Privacy Policy 

(Last updated: December 22, 2021)

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Application means the software program provided by the Company downloaded by You on any electronic device, named CKS Mobile App
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Chua Kah Seng Supermarket Sdn Bhd, Grand Plaza Millennium, Jalan Penampang Bypass, 88300 Penampang.
  • Country refers to: Malaysia
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Service refers to the Application.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • First name and last name
  • Document ID
  • Email address
  • Phone number
  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.

To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

To manage Your requests: To attend and manage Your requests to Us.

For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing 

and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, we take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing your information requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

  • By email: customercare@cksgroup.my
  • By Whatsapp: 6011 6133 9493

MEMBERSHIP & E-STORE TERM & CONDITION


1) MEMBERSHIP

(Last updated: 22nd December, 2021)

Application and use of CKS Membership Card is subjected to the following Terms and Conditions:- 

1) All qualified individuals 18 years & above who reside in Malaysia are entitled to apply for the CKS Membership Card. Each applicant is only entitled to apply for ONE (1) membership card and will be assigned only ONE (1) CKS Membership Card. 

2) The CKS Membership Card shall be valid for a period of twenty four (24) months from the date of issuance and shall end on the last day of the twenty fourth (24th) month. 

3) The membership fee for CKS Membership Card shall be RM 10.00 and the membership fee shall be paid by the applicant prior to the approval and issuance of the CKS Membership Card by CKS. The membership fees may vary from time to time at CKS’s sole and absolute discretion without prior notice.  

4) Upon the expiry of the membership for CKS Membership Card, the CKS Membership cardholder may renew his/her CKS Membership Card for a period of TWO (2) years at a renewal fee of RM 10.00.  The renewal fees shall be paid by the CKS Membership cardholder prior to the approval for the renewal. The renewal membership fees may vary from time to time at CKS’s sole and absolute discretion without prior notice.  

5) The CKS Membership Cardholder is entitled to: 

(a) exclusive CKS member’s price on certain merchandise determined by CKS from  time to time; and 

(b) loyalty points collection every time CKS Membership cardholder spend or make purchase at any CKS outlets. 

6) Every One Ringgit spent at CKS outlets will be rewarded with one (1) loyalty point. It is expressly provided that the loyalty points will be rewarded on the actual and nett amount payable in the total bill after deducting all the cash voucher, gift voucher, discount voucher, instant rebate or any other form of promotional offers. During seasonal or event promotion, CKS reserves the rights not to reward loyalty points or the loyalty points may vary from time to time depending on the event/promotional reward rate. 

7) Loyalty Points expiry date: Two (2) year from the year the loyalty points have been accumulated. (Example: Loyalty Points rewarded for purchases made in 1 January 2021 will expire on 1 January 2023). Upon expiry, the loyalty points in the account will be forfeited.

8) The membership of the CKS Membership Cardholder will be canceled if CKS Membership Cardholder do not pay the renewal fee for his/her CKS Membership Card for twelve months (12) from his/her CKS Membership Card expiry date. Upon the cancellation, the loyalty points in the account will be forfeited. CKS Membership Cardholder will need to reapply for new membership should they wish to rejoin the CKS Membership Card. 

9) Only CKS Membership Cardholder with valid existing membership are eligible for membership discount in any CKS Outlet.

10) The following items are not entitled to loyalty point collection:- 

i) Gift/ Cash/ Discount Vouchers; 

ii)    CKS Membership Fee/ Renewal Fee; 

iii) Malaysia Goods and Services Tax (GST);

iv) Malaysia Sales and Service Tax (SST); 

  v) Events Promotion; 

  vi) Any other items as prescribed by CKS at its sole discretion from time to time.

11) The loyalty Points awarded and credited to the CKS Membership Card are non-transferable, assignable and/or for sale to any other persons. The loyalty points have no cash or monetary value. 

12) CKS Membership Cardholder must present their CKS Membership Card to cashier before every transaction. Failure to do so will result no loyalty points will be awarded for the amount spent. 

13) Only CKS Membership Cardholder with valid existing membership and sufficient loyalty points are eligible to redeem any rewards i.e., vouchers or merchant products from CKS. CKS Membership Cardholder are required to present their CKS Membership Card/ NRIC / or other supported documents as required for verification purposes.

14) All redemption are while stocks last. CKS Membership Cardholder who has redeemed his/her loyalty points for any rewards, i.e., vouchers or merchant products, is not eligible for refund or cancellation from CKS.

15) CKS reserves the right to forfeit any CKS Membership Cardholder loyalty points in the event that the accumulated loyalty points are suspected of being fraudulently recorded, recorded in error or related to a transaction which has been cancelled or where a refund has been given without prior notice. Any decision by CKS shall be final and shall not be subject to any challenge.

16) CKS Membership Cardholder shall immediately report any theft or loss or damages of their CKS Membership Card to CKS customer service at any CKS outlet to prevent any unauthorised use of the CKS Membership Card. CKS Membership Cardholder may request for a replacement card at any CKS Outlet. Fee of RM 5.00 will be charged for Lost Card.

17) CKS Membership Cardholder shall be deemed to have subscribed to CKS marketing mailing list upon their registration for the CKS Membership Card and CKS will send or deliver the marketing information via push notification, SMS, Whatsapp and/or electronic mail. 

18) For non-compliance with proper usage of the CKS Membership Card, CKS reserves the right to reject the CKS Membership Cardholder and terminate his/her CKS Membership Card any any time without giving prior notices. 

19) The process of applying CKS Membership Card may involve the collection of the data and information (“Personal Data”) about the applicant in the purpose of membership registering and CKS services monitoring and improving. 

20) The failure to provide such Personal Data or if such Personal Data provided is not satisfactory to CKS, will result in the failure of the membership application.

21) CKS treats and view every member’s personal data seriously. Personal Data provided will generally be kept confidential and processed in accordance with the Data Protection Act.

22) For detailed privacy policy, please refer to the privacy policy attached herein or at our Mobile App.

23) Any dispute relating to the application or use of CKS Membership Card shall be solely determined by CKS and all decision shall be final.

24) CKS shall not be liable for any loss of accumulated loyalty points or loss or damage suffered as a result of any defect or error in any machines or inability to retrieve any information or data from CKS computer system.

25) CKS shall not be liable howsoever for any errors, delays, loss or damage, which may be directly or indirectly due to breakdown, failure of machinery or the processor; or industry dispute, war, act of God, system failure and anything outside the control of CKS. 

26) CKS shall not be liable for any loss or damage suffered by  CKS Membership Cardholder due to the following reasons: 

(i)Any statement, communication or implication arising from any revocation, suspension or restriction of the use of CKS Membership Card; and 

(ii)Any failure or omission to notify the CKS Membership Cardholder of any changes in the terms and conditions, redemption guide, participating companies, qualifying purchase and the loyalty points awarded for the qualifying purchase. 

27)CKS reserves the right to restrict, suspend, or change the features and benefits of the CKS Membership Card, including the terms and conditions from time to time without prior notice or assigning any reasons.

2) E-STORE

This CKS Supermarket App (“Platform”) is owned and operated by Chua Kah Seng Supermarket Sdn Bhd with Company Registration No. 199301015847 (270587-H) (“the Company”).

This Platform provides consumers a convenient way to purchase grocery, fresh produce, household products and other hardline products (“the Products”). The Terms of this Agreement will apply to guests as well as account holders. By using the platform, you acknowledge that you have read and understood the terms and conditions of this agreement and will comply to all of the provisions. The Company reserves the absolute right to change the terms and conditions of this Agreement at any time and your continuous use of the platform denotes that you accept any revised terms and conditions therein.


1. GENERAL

1.1. You agree that the Company reserves the right to amend these terms and conditions at any time, at the Company’s sole discretion, by posting any such amendment(s) to the Company’s platform without prior and separate notice.

1.2. Your continuous use of the Platform or any part of it after amendment to these terms and conditions will be deemed as you have full knowledge and deemed as acceptance of the revised terms and conditions. If you do not agree to any such amendment(s), your sole recourse shall be to cease using the site.

1.3. The Terms of this Agreement shall be governed and construed in accordance with the laws of Malaysia.


2. REGISTRATION AND ACCOUNT SECURITY

2.1. To register an account, you must be over eighteen (18) years of age.

2.2. You are required to register before placing any order through the Platform. During the registration:

· You must provide the Company with accurate, complete and up to date information;

· You must safeguard your username and password;

· You shall authorize us the Company to assume that any person using the Platform with your username and password is either you or is authorized to act for you.

2.3. The Company has the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.

2.4. You must register your personal details or business information and keep the Company informed of any changes via the Platform.

2.5. You shall be liable for every order made under your account and shall agree to indemnify the Company for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders through this Platform using your account.

2.6. Should you find any unauthorized use of your account, you shall notify the Company immediately.


3. PRICE AND PRODUCT

3.1 The Company shall make every effort to ensure that prices, details and sizes of the Products on the Platform are up to date. Prices are subject to changes without prior notice and all orders are subject to Company's acceptance at its sole discretion and stock availability.

3.2 The Company shall make every effort to ensure the Products displayed on the Platform are in stock. If from time-to-time the Products become out of stock, the Company reserves the right to offer alternative product(s) to you of similar value and range.

3.3 Prices charged for the Products on this platform may be different from those charged in the physical stores of the Company.

3.4 The prices of the Products shall be based on the daily pricing of the Products that you place order on the Platform.

3.5 When your orders are calculated by weight, the Company reserves the right to supply the Products closest to the weight you placed an order for. Your price will be based on the exact weight supplied to you.

3.6 All orders are subject to confirmation of final availability and the Company reserves the right to reject the order in the event that any of the Products or delivery services requested are unavailable. In the event that the Company is unable to provide any of the Products or delivery services to you, the Company will notify you by phone or email.

3.7 All pictures and images of the Products displayed on the Platform are for illustration purposes only in order to help you identify the Products. The actual size, dimension and colour of the Products may differ.


4. ONLINE ORDER

4.1. Once you have selected a Product that you wish to order via the Platform you will then be shown the charges you must pay including taxes, if applicable, and any applicable delivery charges.

4.2. You shall pay for the order in full at the time of ordering via the Platform.

4.3. The Company shall not be obliged to supply to you the Products that you have placed order for on the Platform until the Company has accepted your full payment for the order.

4.4. The Company shall only process your order and or deliver the Products to you upon receiving the full payment of your order.

4.5. The Company shall have the right to cancel your order if the Company has found any dispute or potential fraud by you.


5. AVAILABILITY 

5.1. The availability of the Products presented on the Platform depends on the number of stocks in physical stores of the Company and the Company does not guarantee the availability of the Products.

5.2. You shall always be notified in advance if the Products that you placed order for cannot be provided and delivered by reason that it has exceeded the maximum limit for the purchase.

5.3. You shall not be obliged to pay for the substituted Products that are not accepted by you. If you have provided any of your credit card / debit card details on the Platform for online payment, the total amount of the substituted Products that are not accepted by you shall not be charged to your credit card / debit card. However, if you have failed to reject the substituted products before your delivery time slot, then the delivery charges incurred shall be borne by you.

5.4. In the event that the Company is unable to provide the Products ordered by you due to the reason that the Products have expired, damaged or etc, the Company shall only refund the monies paid for the Products and not the delivery charges incurred.


6. CANCELLATION

6.1. The Company may cancel your order if the Products are not available for any reason whatsoever. The Company will notify you and refund any payment that you have made. The Company will send the refund voucher to your registered email immediately and you may use the refund voucher on the next order on the Platform.

6.2. You shall not be allowed to cancel your order once a confirmation notice is issued by the Platform. RM10.00 administration fee will be charged if you chose to cancel the order.


7. RETURN / REFUND

7.1. You shall examine the Products immediately upon collection / delivery for any deficiencies and/or damages. Any complaints must be lodged the the Company’s customer service hotline at +6011 6133 9493 at the time of collection / delivery. Otherwise, the Company shall have the discretion to refuse to respond to your complaints.

7.2. For products collected from the Company’s physical store which are found to be defective and/or damaged and or inconsistent with what you have ordered via the Platform after collection, you may return the defective products to the store where you collected the products within 3 days. You must present a valid receipt of the purchase for the exchange of the products, subject to the availability of the Products. If the Products are not available, the Company shall process the refund within 7 days.

7.3. For delivery, you may return any faulty or damaged Products, and or any Products which are inconsistent with what you have ordered via the Platform to the driver at the time of delivery, and the Company shall exchange the faulty or damaged products, subject to the availability of the Products. If the Products are not available, then the Company shall process your refund within 7 days.

If you discover any defect and or damage and/or the products are inconsistent with what you have ordered via the Platform after the delivery, you may return the products to the physical store of the Company that you have the placed order from on the Platform within 3 days, provided you shall provide with us with a valid receipt for the exchange of the Products. If the Products are not available, then the Company shall process your refund within 7 days.

7.4. For clarification, The Company shall only refund to you the amount that you have paid for the Products on the Platform and not the delivery charges.

7.5. For CKS Supermarket Rewards Card member, the member points for any refunded products shall be r from your CKS Supermarket Rewards Card member account.


8. PAYMENT TERMS

8.1. Once you have completed the order on the Platform, please proceed to make payment via payment gateway on the Platform.

8.2. Upon confirmation of the receipt of your payment, the Company’s fulfillment team will start to pack the Products that you have ordered.

8.3. The Company does not accept cash on delivery (COD) for your order on the Platform. All payments shall be made by way through online methods.

8.4. For delivery, the Products will be delivered to your address which has been registered on the Platform. For self-collection, your Products will be ready for collection at the selected physical store of the Company 3 hours after the confirmation of receipt of payment by the Company.


9. SELF COLLECTION AT CKS SUPERMARKET OUTLET

9.1. You can collect your products that you have ordered on the Platform at the selected date, time slot, and the physical store of the Company.

9.2. The place of collection is based on which physical store of the Company that you have selected on the Platform.

9.3. If you are not personally available to collect the Products at the physical store of the Company that you have selected on the Platform, an authorized representative may collect on your behalf provided you had called the Company’s customer service at +011 6133 9493 to update the representative information and the representative must be over 18 years of age. Your representative may be required to produce proof of identity at the time of collection.

9.4. The Company will not entertain any request for change of store for collection after confirmation notice is issued by the Platform.

9.5. The Company reserves the right to withhold the products if the Company has any doubts whatsoever as to you and/or your authorised representative identification.

9.6. No delivery charges shall apply for self-collection. However, the Company reserves the right to charge the minimum administration charges / delivery charges for any other special re-delivery arrangement.


10. DELIVERY

10.1. The Company shall deliver the products to the address which you have registered on the Platform.

10.2. The Company shall deliver the products according to the time slot selected and confirmed by you on the Platform.

10.3. Delivery services are only available to residential areas within specific distance stated in eStore from the selected physical store of the Company.

10.4. Whilst the Company shall make every effort to deliver all your Products in the agreed time, the Company shall not be liable if it fails to do so due to circumstances beyond the Company’s control.

10.5.  Your order will be delivered to you via the Company’s delivery team or delivery company or personnel appointed by the Company based on your selected date and time slot on the Platform.

10.6. The Company’s delivery team will only deliver your order to the main entrance of the address which has been registered on the Platform.

10.7. If there is nobody to receive the Products at the agreed time and place selected by you, the Company will leave notification of attempted delivery and you will need to contact customer services of the Company at +011 6133 9493 to request for re-delivery or self-collection at the outlet of the Company. Please take note that the first delivery fee that you have paid via the Platform is not refundable.

10.8. If you request for re-delivery, the Company is entitled to charge an additional re-delivery fee for providing such service.

10.9. You are required to contact the Company’s customer service hotline/online chat +011 6133 9493 for the following circumstances:

· If there are any changes to the delivery address/contact details

· change of the delivery time

· request for the specific delivery period

10.10 No amendment to an order shall be entertained once confirmation notice has

been issued by the Platform. Upon the confirmation

10.11 You may not add on any more products once the Company has issued a confirmation notice of order. In such an instance, you shall create a new order for the additional products through the Platform.