TERMS & CONDITIONS FOR HERBITEC (M) SDN BHD
Last updated: 2022
Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you whether personally or on behalf of an entitle (“You”) and Herbitec (M) Sdn Bhd (“Company”, “we”, “us”, or “our”), concerning your access to and use of the www.herbitec.com website as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”).
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to use or register for the Site.
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
1.Privacy & Security
1.1We care about data privacy and security. Please refer to our Privacy Policy for our full privacy and security practices. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Malaysia.
1.2If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Malaysia, then through your continued use of the Site, you are transferring your data to Malaysia, and you agree to have your data transferred to and processed in Malaysia.
2.Products or Services
2.1We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
2.2All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason.
2.3All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
2.4We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
3.Purchases And Payment
3.1You may only purchase products available for sale; and details of which appear on the Site.
3.2You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.
3.3You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
3.4Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.
3.5All payments shall be in Malaysia Ringgit.
3.6You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
3.7We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
3.8We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
3.9We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
3.10We accept the following forms of payment:
a)Online Payment - iPay88 (FPX / credit card);
b)Offline Payment - Payable to
Bank: Hong Leong Bank Berhad
Account Number: 27000325843
Account Name: Herbitec (M) Sdn Bhd
4.Delivery, Return & Refund Policy
4.1Delivery, return and refund are on the terms set out in our Delivery, Return & Refund policy and incorporated into these conditions.
5.Liability Limitations/ Warranties
5.1We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
5.2We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
5.3You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
5.4You expressly agree that your use or inability to use, the service is at your sole risk.
5.5In no event will Herbitec (M) Sdn Bhd or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
6.Dispute Clause
6.1If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
6.2You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the Malaysia courts. Herbitec (M) Sdn Bhd shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
7.Intellectual Property Rights
7.1Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Malaysia.
7.2Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
8.External Links / Third-Party Links
8.1The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
8.2Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
8.3Inclusion of, linking to or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
8.4You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
8.5You agree and acknowledge we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
9.Changes to These Terms and Conditions
9.1Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time by updating the “Last updated” date of these Terms of Use.
9.2It is your responsibility to review these Terms of Use periodically for the updated information. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
10.Contact Us
For more information about our terms and conditions, if you have questions, or if you would like to make a complaint, please contact us by email: [email protected]