Terms & Conditions
TERMS OF SERVICE
Introduction
1.1 Welcome to the iPharma.care website (the “Platform”). These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “iPharma Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://www.iPharma.care. By accessing the Platform and/or using the Services, you agree to be bound by iPharma Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to iPharma Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.
1.2 The Terms of Use stated herein constitute a legal agreement between you and LabCeuticals Malaysia Sdn. Bhd. (Company No.: 861871-A), a company incorporated in Malaysia and having its registered address at 1 Jalan Pinang, Level 32 Menara Prestige, Kuala Lumpur 50450 (“iPharma”, “we”, “us” or “our”).
1.3 iPharma reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or iPharma Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
1.4 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.
2. USE OF THE PLATFORM AND/OR SERVICES
2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for pharmaceutical products sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.
2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. iPharma shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.5 We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3. USER SUBMISSIONS
3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
4. TRADEMARKS AND COPYRIGHTS
4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, 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 any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5. Our limitation of responsibility and liability
5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by iPharma of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
5.2 Without limiting the foregoing, iPharma does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
5.3 iPharma and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
6. HYPERLINKS
6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7. APPLICABLE LAW AND JURISDICTION
7.1 These Terms of Use and/or other iPharma Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.
8. ARBITRATION
8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other iPharma Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.
8.2 Notwithstanding the foregoing, iPharma reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
9. TERMINATION
9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other iPharma Terms and Conditions. Upon any termination of these Terms of Use and/or other iPharma Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that iPharma shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of iPharma, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.
Terms And Conditions Of Sale
1. Interpretation
1.1 In these Conditions:
"Buyer" means the person who purchases Goods on the Platform;
"Conditions" mean these Terms and Conditions of Sale;
“Consumable Goods” mean goods which cannot be used for their intended purpose without extinguishing or transforming their substance;
"Contract" means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;
"Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;
“iPharma.care” means LabCeuticals Malaysia Sdn. Bhd. (Company No.: 861871-A), a company incorporated in Malaysia and having its registered address at 1 Jalan Pinang, Level 32 Menara Prestige, Kuala Lumpur 50450;
“iPharma.care Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;
“Platform” means the iPharma.care website;
“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor. iPharma.care may also be a “Seller” of Goods;
“Services” means the use of any services, information and functions made available by iPharma.care at the Platform;
“Third Party Vendor” means a seller which, with iPharma.care’s permission, uses the Platform and/or Services to sell Goods to the Buyers, and excludes iPharma.care; and
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 Any references to “iPharma.care” in these Conditions refer to both iPharma.care’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.
1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2. Basis of the Contract
2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it iPharma.care or a Third Party Vendor, may be stated on the webpage listing such Goods.
2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by iPharma.care and iPharma.care has accepted the same, this shall constitute a Contract entered into directly between the Buyer and iPharma.care. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, iPharma.care is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.
2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
2.4 While the Seller endeavours to provide an accurate description of the Goods, neither iPharma.care nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.
2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by iPharma.care in its website shall be subject to correction without any liability on the part of iPharma.care.
3. Orders and Specifications
3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. iPharma.care shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which iPharma.care shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon iPharma.care issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, iPharma.care shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. iPharma.care shall furthermore be entitled to require the Buyer to furnish iPharma.care with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from iPharma.care and on terms that the Buyer shall indemnify iPharma.care in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by iPharma.care as a result of the modification or cancellation, as the case may be.
4. Price
4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to iPharma.care in addition to the price, but it excludes the delivery charges.
4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which iPharma.care shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to iPharma.care, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledge that iPharma.care is entitled to collect payments from Buyer on behalf of Third Party Vendors.
5.2 The terms and conditions applicable to each type of payment, as prescribed by iPharma.care on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
5.2.1 Credit Card
Credit card payment option is available for all Buyers. iPharma.care accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
5.2.2 Debit Cards
iPharma.care accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
5.2.3 Online Banking
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a iPharma.care account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. iPharma.care, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
5.3 Buyer may not claim against Seller or any of its agents (which may include iPharma.care), for any failure, disruption or error in connection with the Buyer’s chosen payment method. iPharma.care reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:
5.4.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
5.5 All refunds shall be made via iPharma points. iPharma.care offers no guarantee of any nature for the timeliness of the refunds reaching your iPharma points account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by iPharma.care. All refunds are conditional upon iPharma.care’s acceptance of a valid return of the Goods. iPharma.care reserve the right to modify the mechanism of processing refunds at any time without notice.
5.6 All payments for the purchased Goods must be made to iPharma.care using the payment methods made available on the Platform only. iPharma.care shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.
6. Delivery/Performance
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 iPharma.care has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and iPharma.care shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to iPharma.care, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If iPharma.care fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.
6.5 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify iPharma.care of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as iPharma.care's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. iPharma.care shall be entitled at any time to demand the Buyer to deliver up the Goods to iPharma.care and in the event of non-compliance iPharma.care reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
6.6 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to iPharma.care, iPharma.care may:
6.6.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.6.2 terminate the Contract and claim damages.
7. Return, Refund and Replacement of Goods
7.1 All Goods sold on the Platform is covered under the iPharma.care 14 Days returns policy depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with iPharma.care or Seller through the Platform.
7.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to iPharma.care or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to iPharma.care or Seller within 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact iPharma.care or Seller within 48 hours of receiving the delivery to expedite the claim process.
7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:
7.3.1 the Goods delivered to Buyer is defective and/or damaged on delivery;
7.3.2 the Goods, in particular wearable items, which does not fit (not applicable for wearable items from overseas Sellers);
7.3.3 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;
7.3.4 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;
7.3.5 such other circumstances which may be prescribed by iPharma.care on the Platform.
7.4 Notwithstanding Clause 7.3 above, return or cancellations of any perishable or consumable goods (“Consumable Goods”) are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.
7.5 Notwithstanding Clause 7.3 above, Buyer is to ensure that product is in their original condition and not opened. Any packaging and/or tamper protection seals are to be intact.
7.6 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by iPharma.care on the Platform. Please see website for further details.
7.7 Questions and complaints with regards to returns
7.7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact iPharma.care using the “Contact Us” page on the Platform, as applicable.
7.7.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, iPharma.care reserves the right to suggest and implement an appropriate resolution at its sole discretion.
8 Risk and property of the Goods
8.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when iPharma.care has tendered delivery of the Goods.
8.3 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until iPharma.care has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.
8.4 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as iPharma.care's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
8.5 The Buyer agrees with iPharma.care that the Buyer shall immediately notify iPharma.care of any matter from time to time affecting iPharma.care’s title to the Goods and the Buyer shall provide iPharma.care with any information relating to the Goods as iPharma.care may require from time to time.
8.6 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), iPharma.care shall be entitled at any time to demand the Buyer to deliver up the Goods to iPharma.care and in the event of non-compliance iPharma.care reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
8.7 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of iPharma.care but if the Buyer does so all moneys owing by the Buyer to iPharma.care shall (without prejudice to any other right or remedy of iPharma.care) forthwith become due and payable.
8.8 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
8.9 The Buyer shall indemnify iPharma.care against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of iPharma.care's rights under this condition.
9 Termination
9.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to iPharma.care through our Contact Us page at https://www.iPharma.care. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.
9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or iPharma.care acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
9.2.1 the Goods under the Contract being unavailable for any reason; and/or
9.2.2 the Goods under the Contract has been mispriced on the Platform.
10 Warranties and Remedies
10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
10.2 Subject to this Clause 10 of these Conditions, iPharma.care warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), iPharma.care further gives to the Buyer such implied warranties as cannot be excluded by law.
10.3 iPharma.care’s above warranty concerning the Goods is given subject to the following conditions:
10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to iPharma.care.
10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
10.3.3 iPharma.care binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of iPharma.care's opinion in that behalf. iPharma.care is not liable for any such special or particular description which may have been provided by Third Party Vendors. iPharma.care does not give any warranty as to the quality state condition or fitness of the Goods.
10.3.4 iPharma.care shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of iPharma.care, addition and insertion of parts, in particular of spare parts which do not come from iPharma.care.
10.3.5 iPharma.care shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow iPharma.care's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without iPharma.care's approval.
10.3.6 iPharma.care is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without iPharma.care’s prior written approval and the Buyer shall indemnify iPharma.care against each loss liability and cost arising out of such claims.
10.3.7 iPharma.care shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
10.3.8 iPharma.care shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to iPharma.care or Seller in exchange for a replacement or a refund in accordance with iPharma.care’s Return Policy and Clause 7 of these Conditions above.
10.5 When iPharma.care or Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of iPharma.care or Seller.
11 Liability
11.1 In no event shall iPharma.care be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if iPharma.care had been advised by the Buyer of the possibility of incurring the same.
11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and iPharma.care’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions .
11.3 Notwithstanding any other provision of these Conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.
11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.
11.5 No action shall be brought against iPharma.care later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.
12 General
12.7 Neither iPharma.care nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond iPharma.care's or Seller’s reasonable control.
12.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to iPharma.care, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.
12.9 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
12.10 No waiver by iPharma.care of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, iPharma.care’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.
12.11 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
12.12 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.
12.13 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.9 below.
12.14 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against iPharma.care. Any such actions brought against iPharma.care for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
12.15 Notwithstanding Clause 12.8 above, iPharma.care shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
12.16 iPharma.care may, through the Platform or by such other method of notification as iPharma.care may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date iPharma.care specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms and Conditions of Sale.
12.17 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.
12.18 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.
12.19 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
12.20 iPharma.care reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as iPharma.care deems appropriate.
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iPharma Points
These Terms and Conditions govern your access and use of iPharma Points ("iPharma Points").
A. iPharma PointsLabC.
All references in these Terms and Conditions to "we," "us," or "our" shall refer to LabC as operator of iPharma Points. “You” and “your” shall refer to the User.
iPharma Points is associated with your iPharma Account and is intended for effecting payment and rewards for the purchase of goods and/or services offered by iPharma.care by registered Users.
By requesting and/or using iPharma Points, you, the User, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use iPharma Points.
B. These Terms and Conditions are in addition to the terms and conditions governing your use of the iPharma Website and your iPharma Account available at https://www.iPharma.care.
DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:
"Foreign Language Version" is defined under clause 14.9 of these Terms and Conditions.
"Indemnitees" means LabC's and iPharma’s respective officers, employees, directors, agents, contractors and assigns.
"iPharma" means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
“iPharma Account” means the online account of the User on the iPharma Website.
"iPharma Points" is defined in the recitals to these Terms and Conditions.
“iPharma Points Balance” is defined in clause 3.1 of these Terms and Conditions.
“iPharma Website” is defined as the website or the mobile application (as applicable) from which you purchased the goods or services offered by iPharma.care.
“LabC” means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
“Payment Instrument” is defined in clause 3.1.
"Personal Data" means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
“Privacy Policy” is defined in clause 2.6.
"Promo Coupon" means, to the extent permitted by local law, a promotional coupon which is issued by iPharma to a User relating to iPharma Points, from time to time as a gratuity, by crediting the coupon amount to the User’s iPharma Points, and may be used by the relevant User to pay for goods or services on the iPharma Website, prior to the relevant Promo Coupon’s expiry date, as determined at the sole discretion of iPharma and subject to conditions as may be imposed by iPharma from time to time. A Promo Coupon is not legal tender, is not considered electronic money and is not transferable.
"Refund Coupon" means a iPharma store credit, given by iPharma when refunding a User’s previous purchase of goods or services on the iPharma Website and subject to conditions as may be imposed by iPharma from time to time. A Refund Coupon is not legal tender, is not considered electronic money and is not transferable.
"Registration Information" is defined under clause 2.1 of these Terms and Conditions and may include Personal Data.
“Service Fees” is defined in clause 5.1.
“United-Points.com” means United-Points Singapore Pte Ltd (201401920K). You may refer to their website for more information https://members.united-points.com.
"User" means an authorized user of iPharma Points.
1. ACCESS TO IPHARMA POINTS
1.1 You agree to:
1.1.1 use your iPharma Points only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to iPharma Points in good faith;
1.1.2 comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of iPharma Points, as well as any amendments thereto issued by us from time to time; and
1.1.3 ensure that any information or data you provide to us in connection with iPharma Points is accurate.
1.2 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.
1.3 Use of iPharma Points is restricted to registered users of the iPharma Website.
1.4 By using iPharma Points, you agree to comply with all applicable laws and regulations in Malaysia.
2. REGISTRATION
2.1 The registration process for the iPharma Account requires you to provide iPharma with accurate and complete personal information, including your name, address, telephone number, date of birth, email address and any other information as may be deemed necessary by us ("Registration Information"). You shall be responsible to update the Registration Information to ensure its completeness and accuracy. You acknowledge and agree that iPharma may share your Registration Information with us from time to time.
2.2 In addition to such Registration Information, we may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of iPharma Points or suspend or close your iPharma Points.
2.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever, including making any enquiries on behalf of iPharma to process any refunds, including Refund Coupons, payable to you.
Account information
2.4 You are solely responsible for keeping your username and password to your iPharma Points secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform iPharma I mmediately.
2.5 All Personal Data provided to us will be handled, stored, and processed according to our iPharmaprivacy policy (“Privacy Policy”) https://www.iPharma.care. By accepting these Terms and Conditions, you acknowledge that you have read and agree with the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
3 iPharma Points Balance
3.1 You may maintain funds in your iPharma Points, and such funds, less any monies owed to us, will be regarded as the balance of your iPharma Points ("iPharma Points Balance"). Your iPharma Points may also contain your Promo Coupon or your Refund Coupon. These Coupons are issued by iPharma, are not considered electronic money, and are not part of your iPharma Points Balance.
3.2 Funds can be accumulated in your iPharma Points Balance by means of a transfer of funds from certain payment instruments we accept (including debit cards, checking and savings account or other prepaid payment method we allow, collectively, "Payment Instruments").
3.3 For any transfer from a Payment Instrument to your iPharma Points Balance, we make no representation that any of your Payment Instrument(s) are in good standing, or that the issuer of your Payment Instruments will authorise or approve such transfer.
3.4 Unless otherwise stated, both you and iPharma are not liable for any fees raised by third parties including card issuers or banks, associated with funding your iPharma Points Balance. However, we reserve the right to decline acceptance of any payment instruments, including credit cards, debit cards or bank accounts, as funding methods at our sole discretion.
3.5 We reserve the right to impose limits on your use of iPharma Points from time to time, including (i) the amount of value you may load your iPharma Points at any one time; and (ii) the aggregate funds loaded to your iPharma Points over any time period.
4. USING YOUR iPharma Points
4.1 You may use your iPharma Points to purchase goods and/or services through the iPharma Website. For security reasons, we may limit the amount or number of transactions you can make through your iPharma Points. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.
4.2 Each time you use your iPharma Points, you authorize us to reduce the value available in your iPharma Points Balance by the total amount of the transaction and where applicable, any fees, including shipping fees, payment fees and all applicable taxes. The amount of any purchases will first be applied to any Promo Coupons or Refund Coupons (based on the earliest expiry date for each such Promo Coupon or Refund Coupon) which are available in your iPharma Points. You can only make payments using your iPharma Points to the extent that you have iPharma Points Balance to support those transactions. You are not allowed to make purchases in excess of your iPharma Points Balance. We will not extend credit in connection with your use of your iPharma Points, and you must repay us immediately if your iPharma Points Balance is ever less than zero for whatever reason.
4.3 You are responsible for all transactions initiated and fees incurred by using your iPharma Points. If other persons access your iPharma Points, we will treat this as if you have authorized such use and you will be responsible for any transactions made and fees incurred by such use.
4.4 You must notify us immediately of any unauthorized use of iPharma Points or any other breach of security regarding iPharma Points of which you have knowledge. You must report any such activities within ninety (90) days for any claims for unauthorized use of your iPharma Points to be valid for consideration under iPharma’s Membership Protection Policy.
4.5 Notwithstanding anything to the contrary under iPharma’s Terms & Conditions, you agree that we will not compensate you for any loss resulting from any claims for unauthorized use of your iPharma Points under any of the following events, as determined at our sole and absolute discretion:
4.5.1 where any such claims relate to transactions that are found to be conducted on your trusted device, your IP address or any other user‐acceptable boundaries;
4.5.2 where you have acted fraudulently or with negligence, including but not limited to cases where you have wilfully disclosed your iPharma Points log-in details to a third party;
4.5.3 if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorized transactions;
4.5.4 where any funds in your iPharma Points are subject to legal process or other encumbrance restricting transfer;
4.5.5 where any such transactions are took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or
4.5.6 where any terminal or system (including our or iPharma’s website or services) was not working properly or suffering any other technical malfunction before you initiated the relevant transaction.
4.6 Subject to clauses 6 and 7.4, no redemption of cash, transfer of funds or cash withdrawal is permitted in respect of any amounts on your iPharma Points.
4.7 We shall have the right to refuse any transaction on your iPharma Points if:
4.7.1 the transaction does not satisfy these Terms and Conditions or the terms and conditions of your iPharma Account; or
4.7.2 where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.
4.7.3 such transaction involving the use of any Promo Coupon or Refund Coupon where we or iPharma suspects any coupon abuse or fraud or any illegal activities in relation to your iPharma Points.
4.8 When using your iPharma Points to pay for a purchase on the iPharma Website, payments may be processed through accounts owned by us or one of our affiliates and/or a registered third party service provider acting on our behalf.
4.9 For each purchase transaction you make on the iPharma Website, we will transfer funds from your iPharma Points when the first of any of the following events occurs:
4.9.1 we receive confirmation of a successful completion of the purchase from iPharma;
4.9.2 you fail to confirm receipt of the goods or services within the time limit prescribed under the terms and conditions of the iPharma Website, in which case you will be deemed to have received the goods or services;
4.9.3 the conclusion of any settlement agreement or dispute between you and any other user of the iPharma Website and/or iPharma, in which case the funds will be disposed in accordance with such settlement agreement or dispute resolution; or
4.9.4 iPharma or any of its affiliates, or us or any of our affiliates receives any order, ruling,