Thank you for using the Kenlah App by Kenlah Digital PLT. These are the terms and conditions which outline the rules and regulations when using our website and applications. Please read these documents before using our products and/or services.
By downloading, accessing and/or using our website and/or application, you are required and expected to comply with all of our terms and conditions. By accessing any of our services, it is assumed that you have agreed upon our terms and conditions. Do not use and/or access our website or app if you do not wish or agree to comply with the outlined terms and conditions here.
These terms are between You and Kenlah Digital PLT.
Definitions and Interpretations
This section outlines the terminologies and common words used in this document and its interpretations. By agreeing to the terms
Kenlah Digital PLT - Also referred only as “Kenlah” is the owner of the Kenlah app and Kenlah.com and the sole service provider to its users.
Kenlah App - is the short form for Kenlah application and refers to any and/or all mobile applications available to download on Google Play Store and Apple Store. Any Kenlah app available in other application distribution platforms that is not stated in this document, may not be distributed by Kenlah Essence Business, thus Kenlah Digital PLT is not responsible for any possible liability that happened on those platforms.
Kenlah website - sometimes referred as Kenlah.com, Kenlah web and/or kenlah.com is a website by Kenlah Digital PLT and can be accessed from personal computers and/or mobile phones.
Kenlah Bazaar - refers to applications such as website and smartphone applications by Kenlah Digital PLT serve as an e-commerce platform.
You - “You”, “Your” refers to the people and users who accessed the Kenlah application and/or website.
They - Depending on the context, “They” refers to third parties that may not be related to the vendors, buyers and/or Kenlah Essence Business.
We - “We” refers to Kenlah Essence Business. We would also use “us”, “our”, “
Third-party - Third party refers to organisations, stakeholders, members that are not related to Kenlah Essence Business but may be integrated to the Kenlah Essence Business’s operation.
Boss, Vendors, Sellers, Merchants - Boss, Vendors, Sellers are terms used to describe people who use the Kenlah services to provide services through the app, gain financial transactions through Kenlah’s service and may gain profit.
Buyers, Users - Buyers, Users are terms used for people that use Kenlah’s website/app to buy and/or subscribe to any service provided by Boss, Vendors, Sellers.
Users - Anyone who uses Kenlah services, apps and/or websites. This includes Boss, Vendors, Sellers, Buyers and Users.
Selling - selling refers to any activities done within Kenlah’s property to gain profit. This includes being a boss, listing services and/or products on our website/apps, any activities that include transactions while using Kenlah’s website and/or mobile application.
Account - means an account opened for buying and/or selling with Kenlah, using the Kenlah’s website/app where we record your credit, charges, and personal details.
Agreement – refers to the completed registration Form made for Kenlah’s websites/apps between the users and Kenlah including any Addendum, subsequent supplements made by Kenlah at its absolute discretion from time to time.
Approved Use - means the legal, official, warranted, approved and/or sanctioned use of your personal information.
Barred – refers to the status of Users’ Account. If they are Boss, Vendors, Sellers, they can access their account and/or make payment, but are unable to accept jobs and/or receive any new payment. If they are Buyers and/or Users,
Blocked - means the status of Users’ Account, where they are unable to access data Service, make/receive outgoing/incoming jobs/messages and send/receive SMSes except for automated SMS from Kenlah.
Content - means information, data, communications, images and sounds, software or any other material contained on or available through the Kenlah’s website and/or mobile application.
Charges – Any amount due and payable to Kenlah.
Device, Devices – refers to any devices used by the users to access the Kenlah website and/or app.
Terms and Conditions – refers to these terms and conditions.
GENERAL
1. The Services are made available to the user(s) by Kenlah subject to these general terms and conditions and the specific terms and conditions of each Service. Upon access, users are deemed to have read, unconditionally accepted, and be bound by these terms and conditions as may be amended from time to time without prior consent of the users.
2. Kenlah reserves the right to change, vary, amend and/or add portions of the terms and conditions from time to time with or without notice to the User and User shall be bound by such changes, variations, amendments and/or additions. Please visit Kenlah’s web page at www.kenlah.com.my periodically to determine any changes, variations, amendments and/or additions made to these terms and conditions.
Where the Terms and Conditions are translated into a language other than the English Language, in the event of any inconsistencies, conflicts or discrepancies between the terms and conditions set out in the English Language version and that of the other language(s), the English Language version shall prevail.
Services provided by us
Kenlah Service Options
We provide several Kenlah Service Options. Certain Kenlah Services are provided free of charge, while other options require you to pay fees and/or charges requested by our vendors and Kenlah Digital PLT’s service fee before our vendors can provide their services. Vendors can register their business in the Kenlah App for free. Certain business operations would also be free like listing vendors’ jobs and services. Each transaction made through our services requires you to pay a certain amount of service fees that has been decided by Kenlah Digital PLT. Service fee covers the transaction fee and commission for Kenlah Digital PLT. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
Third-Party applications
The Kenlah Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Kenlah does not guarantee that Third-Party Applications and Devices will be compatible with the Kenlah Service.
Users are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Website and/or app. Kenlah will not be a party to nor in any way be responsible for any transaction concerning third party goods and services.
Service limitations and modifications
We use reasonable efforts to keep the Kenlah Service operational and to provide you with a personalised experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:
Users agree and acknowledge that the quality and availability of Web and or Application Service may vary from place to place, and from time to time. Kenlah does not represent and/or guarantee and/or warrant in any way that the Service will be free from any fault, error, or interruption. The Service is not fault free and may be affected by factors outside Kenlah’s control, including but not limited to physical obstructions, geographic and atmospheric conditions, radio interference, governmental or regulatory authority and faults on other telecommunications systems connected to Kenlah’s network. In spite of such events, Users agree to pay all fees and charges which are outstanding and/or due and payable to Kenlah under the Agreement.
If you have prepaid fees directly to Kenlah for a Paid Subscription that Kenlah permanently discontinued prior to the end of your Pre-Paid Period (as that term is defined in the Payments and cancellations section below), Kenlah will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
Kenlah has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
Users may only provide or use Content in a way that does not infringe the intellectual property rights (IP Rights) of others (Approved Use) and Users must comply with all other instructions issued by Kenlah regarding use of Content. Users shall not store, modify, transmit, distribute, broadcast, or publish any part of the Content other than for an Approved Use. The reselling, copying or incorporation into any other work of part or all the Content in any form is prohibited. Users may only print or download extracts of Content for personal use.
USERS’ RESPONSIBILITIES AND OBLIGATIONS
1. In the use of the Service, Users agree: -
a. To be responsible for the use of the Services and to accept full risks in doing so;
b. That Kenlah shall not be liable to the User or any third party authorised or claiming on behalf of the User for any loss, damage, consequential or loss of business, expenses incurred, loss of revenue or profits suffered by the User and or injury caused or suffered by a person and or damage to property whether direct or indirect arising from or due to any act of omission, error, default, or delay by Kenlah in relation to the services provided.
c. To fully indemnify and keep Kenlah indemnified at all times against all claims, losses, liabilities, demands, costs and expenses including legal fees which may result or which Kenlah may sustain in connection with or arising from the provision of the services to the User;
d. That any renewal or extension by the User shall be made in the form as stated by Kenlah and all such renewal requests shall be sent to the address provided in the Form and/or by fax to the number provided by Kenlah and shall be deemed an original document taken together to constitute the Terms and Conditions. The User agrees to be bound by its facsimile signature and such facsimile received and acknowledged by Kenlah shall be deemed accepted, binding on the User from the date of receipt and shall form part of the Agreement;
e. To be fully responsible for any voice or message or data transmitted by the User or persons using the User’s Device(s);
f. To comply with all applicable laws of Malaysia relating to the service, including without limitation to the Communication and Multimedia Act 1998, other acts, statutes, by laws, rules and regulations issued by relevant government and regulatory agencies which may be amended from time to time;
g. To take all reasonable steps to prevent fraudulent, improper, or illegal use of the service. The User agrees to report immediately to Kenlah upon the discovery of any fraud, theft, loss or unauthorised usage or any occurrence of unlawful acts in relation to the Device and Services and agrees to lodge a police report whenever instructed by Kenlah and to give Kenlah a certified copy of such report. Kenlah may extract any message details or personal information of the User or any data provided by the User in the event such information is necessary in the event of a suspected and/or proven misuse of the Service;
h. For any excessive usage, or on suspicion of fraud, any illegal practice or unusual activity in respect of the User’s account with Kenlah, Kenlah at its sole and absolute discretion reserves the right at any time without being liable to the User or any third party to discontinue, disconnect, interrupt, bar or suspend the service for period of time as Kenlah shall deem fit.
i. To comply with all instructions, notices or directions issued by Kenlah;
j. Where data services are provided under the Plan, to be bound by the Terms and Conditions and the Fair Usage Policy available on the website at www.Kenlah.com.my and may be modified from time to time by Kenlah.
k. Kenlah may send the Users notifications relating to promotional and marketing activities from time to time. The only exception is when Kenlah receives a written notification from the User requesting otherwise.
2. Users agree not to use or allow any part of the Website and/or Apps to be used: -
a. To advertise, transmit, store, post, display or otherwise make available materials which may be defamatory, offensive, indecent or illegal or improper or otherwise violate any applicable laws;
b. To advertise, transmit, post, facilitate or solicit any Content, product or service that contains harmful, damaging or destructive programmes;
c. To disrupt or undermine the security of various networks and systems that are connected to the Service directly or otherwise;
d. To violate any party’s rights or affect other users’ enjoyment of access to any Services or
cause annoyance, harassment, irritation, inconvenience or anxiety to anyone;
e. To infringe an individual’s privacy or personal rights;
f. To engage in any activity that Kenlah determine to be harmful including but not limited to our customers, operations, reputation, goodwill or customer relations;
g. To be resold or otherwise be provided to third parties;
h. To be used for any activity which would generate Network traffic in excess of reasonable usage or cause congestion; and
i. To cause any disruption, interference, interruption or degradation in the Network or Services.
FAIR USAGE POLICY
1. By accepting Kenlah Terms and Conditions for Service, Users agree to be bound by this Policy.
2. Kenlah Fair Usage Policy is intended to ensure that Users do not use Kenlah Services in an excessive, unreasonable, or fraudulent manner. Such usage may impact the quality or reliability of Kenlah Services.
3. These policies apply when Users use any of special offers, fees charged or pay transaction lower than Kenlah standard rates for, or unlimited access to, such discounts or vouchers.
4. Users are prohibited from using the Services which can compromise the security or tamper with Kenlah system resources or accounts on Kenlah systems, or at any other site accessible via Kenlah systems.
5. Kenlah network is a shared resource, and Users agree to use the Services, in a considerate manner, which must not unfairly exploit the usage, affect the experience of other Users, or cause us loss – for example, but not limited to, the Services for reselling purposes, unreasonable bandwidth consumption, or accessing services which are prohibited under the Terms and Conditions for service or using unauthorised device.
6. Users will be responsible for the security of devices that are directly or indirectly connected to the Kenlah network.
7. If Users are found to be in violation of this policy, we may, at Kenlah option and discretion manage User’s bandwidth, suspend, or terminate the Services (with or without notice as Kenlah may consider appropriate)
8. To report any illegal or unacceptable use of the services, please send an email to support@kenlah.com.
9. This Policy is supplemental and shall be read together as an integral part of terms and conditions of governing the Services and its relevant addendum. If there is any inconsistency between the Policy and the terms and conditions of the Services, the terms and conditions governing the Services posted on the website at www.kenlah.com.my will prevail.
PERSONAL DATA USAGE
1. By providing personal information obtaining the Services, User is aware and acknowledges that you have given Kenlah consent to collect, record, hold, store, use and disclose your personal information for purposes which are necessary or related to the provision of Services by Kenlah according to Kenlah privacy policy which is available at www.Kenlah.com.my.
2. The User confirms, agrees, and accepts that Users are aware and give consent to Kenlah to process personal data as defined under the Personal Data Protection Act 2010 and further consent that their personal data will be used and/or disclosed in accordance with the Personal Data Protection Act 2010. By registering and/or continuing to use the Service, the User authorises and is deemed to have accepted and/or consented to and/or to be bound by such revisions and/or modification of Kenlah terms and conditions.
3. The User accepts that Kenlah may be required to/may revise, amend and/or modify the Privacy Notice from time to time. In such an event, such revision, amendment and/or modification will be communicated on Kenlah website. By continuing to use the Service after such revision, amendment and/or modification, the User accepts, agrees and consents to be bound by such revision, amendment and/or modification.
MOBILE APP USAGE
1. Kenlah does not guarantee or warrant the availability of the app usage and the User acknowledges and agrees that the data usage is provided on an "as is" basis.
2. Software and applications which are used by Users to send and/or receive, for uploading and/or downloading of files can contain very large amounts of data. These software and applications demand a significantly huge amount of bandwidth which will negatively impact the speed and cause network congestion. As a result, a vast majority of Users will be affected from degradation of the quality of Service, and as such is deemed as excessive usage. Excessive usage can also be caused by spamming, virus activities, spy wares and/or other malwares which may reside in Users’ Devices. These activities may be known or unknown to Users and normally operate in the background of the Devices’ operations. Therefore, Users must take all precautions and rightful actions to ensure that the above activities are controlled and minimised at all times. Kenlah reserves the right to implement and enforce this Mobile Data Usage Policy at its sole discretion upon an occurrence of such activities.
4. The data volume calculation shall take into consideration ALL activities carried out by Users including those knowing or unknowingly done under the Service.
5. Kenlah will not throttle the User’s data irrespective of User’s type of account, Buyer and/or Boss.
6. Users will not be able to use the data service if their account is in Barred and/or Blocked status. Users may only continue to use the Internet Service once they perform a reload by the end of the Blocked period.
7. Where data services are provided under the Plan, the User agrees to be bound by Specific Prepaid & Black Terms and Conditions, the Fair Usage Policy and any applicable laws.
8. Users will not be able to use the data service if their account is Barred and Blocked. Users may only continue to use the data service once they have paid their bills/perform top up by the end of the Blocked period.
9. The data usage, at all times, is for personal use only and not applicable to commercial usages as well as other non-legitimate purposes to be determined by Kenlah.
10. The data usage, at all times, is not for reselling/rental purposes for profit or huge and continuous information transfer that affects the other Kenlah’s User. For any excessive usage, or on suspicion of fraud, any illegal practice or unusual activity in respect of the User’s account with Kenlah, Kenlah at its sole and absolute discretion reserves the right at any time without being liable to the User or any third party to discontinue, disconnect, interrupt, bar or suspend the service for such period as Kenlah shall deem fit.
POLICIES
User’s use of the Service shall be subject to the terms and conditions of Kenlah Fair Usage Policy, Voice Call Usage Policy, Mobile Data Usage Policy, Personal Data Usage Policy, and other policies which may be added from time to time (collectively, referred to as “Policy”). Kenlah reserves the right to manage the allocated bandwidth including but not limited to reducing User’s platform speed, suspend or terminate their bandwidth to the internet service in accordance with Kenlah Policy.
ACCOUNT DELETION POLICY
1. Introduction
At Kenlah.com, we are committed to providing our users with the best possible experience while respecting their privacy and data security. This Account Deletion Policy outlines the procedures and guidelines for users who wish to delete their accounts on our platform. Please read this policy carefully to understand the steps and implications of deleting your Kenlah.com account.
Account Deletion Request
Users who wish to delete their Kenlah.com accounts must follow these steps:
2.1. Login: Sign in to your Kenlah.com account using your registered email address and password or the method of login you used.
2.2. Account Settings: Navigate to your account settings, which can usually be found in the user menu on the left corner.
2.3. Deletion Request: Locate the "Delete Account" or similar option within your account settings.
2.4. Confirmation: You may be asked to confirm your decision to delete your account. Follow the on-screen instructions and provide any required information to verify your identity.
3. Verification Process
To protect the security of your account, we may request additional verification steps before processing the account deletion request. This may include providing a verification code sent to your registered email address or other identity verification methods.
4. Data Retention
4.1. **Backup Data: Please note that certain data, such as backups, logs, or records, may be retained for a limited period after account deletion. These are retained solely for operational purposes and will not be used to identify or contact you.
4.2. Anonymous Data: We may retain aggregated and anonymized data for analytical and reporting purposes even after account deletion. This data will not be linked to your personally identifiable information.
5. Account Deletion Timeline
Upon receiving your account deletion request and verifying your identity, we will initiate the account deletion process. The exact timeline for account deletion may vary depending on technical and operational constraints. Generally, we aim to complete the process within 3 days.
6. Consequences of Account Deletion
6.1. Data Loss: Deleting your Kenlah.com account will result in the permanent loss of all data associated with your account, including profile information, posts, messages, and any other content you have contributed to the platform.
6.2. Loss of Access: You will lose access to all services and features provided by Kenlah once your account is deleted.
7. Contact
If you have any questions or need assistance with the account deletion process, please contact our support team at [support@kenlah.com].
8. Changes to the Policy
Kenlah.com reserves the right to update or modify this Account Deletion Policy at any time. Any changes will be communicated to users through our website, social media accounts or via email.
By requesting the deletion of your Kenlah.com account, you acknowledge that you have read and understood this Account Deletion Policy and agree to its terms and conditions.
PERSONAL DATA LOSS POLICY
Kenlah shall not be held responsible for any loss, damage, or unauthorised access to personal data, regardless of the cause or reason, arising from the use of our services or any associated systems, software, or hardware. By using our services, you acknowledge and accept the following terms:
User Responsibility:
a. It is the user's responsibility to ensure the accuracy, completeness, and security of their personal data provided to the Company.
b. Users must maintain the confidentiality of their account credentials and take appropriate measures to prevent unauthorised access.
Technical Limitations:
a. The Company implements reasonable security measures to protect personal data. However, due to the nature of electronic communications and the internet, the Company cannot guarantee absolute security.
b. Users understand and acknowledge that there are inherent risks associated with the transmission, storage, and processing of personal data over the internet.
Third-Party Services:
a. The Company may utilise third-party services, systems, or software to provide its services. These third parties may have their own privacy and security policies.
b. The Company shall not be liable for any loss, damage, or unauthorised access to personal data resulting from the use of such third-party services, systems, or software.
User Consent:
By using our services, you expressly consent to the collection, storage, processing, and transfer of your personal data as described in our Privacy Policy.
Indemnification:
Users agree to indemnify, defend, and hold the Company harmless from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to any personal data loss, including but not limited to any claims brought by third parties.
Limitation of Liability:
To the fullest extent permitted by law, the Company disclaims all liability for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with personal data loss, regardless of the cause or reason.
Governing Law:
These terms and conditions shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
Severability:
If any provision of this clause or the Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
MARKETING POLICY
1. General Marketing and/or Promotional Materials
1.1. Introduction
The terms & conditions found on Kenlah.com still apply to all commercial and/or marketing posts made by Kenlah in all and/or any official platform
1.2. Revenue that can be generated at Kenlah platforms.
1.2.1 The amount of revenue that can be generated from Kenlah platform stated on commercial and/or marketing materials are strictly average assumptions acquired from testing, observations, studies and other related methods. No guarantees provided.
1.2.2 Actual amounts of revenue are affected by types of service, market demand, marketability of a seller/freelancer, current condition of the freelance market, nation’s economy and currency and many other variables. No guarantees provided.
1.2.3 The term of "no cost" or anything similar that appears in any Kenlah promotional materials are strictly refer to the no cost that is paid to Kenlah to begin or operating a business operation in Kenlah's platform. Any cost that is not paid to Kenlah such as taxes, raw materials, tools, etc, are not covered by the "no cost" term or anything similar to the term.
1.2.4 In the event where there is any conflict(s), discrepancy(ies), inconsistency(ies), and/or ambiguity(ies) between English and Bahasa Malaysia versions of these Disclaimers, the English version of these Disclaimers shall prevail.
1.3. User data that can be used for marketing purposes.
1.3.1 By using any of Kenlah services and/or platforms, users agree that their publicly available information that appears in any Kenlah platform and/or provided to Kenlah can be used for marketing purposes. This include portfolios, account appearance, user reviews, pictures and any related information. Some information will be visually edited so that it falls under fair usage within the law.
1.3.2 Kenlah will not use any private information from the users for marketing purposes, unless with permission by the users.
2. Super Seller
2.1 Super Seller is an incentive campaign provided by Kenlah for sellers who have registered, verified and uploaded their service to Kenlah platforms. All sellers must meet the requirement set by Kenlah in order to be eligible for this incentive.
2.2 This program is limited to 100 sellers only.
2.3 Kenlah reserves the right to change the content, the terms and conditions, and rules and regulations of the Super Seller campaign at any time.
2.4 Voucher/Coupons and/or Discount provided by Kenlah is random and is up to Kenlah’s discretion to provide whatever and whichever Voucher/Coupons and/or Discount that Kenlah chooses.
2.5 Kenlah reserves the right to choose what Souvenirs the eligible sellers will get.
2.6 Kenlah is not responsible for the quality, damage, and resale value of the Souvenirs.
2.7 Kenlah reserves the right to determine how many times an eligible seller is invited to Kenlah’s events.
2.8 The placement of ads placement is reserved only for Kenlah-owned platforms and must align with ads’ regulations and rules set by Kenlah.
2.9The duration of ads placement is set to 1 year or 365 days and Kenlah reserves the right to stop or pull the ads at any moment without notice.
2.10The ads that will be placed must comply with Kenlah’s guidelines.
2.11 The time an ads appear on Kenlah platform may vary and depends on other users’ preference, cache and cookies.
2.12 All perks and benefits received by sellers are not interchangeable and/or cannot be sold and/or resell to other parties.
2.13 Kenlah reserves the rights to stop or terminate entirely the Super Seller campaign at any time and/or without notice.