Terms of Use
By using this
website, www.cellnique.my (the “Website”), you are knowingly and willingly
agreeing to be bound by these Terms of Use and understand that these terms of
use shall constitute a binding and enforceable contract between you and
Cellnique Paramedical Sdn Bhd (1256493-W).
These “Terms of Use” set forth the terms and conditions under which you may
access and use the Website. If you do not agree to these terms of use, you must
not use this Website. CELLNIQUE may change the Terms of Use from time to time,
so we encourage you to review our Terms of Use whenever you use the Website to
make sure you understand how you may use the Website. Your continued use of the
Website following the posting of changes to the Terms of Use will signify your
acceptance of the then current Terms of Use. The Terms of Use will include the
date we last updated the Terms of Use.
The terms of use consists of the following parts:
Part 1: Intellectual Property
Part 2: Indemnity & Disclaimer
Part 3: Online Purchase
Part 4: Other Issues
Part 1: Intellectual
Property
Use of the Website
You agree and acknowledge that the Website and the content, including but not
limited to graphics and information, provided on the Website (the “Web
Content”), is the sole and exclusive intellectual property of CELLNIQUE and
shall not be copied, reproduced, displayed, sold or otherwise distributed
without the express prior written consent of CELLNIQUE, provided you may print
a single copy of the Website Content solely for your personal, non-commercial use.
While we strive to partner with reputable third party firms, CELLNIQUE will not
be responsible for the content, information collected, terms and conditions or
privacy rules maintained on any linked sites and we strongly encourage you to
examine the privacy policies contained on these sites.
Part 2: Indemnity &
Disclaimer
Indemnity
You agree to defend, indemnify and hold harmless CELLNIQUE, its officers and
employees from any claims, losses, damages, expenses, demands, and costs
(including without limitation reasonable attorneys fees), arising out of or
relating to your use of the Website.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CELLNIQUE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CELLNIQUE MAKES NO
WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR
RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR
EXPECTATIONS. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE
WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CELLNIQUE, ITS OFFICERS,
ADVISORS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR
INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON
INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS,
DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE. YOU HEREBY
ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT CELLNIQUE IS GIVEN
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO
ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME
FROM CELLNIQUE.
Alert on Hackers
It is possible that other users or unauthorized “hackers” may post or transmit
offensive or obscene materials on the Website and that you may be involuntarily
exposed to such materials. It may also be possible for other users or “hackers”
to obtain personal information about you. By using the Website, you assume the
risk of such occurrences.
Part 3: Online
Purchase
Product Description
Products shown on the Website may contain descriptions that are provided
directly by the publisher, manufacturer or distributor of such products.
CELLNIQUE does not represent or warrant that the descriptions of any products
shown on the Website are accurate or complete. IF A USER PURCHASES A PRODUCT
FROM CELLNIQUE THAT IS NOT AS DESCRIBED ON THE WEBSITE, THE USER’S SOLE AND
EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR
CELLNIQUE CREDIT IN THE AMOUNT OF
THE PURCHASE PRICE.
We have made every effort to display the colors of products on the Website as
accurately as possible. However, as the actual colors you see will depend on
your monitor we cannot guarantee that your monitor’s display of any color will
be accurate.
Price
Please take note that all information posted on the Website, including prices
for products is “as is” on a best price basis only, and CELLNIQUE reserves the
rights to change, amend or vary any of this information without prior notice.
We cannot confirm the price of a product until you order. It is possible that
the price for a product may increase or decrease between the time that the
product is placed in a shopping basket and the time the purchase is actually
made. Also, despite our best efforts, a small number of the products on the
Website may display incorrect prices. If the price for the product on the
Website is incorrect and is actually higher than the price provided at the time
of purchase, then, at the sole discretion of CELLNIQUE, CELLNIQUE may either
(a) contact you for instructions before shipping the product or charging you
for such product, or (b) cancel the order for such product and notify you of
such cancellation.
CELLNIQUE will have the right to cancel any orders for products that have been
listed at an incorrect price, rebate or refund, or contain other incorrect
information or typographical errors or are unavailable for any reason.
CELLNIQUE will have this right regardless of whether the order has been
confirmed or your credit card has been charged. If your credit card has already
been charged for the purchase and your order is cancelled, CELLNIQUE will
immediately issue a credit to your credit card in the amount of the charge.
Methods of Payment
A variety of payment methods are offered on the Website for the convenience of
customers. You agree to pay all fees incurred in connection with your purchases
at the rates in effect when the charges were incurred.
If you pay by wired transfer, the terms and conditions of your issuing bank
govern your use of your bank account, and you must refer to that agreement and
not these Terms of Use to determine your rights and liabilities as an account
holder. YOU, AND NOT CELLNIQUE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED
AMOUNTS BILLED TO YOUR BANK ACCOUNT BY A THIRD PARTY. You agree to pay all fees
and charges incurred in connection with your purchases (including any
applicable taxes) at the rates in effect when the charges were incurred. Unless
you notify CELLNIQUE of any discrepancies within sixty (60) days after they first
appear on your credit card statement, you agree that they will be deemed
accepted by you in all respects and for all purposes. If CELLNIQUE does not
receive payment from your credit card issuer or its agent, you agree to pay all
amounts due upon demand by CELLNIQUE or its agents.
If you pay by credit card, your card issuer agreement governs your use of your
card, and you must refer to that agreement and not these Terms of Use to
determine your rights and liabilities as a cardholder. YOU, AND NOT CELLNIQUE,
ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD
BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection
with your purchases (including any applicable taxes) at the rates in effect
when the charges were incurred. Unless you notify CELLNIQUE of any
discrepancies within sixty (60) days after they first appear on your credit
card statement, you agree that they will be deemed accepted by you in all
respects and for all purposes. If CELLNIQUE does not receive payment from your
credit card issuer or its agent, you agree to pay all amounts due upon demand
by CELLNIQUE or its agents.
Unless expressly set forth on the Website, we do not accept any other payment
form. If we offer or accept any other form of payment, you hereby agree to all
restrictions, terms and conditions associated with such additional form of
payment.
Taxes
You are responsible for paying any governmental taxes imposed on your
purchases, including, but not limited to, sales, use or value-added taxes.
CELLNIQUE will automatically charge and withhold any applicable tax for orders
to be delivered to any jurisdictions that it deems is required.
Currencies
All transactions conducted by or with CELLNIQUE, including sales of items shown
on the Website and credit for returned merchandise, are made in Malaysian
Ringgit (MYR).
CELLNIQUE Coupons
CELLNIQUE may provide coupons to certain customers through loyalty or
promotional campaigns. Terms and conditions of coupons will be as separately
advised by CELLNIQUE.
Order Acceptance
By displaying products on the Website, CELLNIQUE is making an offer to sell
such products only to those who are legally capable of accepting, and do
accept, such offer in Malaysia. We may confirm our receipt of your acceptance
by sending a confirmation to the e-mail address that you provide.
Passage of Title
Title to products and risk of loss of such products shall be passed to you upon
delivery to the common carrier selected by us to deliver your order.
You are obligated to take delivery of any products you order notwithstanding
that the quantity delivered may be less than the quantity ordered, provided
that any amount charged to you shall be adjusted to reflect such lower
quantity. Any such discrepancy in quantity shall not be deemed a material
change of the terms of sale nor a breach or repudiation of our agreement to
sell products to you.
Product Warranties
Unless otherwise specified for particular products or pursuant to a
supplemental (or “extended”) warranty plan offered by CELLNIQUE from time to
time, CELLNIQUE will have no liability for any failure or malfunction of a
product sold on the Website. Requests for technical service and support should
be made directly to the manufacturer of a product in accordance with the terms
and conditions of any warranty provided by the manufacturer. Information
regarding manufacturers’ warranties is generally included in the materials
shipped with the products or is available through the Website.
Any supplemental warranties offered by CELLNIQUE will be subject to terms and
conditions posted on the Website from time to time.
Disclaimer
CELLNIQUE, its officers and employees are not responsible or liable for any
incidental or consequential damages whatsoever which may occur while purchasing
products with us, during and after the purchase, including and not limiting to
the user’s negligence in fulfilling the required terms and conditions. Please
read our disclaimer for more details.
Part 4: Other Issues
CELLNIQUE Accounts
Users must register with CELLNIQUE before purchasing from the Website. ALL
personal details provided MUST be current and valid. Failing to do so may cause
identity discrepancies and subsequent denial of all services and benefits.
Please learn about how we manage your personal and non-personal information in
our privacy policy.
CELLNIQUE reserves the rights to suspend or terminate the account of any user
in breach or in violation of any stated rules and regulations, terms and
conditions as agreed, without assigning any reasons.
Age of Users
CELLNIQUE does not intend the Website to be viewed or used by individuals under
the age of 18 (“minors”) without the supervision of a parent or guardian 18
years of age or older. CELLNIQUE relies upon parents or guardians to determine
if any content or items available on the Website are appropriate for the
viewing, access or purchase by minors. If a user is a minor, such minor may use
the Website only under the supervision of parent or guardian.
Communications
You consent to receive communications from us by e-mail. We will communicate
with you by e-mail, by live messaging via life chat or by posting notices on
the Website. You agree that all agreements, notices, disclosures and other
communications that we provide to you in this manner satisfy any legal
requirement that such communications be in writing.
Any supplemental warranties offered by CELLNIQUE will be subject to terms and
conditions posted on the Website from time to time.