non-exclusive right and license to use your website’s name, trademarks and content on our Benova’s website or in printed or online advertisements or other publications describing Benova Services.

3.3 – Also, you represent and warrant that you have all necessary rights to display (images, videos, animations & etc) and distribute your website’s content whether as author or having possession of the requisite distribution rights, licenses or permission to use from the relevant owner(s).

4. User Restrictions and Indemnity

4.1 – You shall not use Benova Services in any manner that, as determined by Benova in its reasonable discretion, whether actual or potential:

• Involves false, inaccurate or misleading advertisement, is fraudulent or involves the sale of counterfeit or stolen goods;
• Infringes or misappropriate any person’s copyright, patent, trademark, trade secret or other proprietary rights;
• Violates any law, statute, ordinance, regulation, governmental guideline or policy in your jurisdiction or in Malaysia;
• Displays content that is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person or otherwise infringes the requirements of the Content Code published by the Malaysiann Communications and Multimedia Commission. Without limiting the foregoing, this shall include content that:
• Is defamatory, trade libellous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
• Display material containing pornography of any kind or any that exploits children under age of eighteen (18) years; or
• Displays content advocating, promoting or otherwise encouraging violence against any governments, organizations, groups or individuals or cruelty towards animals or that provides instruction/information or assistance in carrying out the same;
• Accesses illegally or without authorisation any computers, servers, accounts or networks of Benova or any other Benova users, or attempts to hack into Benova’s security systems, having Benova host or distribute any internet viruses or other harmful code, pinging, flooding, mail bombing or denial-of-service attacks, or disrupting others from effectively using Benova Services.
• Involves the transmission of unsolicited commercial or bulk email (spamming) whether from or to Benova servers;
• Participates in any activities relating to pyramid or “Ponzi” schemes;
• Is harmful to Benova servers (including without limitation overloading the Benova Services’ servers or other technical infrastructure);
• Involves activities in the nature of gambling, sweepstakes, raffles or lotteries; or
• Otherwise creates liability for Benova or its affiliates or contractors or exposes them to undue risk or otherwise is harmful to the Benova operations, reputation, or goodwill.
• Where your intended use of Benova Services require any license, consent, authorisation, permission or approval from any government, governmental, supranational or trade agencies, courts or other regulatory body (“Licence(s)”), you agree not to operate such business via Benova without having first obtained the appropriate Licence(s).
• You agree that your use of Benova Services including information transmitted to or stored at Benova servers are governed by our privacy policy at benova.com.my/privacy
• You agree to indemnify and hold Benova, its suppliers, advertising and promotional partners, and service providers including their respective officers, directors, agents, and employees harmless from any and all losses, costs (including reasonable legal costs and expense), liabilities or other expenses incurred or arising from:
• Your breach of any provision of these Terms of Service (including without limitation, from any infringement or misappropriation of any person’s copyright, patent, trademark, trade secret or other proprietary right ); and
• Your use of Benova Services (including without limitation, from any of your Store’s content or any claims arising from the sale goods or services on your Website)

5. Privacy Policy

5.1 – Benova values your privacy. You agree with and accept all the terms and conditions of our privacy policy at www.benova.com.my/privacy

5.2 – For your information, Benova employs Secure Socket Layers (SSL) to protect all your personal information. Benova uses designated processors to handle all credit card payments and will only store your credit card information for your account’s payment purpose.

6. Cancellation of Your Account

6.1 – You may cancel your account at any time, in accordance with the instructions available.

6.2 – The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Benova Services.

6.3 – Upon cancellation, Benova may delete any data file associated with your use of the Benova Services. We accept no liability for such deleted information or content.

7. Site Management Modification and Termination of Service

7.1 – Benova may make changes to your Website to rectify the infringement content if you breach any of the provisions of these Terms of Service and:

• You fail to remedy it within the time period (14 days) set out in our email notification to you; or
• You fail to conform to the instructions in our notification to our absolute satisfaction.

7.2 – You agree that Benova shall not be liable for any damage, foreseeable or unforeseeable, direct or indirect, that may result from the changes made to your Store under this section 7.1.

7.3 – Benova reserves the right to discontinue your use of any or all aspects of Benova Services without prior notice if we have determined in our reasonable discretion that:

• You have breached any provision in our Terms of Service (including without limitation, if we receive information that your use of Benova Services is in violation of any third party’s intellectual property or other proprietary rights); or
• It is necessary for security reasons or for the proper continuance of the operations of Benova Services;
• You are using Benova Services for a non-legitimate business purpose.
• If at any time Benova Services is unable to charge your credit card (e.g. your credit card information provided has expired) or if you otherwise fail to make any payment due to us, and fail to remedy the same within FOURTEEN (14) DAYS’ from our notice, we may discontinue your use of any or all aspects of Benova Services.

8. Disclaimer of Warranties

8.1 – Benova provides domain name registration and renewal services only as a value added service to an active Benova user.  It is your responsibility to ensure that your domain(s) are renewed on time. Benova does not guarantee successful renewal of domain(s) once the domain goes into the domain redemption period.

8.2- You acknowledge and agree that this is a reasonable and an essential element of these Terms of Service and that in its absence, the economic terms of these Terms of Service would be substantially different.

9. Limitation of Liability

To the widest extent permitted by law, Benova (including its directors, officers, employees and agents) shall not be liable for any loss of profit or any direct, indirect, special, incidental, consequential or other damages arising out of of or in connection with your use of Benova Services (however arising, whether as a result of your contractual relationship with Benova or negligence).

10. Notice

Any notices in connection with Benova Services or these Terms of Service will be sent to your email provided to us during registration. The notice will be deemed to have been received on the day it is sent out from our electronic mail server

11. Assignment

You may not assign, transfer or delegate your account or any rights or obligations under these Terms of Service.

12. Governing Law

• These Terms of Service shall be governed by and construed according to the laws of Malaysia. In order to use our services, there are certain obligations and conditions you need to meet.
• Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.
• Benova will provide you with a 30 days notice if there are any amendments in the terms. If users continue to using Benova after the 30 days notice, it is deemed that the user accepted the changes in the terms.
• Benova has the non-exclusive right to use user’s website’s name, trademark for advertisement purpose.
• You must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable Benova or your end users to do with it) is legal.
• You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.
• You must comply with all applicable laws. Benova has the right to make changes or terminate your website if users breach any of the terms.