Terms & Conditions

Introduction

Welcome to the e-store platform (the "Site"). Please read the following terms and conditions (Individually and collectively “Terms” or “Terms of Service”) carefully before using this Site so that you are aware of your legal rights and obligations with respect to Wellous Sdn. Bhd. and its affiliates and subsidiaries (individually and collectively “Wellous”, “the company”, "we", "us" or "our") IF YOU DO NOT AGREE TO THE TERMS OF SERVICE HEREIN, YOU SHALL NOT USE AND/OR ACCESS THE SERVICES PROVIDED ON THE SITE. The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content").

You hereby acknowledge that your access and use of our Services constitutes your agreement to be bound by this Terms of Service, which establishes a contractual relationship between you and WELLOUS. This Terms expressly supersede prior agreements or arrangements between WELLOUS with you (if any). WELLOUS may immediately terminate this Terms or any Services with respect to you, or generally cease offering or deny access to the WELLOUS’s Services or any portion thereof, at any time for any reason.

All data and/or password are end-to-end encrypted by us. Access to and use of data and/or password protected and/or secure areas of the Site and/or use of the services are strictly restricted to user with account only. You shall not obtain or attempt to obtain unauthorised access to such parts of this Site and/or services, or to any other protected information, through any means not intentionally made available by us for your specific use.

Supplemental terms may apply to WELLOUS services from time to time, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable WELLOUS’s Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the WELLOUS’s Services. Supplemental terms shall prevail over this Terms in the event of a conflict with respect to the WELLOUS Services provided herein.

You may note that WELLOUS may amend the Terms related to the services from time to time. Amendments will be effective upon WELLOUS’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable WELLOUS’s Service. Your continued access or use of the WELLOUS’s Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the services and/or the Site is as provided in WELLOUS’s Privacy Notice. WELLOUS may provide and utilize the personal information to any parties necessary to process, store the information and utilize them as WELLOUS deems fit, including but not limited for the consultation of professionals, the filing of a complaint, dispute or conflict, payment gateway, rewards, to ensure that the delivery address or recipient details are correct.

Services

The Services include an online platform service that provides a place to the buyer (collectively “You”, “Customer” or “User”) to purchase and/or order our AEMIS products, namely Relazz and Probiome.

General Conditions

The use of the Site is subject to our general conditions, by agreeing to the same, you shall be at least eighteen (18) years old while accessing, experiencing or to using the Site. If you are below eighteen (18) years old (“a minor”), you must obtain permission from your parent(s) or legal guardian(s) to access the Site. The parent(s) or legal guardian(s) must accept and comply with this Terms on the minor behalf and shall be made liable for all the consequences resulted therefrom and shall deliberately indemnify us from any damages and losses caused therefrom.

Subject to the Terms, the Company hereby grants you a limited, revocable, non-transferable and non-exclusive license to access by displaying it on your internet browser, for our Site and/or on your mobile devices, only for the purpose of shopping and purchase of our AEMIS products selling on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by the Company in advance. Any breach of this Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon and/or used as the sole basis for making decisions without consulting primary, more accurate, more complete and/or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time without any prior notice, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Shipping Policy

Orders shall be shipped by the selected courier service provider. A consignment note shall be included in each parcel. It contains the tracking number, sender name, sender company name, sender contact number, sender address, recipient name, recipient contact number and address. We keep the tracking number and notify you of the estimated delivery time (“EDT”). We shall take no responsibility and assume no liability for any loss or damages or extra costs incurred to you arising from inaccurate information including but not limited to your personal detail and/or payment method entered by you.

Return and Exchange Policy

Return and exchange are only accepted for defective products or wrong products. You shall notify us of your request of the same within fourteen (14) days upon receipt of the product by you (“Exchange Request Period”). Failing which, any requests to return and/or exchange shall not be entertained upon the Exchange Request Period has lapsed. Notwithstanding the foregoing or Clause 6.2, each return or exchange is reviewed on a case-by-case basis. Returns under this Clause or Clause 6.2 may cause promotions to be disqualified.

For any complimentary or free item(s) (“Free Products”) received by you via a qualifying purchase or through any promotion package during a sales period, returns shall be handled as follows:

• If the qualifying purchase is returned in whole or in part, this shall negate your qualification to receive the Free Products and all of the Free Products shall be returned us otherwise you shall be charged for the costs of the Free Products.

The following procedures apply to all return and/or exchange:

• Customer who purchased the product must return the product(s) at the location designated by us.
• The product(s) must be returned in its original condition, with original tags and/or packaging intact.
• The defective or wrong product(s) may be replaced before the defective or wrong Product(s) are returned to the us subject to review on a case-by-case basis. In the event that you do not return the defective or wrong products, you shall be charged for the costs of the replacement products.

More particulars please refer to our Payment and Refund Policy.

Payment

For every transaction made through the Site, payment of total purchase price shall be made in the following methods (subject to availability):

• Credit Card/Debit Card
• Instalment Purchase Plan
• E-Wallet
• FPX
• Cash-On-Delivery

You acknowledge and agree that the we shall take no responsibility and assume no liability for any loss or damages to User arising from payment information entered by the User or wrong remittance by User in connection with the payment for the product purchased. We reserve the right to check whether the User is duly authorized to use certain payment method and may suspend the transaction until such authorization is verified or cancel the said transaction where such verification not available.

You shall keep all the evidence related to your transactions through the Site. However, in the event that your records do not correspond with our records, our record shall prevail on all aspects.

Privacy Notice

When you access our Site and place any order(s), you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary.

We respect your right to privacy. By accessing our Site or otherwise you agree to, and where required, consent to the collection, use and transfer of your information as set out in our Privacy Notice.

Disclaimer

The product and/or services are provided “as is” and “as available”. To the extent permitted under the applicable law, we disclaim all representations and warranties, express, implied or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Some product may have an associated image or photo. All images, photos and specifications shown are for illustration purpose only. Actual product may vary due to product enhancement.

You acknowledge that all information herein is not intended to diagnose, treat, cure nor substitute or replace the advice of a qualified medical professional. All tests are conducted on a closed trial sampling and different people may experience different reactions and benefits.

You should always consult an appropriate independent professional doctor or medical officer or specialist for specific advice tailored to your health, well-being, circumstances, requirement or needs.

You acknowledge and agree that it is your responsibility to perform your own due diligence, seek professional advice, access the risk of the transaction made through the Site.

You agree that the entire risk arising out of your use of the services, and any service or goods requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

Intellectual Property

Ownership: The Intellectual Property in and to the Site and the materials are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.

Restricted Use: No part or parts of the Site, or any materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Permission will only be granted to you to download, print, or use the materials for personal and non-commercial uses, provided that you do not modify the materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the materials and reserve our rights under the Copyright Act 1987.

Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Site and in this Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on the Site, without our written permission or any other applicable trademark owner.

In any event that the you breach this Clause, we reserves the right to terminate all agreement and/or terms and conditions enter into with you immediately, your account with us shall be terminated immediately, and you shall be liable under Section 99 of the Trademarks Act 2019.

Indemnity

You agree to indemnify, and hold us, our agents, service providers, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Site, the use of the services and/or your breach of any Terms. You shall deliberately indemnify us for any interference or damage to any computer system that arises in connection with your use of the Site or any linked website.

Force Majeure

We shall not be liable to you for any breach for any reason of any delay in performing or failure to perform any due to any cause beyond our reasonable control, including but without limitation to acts of god, war, pandemic or epidemic (including but not limited to any movement control order implemented by the government caused thereby), explosions, flood, acts of restriction, regulations, by-laws, or measures of any kind on the part or governmental parliamentary or local authority, import or export regulations or embargoes, riot, terrorist attack, threat or preparation of war, interruption of production or operation line, difficulties in obtaining raw materials labour, fuel parts, or machinery break down etc.

Severability

This Terms of Service shall, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable, in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable: -

• That Terms shall, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
• If the Terms or part of it cannot effectively be read down, that provision or part of it shall be deemed to be void and severable and the remaining provisions of this Terms of Service shall not in any way be affected or impaired and shall continue notwithstanding that illegality, invalidity or unenforceability.

Governing Law and Jurisdiction

This Terms of Service shall be governed by and construed in accordance with the laws of Malaysia.

Any dispute, legal action or proceeding arising out of or in connection with this Terms of Service shall be submitted to the jurisdiction of the courts in Malaysia.