This NET GENESIS SDN. BHD. (Company No. 126923-H) (“Website Provider”) from time to time.
1. General Terms and Conditions of Use:
1.1. By using www.megahealthmall.com (“the Website”), Customer agrees to be bound by the following Terms and Conditions of Use (“Terms and Conditions”) herein and all supplements, amendments and variations shall collectively constitute the agreement between YOU (“the Customer”), and the Website Provider (“the Agreement”), and shall apply to the purchase of products as posted on the Website (“MegaHealthMall”).
1.3. Anyone who opens a user account with the Website in any manner permitted by the Website Provider on the Website becomes a Customer of the Website subject to the Terms and Conditions hereof. Customers agree to abide by these Terms and Conditions upon opening a user account, and if approved by the Website Provider.
1.4. Customer must register as a user of the Website. During the registration process, Customer will be required to provide an email and a password. Duplicate emails will NOT be permitted. The Website Provider reserves the right to refuse, to issue or to cancel any transaction by a user that it deems misleading, obscene, or otherwise inappropriate for any reason whatsoever.
1.5. Customer agrees to not disclose any information which permits access into the Customer’s user account to other third parties. Any third party who uses the Customer account information shall do so at their own risk, and acknowledges that no liability (civil and criminal) shall be imposed onto the Website Provider. In the event the Customer receives any material or data containing information where the Customer is not the intended recipient, the Customer agrees to delete such material or data and further agrees to notify the Website Provider immediately.
1.6. To the fullest extent permissible under the law, the Customer agrees to use the Website to purchase MegaHealthMall’s products offered on the Website, subject to these Terms and Conditions.
1.7. The Website Provider shall not be liable for damages caused by Customer’s unlawful activities and/or unacceptable conduct. Any user of the Website who engages in unlawful activities shall be held liable by the Website Provider for any losses and/or expenses caused by such activity, including reasonable collection fees, lawyers’ fees, incidentals, court costs, and such costs and expenses arising from the Customer’s unlawful activities and/or unacceptable conduct herein.
Examples of unacceptable conduct include, but are not limited to, hacking the software, stealing the account or nickname of another user, sending a Trojan, worm, time bomb, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above.
1.8. Payments shall be made through an e-payment method supported by a service provider. The Website Provider will notify the Customer on the Website of changes, if any, to this service provider.
1.9. Customer agrees not to damage,corrupt or interfere with the normal functions of the Website.
1.10. Customer agrees not to collect and/or retain any information about other users on and off the Website, including e-mail addresses, without the consent of such users, and/or the Website Provider.
1.11. When using the MegaHealthMall offered on the Website, the Customer agrees to disclose only truthful and correct information.
1.12. Customer agrees not to use the Website to distribute spam, chain mail, pyramid schemes, viruses or any other information or technology deemed inappropriate by the Website Provider. The Website Provider reserves the right to take any measures deemed appropriate to stop the Customer from misusing the Website.
1.13. Customer understands and accepts that the Website Provider is not an agent, employee, broker, or representative of the Customer. Customer also understands that the Website Provider does not owe the Customer any duties other that those expressly set forth in these Terms and Conditions.
1.14. The Website Provider reserves the right to revoke any contract entered into with the Customer if the Customer engages in inappropriate conduct. Examples of inappropriate conduct include the use of scripts to take control of the Website, as well as the use of the Website to harass others or to foist pyramid schemes on others, and such other misconduct beyond the comprehension of the Website Provider that compromises the Website and the position of the Website Provider. In responding to inappropriate conduct of the Customer, the Website Provider may block the usage of the Website and/or close the user account that is the source of the inappropriate conduct in question, and the Website Provider also reserves the right to refer the matter to the corresponding authorities to seek relief from a court of competent jurisdiction, or may take any other action deemed appropriate.
1.15. The Customer shall not submit or transmit any image or program that would violate the property rights of others, including unauthorized copyrighted images or programs and trademarks or Website marks used in an infringement act.
1.16. Customer shall not interfere with other users in any way on the Website.
1.17. Customer shall not collect by any means contact information from the Website for use related to commercial e-mail (SPAM).
1.18. Customer understands and accepts that MegaHealthMall has done its best to reproduce as accurately as possible the colours of the Merchant’s products shown on the Website. However, because the colours may vary depending on individual monitors and settings, customer understands and accepts that MegaHealthMall cannot guarantee the accuracy of the reproduction of any colour on Customer’s monitor.
2. Processing Customer Personal Data
2.1. Upon opening a user account, Customer is agreeable to the disclosure of the Customer’s personal data and hereby grants the Website Provider consent to process the information communicated by Customer in accordance with the Terms and Conditions including but not limited to any event as required and permitted by law.
2.2. The Customer may withdraw the consent referred to in Clause 2.1 above and request discontinuation of the processing of Customer’s personal data. Withdrawal of consent shall not have a retroactive effect.
2.3. In order to provide the Customer with the wide range of products offered under the MegaHealthMall on the Website, it is necessary for information about the Customer (“Data”) to be made known or available to the Website Provider, its subsidiary, if any, and its authorized agents, suppliers, and service companies that provides support to Website including but not limited to securing and developing the quality and availability of the MegaHealthMall by the Website Provider, and debt collection, Court orders, and the facilitation of product purchase by the Customer on the Website.
2.4. The Website Provider shall use the Data collected from Customer to deliver to the Customer the advertisements and offers to the Customer’s e-mail address, fax, telephone, voice mail, and other appropriate mode of communication to the Customer. The Website Provider, with the Data, shall also collate, develop, and personalize the MegaHealthMall to Customer.
2.5. Whilst the Website Provider will take reasonable care and use its’ best efforts to ensure the Data transmitted and received is secure, and the Customer acknowledges the risks involved in using the Website, the Website Provider cannot guarantee the security of the Data and that it may not be accessed by unauthorized third parties. The Customer agrees not to hold the Website Provider responsible for any loss or damage suffered arising from the disclosures as specified herein.
2.6. To adhere to the Personal Data Protection Act 2010 and by agreeing with the Terms and Conditions, the user of the Website hereby consents to allow the Website provider the right to share user’s data and information gathered in the Website with but not limited to, its business partners, affiliate companies, subsidiaries and suppliers in accordance with the applicable laws in place from time to time.
2.7. If the Customer does not agree to revealing or divulging the Data and Customer’s personal information as in Clause 2.1 within the Website Provider and its authorized agents, suppliers, vendors and service companies, the Customer shall notify the Website Provider in writing at [email protected].
3. Intellectual Property
3.1. The Website, comprising all its content, materials, documents including but not limited to its trademarks/service marks, logos and other intellectual property rights of the Website Provider in the Website encompassing all information, details, graphics, data files, text, sound recordings and arrangements of the same are the wholly owned and copyrighted work of the Website Provider, and shall vest and belong to the Website Provider.
3.2. None of the materials posted herein shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of the Website Provider.
3.3. Customers who post their own proprietary information on the Website thereby grant consent and a license to the Website Provider to use that proprietary information on the Website at no cost to the Website Provider, its agents, or assigns. The Website Provider has the exclusive right to use anything posted by the Customer on the Website in any way it deems appropriate on the Website. This includes allowing or prohibiting the use of the posted information, including reproduction, distribution, translation and adaptation, inclusion in compilations or databases, or communication to the public.
3.4. In the event of a breach of the intellectual property rights hereunder these Terms and Conditions, the Website Provider may resort to any available legal remedies, which may include a demand for actual or statutory damages, attorney fees, and injunctive relief.
4. Requirements Needed to Participate In Online Sales & Promotions
4.1. CUSTOMER MUST BE EIGHTEEN (18) YEARS OLD AND ABOVE.
4.1.1. ACCORDINGLY, CUSTOMER WARRANTS AND REPRESENTS THAT CUSTOMER IS EIGHTEEN (18) YEARS OLD AND ABOVE TO USE THIS WEBSITE.
4.1.2. PARENTS AND GUARDIANS ASSUME ALL LIABILITY AND RESPONSIBILITY FOR THE USE OF THEIR ACCOUNTS BY OTHER PERSONS, INCLUDING BUT NOT LIMITED TO USE OF THEIR ACCOUNTS BY PERSONS UNDER EIGHTEEN (18) YEARS OF AGE.
4.1.3. ANY USER FOUND TO BE UNDER THE AGE OF EIGHTEEN (18), MAY HAVE HIS OR HER ACCOUNT SUSPENDED OR TERMINATED WITH OR WITHOUT NOTICE AND OTHER ACTIONS MAY BE TAKEN.
5. Price and Payment
5.1. Whilst MegaHealthMall makes it best effort to ensure all prices which appear on the Website are accurate, there may be instances where errors may occur and upon discovery of that error, MegaHealthMall will inform the Customer as soon as possible for further clarification and reconfirmation of the purchase of MegaHealthMall’s services.
5.1. Unless otherwise stated on the Product Detail or in our invoice for your purchase of the MegaHealthMall, the Listing Price on the Product Detail includes Government Service Tax (GST). The Customer shall be responsible for payment of all sales, use, excise, value-added, business, and other taxes, any taxes including GST, which may be imposed on the products purchased from the Website. Where applicable, any tax charges are clearly displayed and included in the ‘Total Amount’ upon checkout.
5.2. The Customer may participate in the sales & promotions held on the Website by making payments through any means available on the Website (such as credit card payments, e-bank transfers, etc.).
5.3. All electronic payment services are available to the Customer on the Website for the MegaHealthMall provided the Customer has registered with the Website Provider.
5.4. Purchases via mobile site or mobile applications are permitted, and the Customer shall proceed directly to the Website, without registration again as a user on the Website.
6. MegaHealthMall’s Rights and Responsibilities
6.1. The Website Provider may block, suspend, close or cancel any sale or promotion if the Website Provider’s computer system is damaged or interfered with or if a system error occurs that has or may have an effect on the course of the sale or promotion. Where a sale or promotion cannot be restored, the sole remedy available to the Customer shall be the reimbursement of any fees paid when making purchase on the Website.
6.2. In addition to the Terms and Conditions herein, the Website Provider shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill expenses or loss of profit incurred or suffered by the Customer by reason of or in connection with the followings : –
6.2.1. Any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Website Provider;
6.2.2. Interference by computer virus, corrupted data, malfunctions;
6.2.3. Any failure or delay attributable to the MegaHealthMall by its service provider;
6.2.4. Failure or delay due to causes beyond the control of the Website Provider including causes such as strikes, industrial action, civil disturbances, flood, earthquake, landslides or Acts of God or computer, electronic, communications or electrical systems failures of any nature whatsoever, breakdown, interruptions, non-supply, failure in the supply of electricity or power for any length of time;
6.2.5. Any inaccuracies, errors, defects of any content of this Website or other website linked to this Website;
6.2.6. Any operation malfunctions or defects of the Customer’s computer terminal, systems or software used in accessing the Website;
6.2.7. Any access, use or inability to access or use this Website and/or any other website linked to this Website.
6.3. The Website Provider shall not be responsible for any losses if the Website is not made available due to any of the reasons stated in item 6.2.4.
6.4. Numerous uncontrollable factors may interfere with the operations of our website, and while the Website Provider will endeavour to maintain uninterrupted service, the Website Provider cannot guarantee, promise nor give warranty (expressed or implied) about the availability and continued access to MegaHealthMall.
6.5. The Website Provider reserves the right to investigate and take legal action against any perpetrators suspected of unlawful action(s) or action(s) against its terms and conditions that may have brought the service down.
6.6. We periodically check our members list. If we find that Customer has registered more than one account per person, the Customer’s account(s) will be removed and any of MegaHealthMall’s services that were purchased will be forfeited. Also, the Customer will be banned from our system.
6.7. The Website Provider reserves the right to withdraw any of MegaHealthMall’s services from the Website at any time and/or remove or edit any materials or content on this Website. The Website Provider will not be liable to the Customer or any other third party by reason of their withdrawing any of MegaHealthMall’s services from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website or for refusing to process or accept an order submitted by the Customer on the Website to purchase MegaHealthMall’s services.
7. Customer’s Agreement to Merchant Responsibility
7.1.1 The Website Provider only provides a platform to market, promote and sell on behalf of the Merchant to the Customer in the form of Product Details displayed on the Website. The Customer agrees and confirms to this arrangement and shall not hold the Website Provider liable for any products delivery to the Customer directly by the Merchant who shall be fully responsible for any and all loss, injuries, illness damages, claims, liabilities and costs suffered by or in respect of a Customer, caused in whole or in part by the Merchant or its products.
8. Product Details Terms
8.1.1. MegaHealthMall are offered for sale and displayed on the Website as Product Details. Each Product Details published on the Website contains specific terms.
8.1.2. For the avoidance of all doubts, the specific terms as listed in each Product Details shall be treated as additional terms and/or part and parcel of these terms and conditions and they all shall govern the Customer’s purchase of MegaHealthMall’s services on the Website.
9. Manufacturer’s Warranty
9.1. The Customer acknowledges and agrees that the Customer shall deal directly with the manufacturer on any warranty issues attached onto any purchased product from the Website.
9.2. Any complaints on product quality issue shall be submitted to our customer support only within 14 days from date of purchase. Thereafter, our customer support will assist to notify or forward the complaint to Merchant and/or Manufacturer. Complaints that are submitted later than 14 days from date of purchase will not be entertained.
9.3. The Customer agrees that the Website is an avenue for the Customer to participate in the MegaHealthMall, and further agrees that the Website Provider is immune from any liability for damages, loss and/or expense to the fullest extent contemplated under the law including but not limited to any damages caused by:
9.3.1. The misuse or use of an item in any manner or its use in any unreasonable manner;
9.3.2. Normal wear and tear of the item;
9.3.3. Wilful or negligent damage to the item, the risk of which is borne by the Customer; and
9.3.4. Assumption of the risk by the harmed person.
10. Amendment of Terms and Conditions
10.1. The Website Provider may unilaterally amend and add to these Terms and Conditions by sending notice to Customer via email of the amended and/or added Terms and Conditions on the Website.
10.2. Amendments or additions to the Terms and Conditions shall enter into force immediately upon their publication on the Website and the effective date of amendment shall also be updated accordingly on the Website.
10.3. The Customer should be able to view the revised Terms and Conditions upon access to the MegaHealthMall at this Website, and the use of the MegaHealthMall thereafter shall constitute the Customer’s consent and acceptance to the variations, amendments and/or additions, supplements therein after appearing.
11. Service Termination
11.1. Customer may terminate the use of the MegaHealthMall and close Customer user account. However, any contractual obligations incurred before the termination of the account shall remain in full force and effect until Customer completely discharges them by paying for any outstanding purchases and any applicable taxes or delivery charges.
11.2. The Website Provider reserves the right to terminate the Customer from using the Website and the Customer’s account at any time without notice and without any obligation to give any reasons therefore or if, in its sole discretion, it determines that the Customer has engaged in any prohibited or unacceptable conduct and/or unlawful activity including but not limited to contravention of these Terms and Conditions hereof.
12.1. The Customer agrees to fully indemnify the Website Provider against any and/or all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements of any kind whatsoever which may be imposed on, incurred by the Website Provider in respect of the Customer’s unlawful activities, communication, act and/or omission in any way relating to or arising out of the negligence of or misconduct of or breach of or any omission, delay or failure of the Customer’s obligations under the Terms and Conditions as provided herein.
12.2. The Customer further agrees that the Website Provider shall not be liable to the Customer for and with respect to any third party claim and the Customer shall indemnify the Website Provider from any liability claim, loss, damage or expense of any kind relating to or arising out of third party rights thereof.
12.3. This indemnity by the Customer herein shall survive the termination of any of the MegaHealthMall to the Customer.
13.1. Without assuming the responsibility therefore, the Website Provider reserves the right to restrict conduct and/or take measures against conduct, which the Website Provider shall deem in its sole discretion to be harmful, unacceptable or offensive to other users for any reason or no reason whatsoever or otherwise detracts from the MegaHealthMall Service or adversely affects the Website Provider, its business or software in any manner whatsoever.
14.1. Notwithstanding the information, materials and contents given herein on this Website and/or on the MegaHealthMall and/or web links on the Website (“Postings”), the Customer agrees that the Postings herein is provided on an “as is” basis and are of a general nature and shall be subject to the Customer’s obligation to take independent legal advice, or other advice as the Customer shall deem necessary.
14.2. The Website Provider, its employees, and its authorized agents disclaim any express or implied warranty or representation including but not limited to conditions of merchantability, warranties of title, non-infringement of intellectual property rights, usefulness, accuracy, quality or fitness for purpose of the MegaHealthMall or products transacted on the Website.
14.3. The Website Provider does not warrant or represent that access to the Website, the materials, contents, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect shall be corrected, or that there shall be no delay, failures, errors or loss of transmitted information, that no viruses, or other contaminating or destructive properties shall be transmitted or that no damage shall occur to the Customer’s computer system.
15.1. No failure or delay by the Website Provider or Customer 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 the Website Provider or Customer’s rights under these Terms and Conditions or a Contract.
16.1. 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.
17.1. Customer 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 Customer’s rights or obligations under these Terms and Conditions or a Contract.
18.1. 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 Customer and the Website Provider.
19. Third Party Rights
19.1. 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.
20. Law and Jurisdiction
20.1. The use of the MegaHealthMall on this Website and the Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malaysia and the parties hereby submit to the exclusive jurisdiction of the Courts of Malaysia notwithstanding that the MegaHealthMall on this Website may be accessed in another jurisdiction and not restricted to Malaysia.
20.2. The Customer hereby agrees that the Customer shall be solely responsible for the compliance with all laws applicable to the Customer in the Customer’s jurisdiction in respect of the use of the MegaHealthMall.