TERMS AND CONDITIONS
Welcome to Wellbeing Online!
WB Health and Beauty Sdn Bhd (WB) provides the content and services on Wellbeing Online to you subject to the terms and conditions below and such other terms, conditions, guidelines, policies rules and regulations found elsewhere on Wellbeing Online in connection with everything offered and/or available on Wellbeing Malaysia, including but not limited to products, services, features, promotions and reward/benefit programmes (collectively, T&C).
By accessing and/or using Wellbeing Online, you agree and accept that you have read, understand, accept and agree to be bound by these T&C without limitations and/or qualifications.
As such, you are strongly advised to read the relevant T&C carefully and make sure that you fully understand them before proceeding to use Wellbeing Online. If you do not agree with any of these T&C, you should not use Wellbeing Online.
1.1 “Customer” or “Customers’ or “you” or “your” shall mean you and all other person who accesses Wellbeing Online and/or purchases the Products on Wellbeing Online on your personal computer, laptop, tablets and/or mobile or under your User Account.
1.2 “WB” or “we” or “us” or “our” shall mean WB Health and Beauty Sdn Bhd (Company No 1151627-T) who is the owner of Wellbeing Online and the seller of the Products on Wellbeing Online.
1.3 “Wellbeing Online” shall mean the medium, including but not limited to internet website and mobile application, by which WB offers the Products for sale to customers.
1.4 “Wellbeing Outlet” or “Wellbeing Outlets” shall mean the physical retail presence of WB.
1.5 “Intellectual Property” shall mean without limitation, all present and future copyright, trademarks, trade secrets, service marks, patents, design rights and all other forms of intellectual property rights existing in the world (whether or not registered or registrable by any means) relating to any inventions, literary and artistic works, symbols, names, images and designs as well as the right to file an application for registration and protection of the same.
1.6 “Order” or “Orders” shall mean the order(s) submitted by you to purchase any Product(s) on Wellbeing Online from your User Account.
1.7 “User Account” shall mean your access to Wellbeing Online under your registration.
1.8 "Product" or "Products" shall mean any and all the products offered for sale on Wellbeing Online and/or any samples which may be offered free-of-charge by WB from time to time.
1.9 “Service” OR “Services” shall mean and all services provided and/or offered on Wellbeing Online, whether or not in return for remuneration.
1.10 "T&C" shall mean the terms and conditions contained herein including any modifications and amendments or additions thereto from time to time.
2. PRODUCT, SERVICES AND INFORMATION
2.1 All Products and Services on Wellbeing Online are solely for personal use only. You shall not sell or resell any of the Products and Services you purchase or otherwise receive from us at all. WB reserves all rights to cancel or reduce the quantity of any Order placed by you through Wellbeing Online in the event we suspect, at our absolute and sole discretion, that you may or are in violation of our T&C.
2.1.1 All Products and Services can be ordered only within Malaysia and such other areas as WB may prescribe from time to time. For more information, you can refer to our Delivery Policy.
2.1.2 By purchasing and/or receiving the Products and Services, you confirm that you are legally allowed to use such Products and Services and in the event the usage of such Products or Services requires endorsement and/or recommendation from a medical professional, you confirm that you have already acquired such endorsement and/o recommendation.
2.1.3 Reference to any Products or Services by their trade name, brand name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by WB or Wellbeing Online.
2.1.4 All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
2.2 WB reserves all rights to set credit limits for individual Customers and/or to limit sales and quantities of Products and/or Services including the right to prohibit sales to re-sellers and to revise, suspend or discontinue a Product, Service, sale or promotion at any time without prior notice.
2.3 Use of Wellbeing Online is not meant to be a substitute for professional medical advice. All information presented on Wellbeing Online is intended to be used for personal educational or informational purposes only, and are not intended to diagnose, treat, cure or prevent any condition or disease. You are strongly advised to consult with a professional medical practitioner regarding:
2.3.1 the use of any Products, Services and/or information on Wellbeing Online before using or relying on them; and
2.3.2 any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.
2.4 While we try to provide accurate information at all times in relation to the descriptions, pricing, promotions, offers, and availability of Products and/or Services or information on Wellbeing Online, there may be occasional typographical errors, inaccuracies, or omissions. WB reserves all right to correct, amend and/or update any errors, inaccuracies, omissions and information or cancel orders if the same is found to be inaccurate at any time without prior notice (including after you have submitted your Order).
2.5 All pictures and images of the Products displayed on this site are for illustration purposes in order to help the Customer to recognise the Products only. The actual size, dimension and colour of the Products may be different and may not reflect exactly on the Products you receive due to the monitor you use as well as packaging redesign and improvements.
2.6 All the Products sold on Wellbeing Online are sold subject to these Terms and Conditions. By submitting your Order for processing by Wellbeing Online, you confirm and affirm that you have read, understood, agreed and accepted to the Terms and Conditions in the form in which they appear at the time your Order is submitted for processing.
2.7 Neither the materials nor any information contained on Wellbeing Online constitute a solicitation or a warrant. Such materials and information are provided for information purposes only and may be modified, deleted or replaced from time to time and at any time at WB’s sole and absolute discretion.
3. REGISTRATION AND ACCOUNT SECURITY
3.1 To register with Wellbeing Online, you shall complete the registration process according to our requirements as stated on Wellbeing Online including but not limited to:
3.1.1 ensuring you are a resident in Malaysia aged 18 and above;
3.1.2 providing accurate, complete and up to date registration information as requested (in the event any information provided is found to be untrue, inaccurate, not current or incomplete at the material time, WB shall have the absolute right to suspend or terminate your registration and/or refuse any and all your current or future use of Wellbeing Online); and
3.1.3 safeguarding your User Account and notifying WB immediately in the event you notice and/or suspect find any unauthorised use of your User Account;
3.2 Once you have completed and submitted your registration:
3.2.1 you shall be deemed to have opted in to receive email communication and/or text message from WB and you shall be responsible for all charges imposed by your mobile phone carrier (if any); and
3.2.2 you authorise us to assume any person using Wellbeing Online with your User Account is either you or is authorised to act for and on behalf of you. Further, you accept responsibility for all activities that occur through Wellbeing Online using your User Account and you irrevocably agree to indemnify WB for all claims, damages whatsoever made by any third party arising from such actions.
3.3 If you access and use Wellbeing Online on behalf of another person, you represent that you have the authority to bind that person as the principal to these T&C. To the extent that you do not have such authority, you agree to be bound to these T&C and you accept liability for harm caused by any wrongful use of Wellbeing Online and the contents therein.
3.4 Notwithstanding the above, WB shall have the sole and absolute discretion to refuse registration of a potential Customer and to terminate the registration of any Customer for any reason whatsoever without prior notice.
4.1 You may place your Order on Wellbeing Online at www.wellbeing.com.my.
4.2 After placement of your Order, you will receive an acknowledgement receipt of your Order by such means as WB may deem appropriate. For the avoidance of doubt, such acknowledgement receipt of Order does not constitute confirmation of acceptance of Order.
4.3 All Orders are subject to our acceptance at our sole and absolute discretion and stock availability. All orders are subject to confirmation of final availability and WB reserves the right to reject the Order in the event that any of the Products or Services requested is unavailable.
4.4 Until the time when we accept your order, we reserve all rights to refuse to process your Order and you reserve the right to cancel your Order.
4.5 The inclusion of any Products or Services on Wellbeing Online at a particular time does not guarantee that the Products or Services will be available at all times. WB shall make every effort to fulfil any Orders, but we shall not be in any way liable to any person in the event WB shall decline to accept all or part of an Order for whatsoever reason, including but not limited to an unforeseen change to the Products or Services (as the case may be), or because the Products or Services may be unavailable.
5.1 Unless otherwise stated, all prices quoted are in Malaysia Ringgit. Where applicable, you shall be charged according to the prices stated on Wellbeing Online and such other miscellaneous charges such as delivery charges, administrative charges and service charges, inclusive of goods and service tax (GST).
5.2 The prices advertised on Wellbeing Online are for home delivery shopping only and they may differ from those charges at Wellbeing Outlets.
5.3 We shall make every effort to ensure that the prices, information and sizes of Products and/or Services displayed on Wellbeing Online are up to date and that the same is in stock.
5.3.1 Prices are subject to change without prior notice based on market price fluctuation and promotions
5.3.2 We shall make every effort to ensure products displayed on Wellbeing Online are in stock. If from time to time Products or Services become out of stock, WB reserves all rights to offer alternative Product and/or Service of similar value and range.
5.3.3 Not all Products sizes will correspond exactly to the description offered by Wellbeing Online. WB reserves all rights to provide the nearest size of Product at the nearest price subject to the availability of Products.
5.4 There may be discrepancies between price of the Order and the final invoice due to out-of-stock issues, substitutions, special offers and/or daily price changes. WB reserves the right to adjust the final invoice as appropriate in such event.
5.5 In the event of different special offers or promotions being made available simultaneously for the same Product, the Customer may only select one such offer or promotion per Product but shall not be entitled to a combination of all such offers or promotions per Product.
6.1 Once you have placed your Order, you will be notified of the charges which you must pay including such other miscellaneous charges such as delivery charges, administrative charges and service charges, inclusive of goods and service tax (GST)
6.2 You shall pay for the Order in full at the time of ordering by supplying us with your credit card details from a credit card company acceptable to us, which we require in order to process your Order.
6.2.1 Cash on delivery is not acceptable.
6.2.2 Payment for your Order can be made by a valid VISA or MasterCard only.
6.2.3 Wellbeing shall not be liable for any credit card fraud.
6.3 All payment in respect of an Order must be cleared before delivery of the Products. If the payment cannot be processed, the Order shall be rejected immediately and you are advised to contact its card issuer to resolve any problem concerning the use of your credit card in order to continue with the Order.
6.4 In the event payment for an Order has been made but the Order is rejected by WB or cancelled by the Customer before acceptance of the Order by WB, you will be entitled for your refund but the receipt of the refund will depend on the period of time your financial institution takes to finalise the refund. WB shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in your financial institution processing the said refund.
6.5 We reserve all rights to change the payment terms and/or method for any Order at our sole and absolute discretion without prior notice.
7. Delivery Policy
7.1 Your Order will be delivered to you through the use of a reputable courier service company of our choice.
7.2 While we take pride in our promise to deliver Products of acceptable quality to you but we are unable to guarantee any firm delivery time or dates upon Order due to the use of an external courier service company. As such, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.3 Delivery service is applicable to Malaysia only but this may be extended in the future based on WB’s sole and absolute discretion.
7.3.1 For order placed before 12 noon, please allow five (5) working days for Peninsular Malaysia and eight (8) working days for East Malaysia including Labuan for delivery from date of our confirmation of acceptance of your Order.
7.3.2 Kindly note that we will not accept delivery to a P.O. Box address and it might not be possible for delivery to some locations in certain circumstances. In the event this happens, we may contact you to arrange for cancellation of the Order or delivery to an alternative address.
7.3.3 No delivery services shall be available on the relevant Malaysian states rest day(s) (Friday, Saturday or Sunday as the case may be) and on Malaysian public holidays.
7.3.4 In the event of a change of delivery address and/or contact number, you shall notify WB immediately.
7.4 Delivery Charges will be calculated based on the weight and/or value of the Order received as below:
For Orders weighing 3kg or less per delivery per location
For Orders weighing more than 3kg per delivery per location
RM10.00 for the first 3kg and RM1.00 for every additional kg or any part thereof
For Orders more than RM300.00 (excluding GST and any other miscellaneous charges)
For Orders weighing 3kg or less per delivery per location
For Orders weighing more than 3kg per delivery per location
RM45.00 for the first 3kg and RM9.00 for every additional kg or any part thereof
For Orders more than RM400.00 (excluding GST and any other miscellaneous charges)
7.5 On delivery of your Order:
7.5.1 in the event you are not personally available to accept delivery, a representative may accept delivery on your behalf provided always that such representative must be over 18 years of age and capable of receiving the delivery;
7.5.2 all deliveries must be received by an adult over 18 years of age so you or your representative may be required to produce proof of identity on delivery or collection of Products;
7.5.3 you or your representative shall examine the goods immediately for any deficiencies and/or damages before signing for delivery as all risk in the product shall pass to you upon delivery; and
7.5.4 you or your representative shall sign off all deliveries on the delivery invoices or such other documents as WB deemed appropriate.
7.6 In the event the first delivery is unsuccessful:
7.6.1 a notification card may be left at the delivery address with instruction for either re-delivery or collection from the courier service company or selected Wellbeing Outlets (as the case may be);
7.6.2 if collection from Wellbeing Outlet is not possible or if delivery is delayed due to your undue delay or unreasonable refusal to accept delivery or if you refuse to collect the Products within seven (7) days from the date of second notification, the Order shall be deemed void and has no further effect and you shall bear all the relevant cost incurred by WB (including but not limited to the storage fees, delivery cost and administrative charges); and
7.6.3 if you request for redelivery, we shall be entitled to charge you for such redelivery.
7.7 WB reserves the right to withhold or decline delivery of the Products at our sole and absolute discretion.
8. CANCELLATION OF ORDER
8.1 You may cancel the Order up to the point in time before we confirm acceptance of the Order and you will not incur any cost in doing so. You are not allowed to cancel the order once the Order is confirmed and accepted.
8.2 If you wish to vary your Order, you are required to first cancel the initial Order and to replace it with a new Order thereafter. Such cancellation and/or variation of Order is only allowed if done and notified to WB within 24 hours from the initial Order.
8.3 If a Product is not available for any reason:
8.3.1 we may cancel the Order for such Product and notify you of the same; or
8.3.2 we may substitute a Product for another similar Product subject to your consent and if you do not consent to such substitution, the Order for such Product shall be cancelled without further notice.
Refund of payment made for such Product shall be credited into your credit card account depending on the period of time your financial institution required to arrange for the refund.
9. PROPERTY RISK
9.1 All risk in the Products shall pass to the Customer upon delivery but WB shall retain title in the Products until such time as payment for the Products has been effected.
10. RETURN AND REFUND POLICY
10.1 This Return and Refund policy is only applicable for home delivery shopping via Wellbeing Online only and only in the following situations:
10.1.1 in the event the Product is defective or damaged;
10.1.2 in the event the Product has expired;
10.1.3 in the event there is a discrepancy between the Products delivered and the Order you placed;
10.1.4 in the event a Product is ordered and invoiced but not included in the delivery;
10.1.5 in the event any Product which was not in your Order but delivered to you; and
10.1.6 in the event you have been charged more than the value of the Product at the time you make the Order.
10.2 You shall examine the Products delivered to you immediately on for any deficiencies and/or damages.
10.2.1 If any of the above situations arise, you will need to notify us by completing our online Return/Refund Request Form available on Wellbeing Online within seven (7) days of your delivery of your Order.
10.2.2 In the event you fail to notify us within the given timeline, we reserve all rights to refuse your request for return and/or refund.
10.2.3 Once the online form is submitted, we will contact you within fourteen (14) days regarding your next step and our procedures for return and refund.
10.3 For a return to be accepted:
10.3.1 you must keep your original receipt/tax invoice as proof of purchase as a valid receipt/tax invoice will be required for the return; and
10.3.2 you must ensure that the Product(s) to be returned is not be used and must be kept in its original condition, quantity and packaging.
10.4 Depending on your location, you may opt to return the Product to any Wellbeing Outlets within Malaysia or sending the Product back to us by registered post via a reliable courier service at your own expense to the following address:
LOT G-03 G-03A & G-05, GROUND FLOOR
AMAN CENTRAL, NO1, LEBUHRAYA DARUL AMAN
05100 ALOR SETAR, KEDAH, MALAYSIA
10.5 You shall be responsible for the risks and condition of the Product to be returned until it reaches us. We will not be liable for any loss or damage to the Product or its box or its original packaging to be returned prior to us receiving the Product. As such, you are advised to safely pack safely the Product to prevent any such loss or damage.
10.6 Replacement or exchange of Product shall depend on the reason for the return of the Product and subject to stock availability. You shall be responsible for the delivery costs of such replacement or exchange.
10.7 The return of a Product does not automatically warrant for a refund. Whether you are entitled to a refund and how your refund is issued may differ depending on the condition of the Product returned, how long you have had the Product and how the Product was purchased. We reserve the right to limit or refuse a refund based on our sole and absolute discretion.
10.8 In the event a refund is due to you, this will be credited to you in the form of cash or in kind within sixty (60) working days from the approved return date and depending on your appointed bank refund policy.
10.9 Your receipt of the refund may be delayed depending on the period of time taken by your appointed bank to finalise the refund. WB shall not be liable for any loss, damage, cost or expense that you or any person may incur as a result of such delay.
11.1 To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products and/or Services offered and/or supplied, are expressly excluded.
11.2 No agent or representative of WB is authorized to make any warranties, representations or statements regarding the Products and/or Services and WB shall not in any way be bound by any such unauthorized warranties, representations or statements.
12.1 WB’s liability whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products and/or Services or any other breach of WB’s obligations herein shall not in any event exceed an amount equivalent to the price of the Products and/or Services.
12.2 Subject to any rights under any consumer protection law and to the fullest extent permitted by law, WB, its parent, subsidiaries, affiliates or successors or their respective officers, directors, employees, agents, representatives, contractors or vendors shall not be liable to the Customer or any other person for any consequential, indirect or special damage or loss of any kind whatsoever or for any damage or loss caused by the Customer's servants, agents, buyers or other persons whatsoever.
12.3 The Customer shall use their best endeavours to ensure that the Products and/or Services are not used for any purpose for which they are not suitable and to use all necessary skills and care in handling and using the Products and/or Services. The Customer expressly acknowledges and agrees that WB assumes no obligation or liability for any advice or information given with the Products and/or Services and WB shall not be responsible in any way for any inaccuracy or misstatement of any such information. The Products and/or Services shall be accepted by the Customer entirely at the Customer's own risk.
13. INTELLECTUAL PROPERTY
13.1 All Intellectual Property rights on Wellbeing Online and any contents therein are owned by or licensed for use to WB and are protected by Malaysian and international intellectual property laws. Nothing in these T&C constitutes a transfer of any Intellectual Property rights. No copying, reproduction, republication, upload, download, post, transmission, storage in retrieval system, modification, alteration or display in public or distribution in any way or otherwise usage or dealing with such Intellectual Property rights for any purpose is permitted without the prior written permission of WB.
13.2 WB and its third party provider own the trade marks, logos and service marks displayed on Wellbeing Online and/or in connection with the Products and/or Services. The Customers and on-line visitors are prohibited from using the same without the written permission of WB or such other parties. No right or license is given to any party accessing Wellbeing Online to use or reproduce in any manner any such marks or logos whether for public, personal or commercial purpose and WB will not hesitate to enforce its right against such parties.
13.3 No person, whether an individual or a body corporate, shall create or establish a hyperlink to Wellbeing Online by hypertext reference or imaging without WB’s prior written permission.
14. FORCE MAJEURE
14.1 WB shall not be liable for any delay or failure in the performance of its obligations under Wellbeing Online due to force majeure (including but not limited to prevention due to epidemic, fire, explosion, casualty, accident, storm, flood, drought, weather conditions, earthquake, act of God or other natural disaster or any law, order, proclamation, regulation, demand or requirement of the Malaysian government of Malaysia or of any of its government agencies, insurrection, riot, civil commotion, war, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products and/or Services or raw materials, mechanical breakdown, delay in transit, failure or problems with public utility supplies including electrical, telecommunication or Internet failure or other causes whatsoever beyond the WB’s control).
15. VARIATION OF TERMS AND CONDITIONS
15.1 WB reserves the right to amend these T&C at any time without notice in its sole and absolute discretion. It is the Customer's responsibility to review the latest version of the T&C as published on Wellbeing Online at the material time prior to submitting any Order.
16. DISCLAIMER NOTICE
16.1 This notice applies to the use of Wellbeing Online, all information stored on or receivable through Wellbeing Online and any Products and/or Services offered, accessed or obtained through Wellbeing Online or Wellbeing Outlets by you and limits the liability of WB and its associated companies, subsidiaries, employees, agents, contractors and any third party information provider in relation to any use of the same.
16.2 By accessing and using Wellbeing Online, you acknowledge and accept that the use of the site is at your own risk. Subject to any rights you may have under any consumer protection law and to the fullest extent permitted by law, Wellbeing shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing:
WELLBEING ONLINE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT AS WELL AS ALL PRODUCTS AND SERVICES OFFERED IN IT (COLLECTIVLY, “CONTENTS”) ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT. WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR MISSTATEMENT IN THE CONTENTS OF THE SITE. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE FULLEST EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO WELLBEING ONLINE OR ANY RELIANCE ON THE CONTENTS ON WELLEBING ONLINE OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CATALOGUE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM WELLBEING ONLINE. WE HAVE NO RESPONSIBILITY TO ENSURE THAT THE CONTENTS ON WELLBEING ONLINE WILL NOT BE OBJECTIONABLE OR OFFENSIVE TO YOU OR ANY OTHER PERSON.
16.3 In addition to the general disclaimer above:
16.3.1 Wellbeing Online may contain links to other sites and/or pages which are not maintained or controlled by Wellbeing and the contents of which WB has no direct control and is not responsible for. When you activate any of these links or pages you leave Wellbeing Online and access to such site or page is at your own risk for which WB disclaims all responsibility and liability. In the event a third party link is installed on Wellbeing Online without our prior written consent, WB reserves all rights to remove such link without further notice.
16.3.2 WB further disclaims all responsibility and liability to information or materials posted by advertisers or sponsors on Wellbeing Online. WB does not endorse or recommend any person, organisation, name, product or service referred to in Wellbeing Online, nor does any information or material on Wellbeing Online constitute WB's views or opinions. WB shall not be a party to any transaction between you and any third person in any way relating to such information or material unless and only to the extent expressly stated in writing.
16.3.3 To the extent permitted by law, WB disclaims all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on Wellbeing Online and WB takes no responsibility and assumes no liability for the content of Wellbeing Online or anything posted on or linked to it.
16.3.4 While WB takes reasonable steps to maintain confidentiality, we do not warrant and accept no responsibility for the confidentiality of any information or data whether personal or otherwise transmitted through Wellbeing Online.
16.4 In consideration of WB allowing you access to Wellbeing Online, you agree:
16.4.1 not to carry out or allow any acts which may or will infringe on any Intellectual Property rights belonging to WB or as licensed to WB for use;
16.4.2 not to use Wellbeing Online or the materials and information contained therein for any illegal, improper, obscene or defamatory purpose;
16.4.3 not to circumvent, disable or otherwise interfere with or disrupt the use and availability of as well as any security-related features of Wellbeing Online or servers or networks connected to Wellbeing Online in any way whatsoever;
16.4.4 to ensure that all information and contents which you provide on Wellbeing Online and/or to WB is true and accurate to the best of your knowledge at all material time;
16.4.5 to be solely responsible for all contents that you upload, post, email or otherwise transmit via or to Wellbeing Online and to ensure that such contents are in compliance to these T&C and such guidelines, rules and/or regulations which may be imposed by WB from time to time;
16.4.6 to grant WB a worldwide, perpetual, irrevocable, royalty-free, sub-licenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute any contents that you upload, post, email or otherwise transmit via or to Wellbeing Online and/or incorporate such contents into any form, medium or technology whether now or hereafter known throughout the world without compensation to you – this license will survive the termination of these T&C and your use of Wellbeing Online;
16.4.7 to WB conducting research on access to the information you provide;
16.4.8 to all WB’s disclaimers and limitations of liability set out in this notice;
16.4.9 to WB’s personal data policies current from time to time applying; and
16.4.10 to hold WB harmless and indemnify WB against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of and access to WB, your violation and/or breach of the T&C, your violation of any law or the rights of a third party (including but not limited to any Intellectual Property rights), and/or any claim that any content or information you submitted on Wellbeing Online or to WB having caused damage to a third party, and/or as a result of your negligence.
17.1 We are committed to safeguarding your privacy and ensuring that your personal data is protected. We therefore make sure that our policies and practices in relation to personal data comply with the requirements of the Personal Data Protection Act 2010 (the “Act”) under the laws of Malaysia.
17.3 This Policy applies to Wellbeing Online and to Personal Data collected about you by WB. We shall keep your Personal Data confidential at all times. Our policies and practices with respect to the collection, use, retention, disclosure, transfer, security and access of Personal Data will be in accordance with the laws of Malaysia and are as set out below.
17.4 By using Wellbeing Online, you are agreeing to the terms of this Policy. If you do not agree with any term of this Policy, please do not use Wellbeing Online.
17.5.1 When you visit Wellbeing Online, we will record your visit only and will not collect any Personal Data from you unless otherwise stated and/or requested.
(ii) You may refuse to accept Cookies (by modifying the relevant Internet options or browsing preferences of your computer system), but if you do so you may not be able to utilize or activate certain available functions on Wellbeing Online.
17.5.2 However, at times, you may be asked to provide your Personal Data (including but not limited to your name, gender, age, telephone number, fax number, home address, email address, credit card information, bank account number, education level, occupation, household income, interests and favourite activities, etc) in order to enjoy Wellbeing Online or any services we may offer or to take part in any contests which we may organise. If your Personal Data is incomplete or incorrect, we may not be able to provide or continue to provide such services to you and/or you may not be able to participate in any such contests.
17.5.3 If you are under 18 years of age, you may browse Wellbeing Online. However, you may not provide personal information to us without first seeking parental consent. If you choose to provide us with your personal data, we shall assume that the prior consent of your parent/legal guardian has been obtained.
17.6 USE OF PERSONAL DATA COLLECTED
17.6.1 By providing any of your Personal Data to WB via Wellbeing Online or otherwise, you agree that such Personal Data may be used and retained by us for the following purposes and for other purposes as may be agreed between you and us or required by law from time to time:
(i) providing you with services under any businesses of WB as well as with regular communications from us with details of such services and its benefits;
(ii) the normal management, operation and maintenance of the performance of such services;
(iii) analyzing, verifying and/or checking your credit, payment and/or status in relation to the provision of such services;
(iv) processing your application under any programmes by WB as well as any payment instructions, direct debit facilities and/or credit facilities requested by you;
(v) enabling the daily operation of your account and/or the collection of amounts outstanding in your account in relation to the services;
(vi) carrying out data sorting and analysis to enable us to better understand your characteristics and buying behaviour and to provide other services better tailored to your needs, and to assist us in selecting and/or marketing goods and services that are likely to be of interest to you;
(vii) conducting research on new goods and services for you;
(viii) carrying out matching procedure in accordance with the law;
(ix) notifying you of special offers or new products, services, updates and promotions;
(x) performing statistical and analysis of your behaviour and characteristics in order to measure interest in and use of the various areas of Wellbeing Online and providing this information to advertisers together with information as to the number of users that have been exposed to or clicked on their banners;
(xi) investigation of complaints and suspected suspicious transactions as well as prevention or detection of crime; and
(xii) making such disclosures as may be required for any of the above purposes or by law.
17.6.2 You further agree that WB may disclose and transfer (whether in Malaysia or abroad) to WB's agents, contractors, partners, advertisers, network operators, associated companies, any relevant financial institutions, any other persons under a duty of confidentiality to WB, any company within its group, any referee whose details are provided by you and any of WB's actual or proposed assignees or transferees of WB's rights with respect to you to use, disclose, hold, process, retain or transfer such Personal Data for the purposes above for and on behalf of WB.
17.6.3 We may also use your Personal Data to send you promotional information about other third parties which we think you may find interesting. If you do not want to receive such information or for us to disclose, transfer or use your Personal Data for any of the purposes above, you may contact us in writing at the address set out in below.
17.6.4 Any Personal Data supplied by you will be retained by WB as long as necessary for the fulfilment of the purposes above or is required to satisfy legal regulatory, accounting requirements or to protect WB’s interests.
17.7 SAFETY OF PERSONAL DATA
17.7.1 We maintain appropriate administrative, technical and physical safeguards to protect your Personal Data against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing.
17.7.2 All reasonable efforts and practical steps are made to ensure that any Personal Data held by WB is kept up-to-date and is protected against any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction.
17.7.3 Wellbeing Online may contain links to other sites and pages. By activating a link, such as for example by clicking on the banner of an advertiser, you leave Wellbeing Online and WB does not exercise control over any Personal Data or any other information you give to any other entity after you have left Wellbeing Online. As such, we cannot and shall not be responsible for the protection and privacy of any information which you provide once you have left Wellbeing Online. You should exercise caution and look at the privacy statement for the website you visit.
17.8.1 Personal Data held by WB will be kept confidential in accordance with this Policy pursuant to any applicable law that may from time to time be in force.
17.8.2 Any contents, questions, comments, suggestions, or information other than Personal Data sent or posted to Wellbeing Online, or any part of Wellbeing Online by visitors will be deemed voluntarily provided to WB on a non-confidential and non-proprietary basis. WB reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company for example, in connection with the development, manufacture and marketing of products and services and to meet customer needs.
17.9 RIGHT OF ACCESS TO PERSONAL DATA
17.9.1 Under the Act, you have the right of access to your Personal Data held by WB on payment of a prescribed fee and to request correction of the Personal Data that is inaccurate, incomplete, misleading or not up-to-date.
17.9.2 If you have any questions regarding this Policy or if you wish to request access to your Personal Data or if you wish to correct your Personal Data or if you wish to withdraw your consent to WB for the processing of your Personal Data for the purposes above or for the transfer of your Personal Data to the third parties, you may send your request in writing at the following address:
WB HEALTH AND BEAUTY SDN.BHD
298, KAWASAN PERINDUSTRIAN MERGONG 2,
LORONG PERAK 14, JALAN SEBERANG PUTRA
05150 ALOR SETAR,
17.9.3 In the event you withdraw your consent to WB for the processing of your Personal Data, WB shall then cease to process your Personal Data upon receiving your aforesaid withdrawal request wherein your approved application or request to WB for any of the purposes above may be cancelled.
18.1 WB reserves the right to modify, discontinue or disable Wellbeing Online or any part of Wellbeing Online at any time, either on a permanent or temporary basis, without further notice.
18.2 These T&C shall prevail over any other document purporting to have a contractual effect including any store policy of any Wellbeing Outlets.
18.3 You agree that WB reserves the right to amend these T&C at any time, in its sole and absolute discretion, by posting any such amendment(s) to Wellbeing Online without prior and separate notice. Your continued use of Wellbeing Online or any part of it after amendment to these terms and conditions is posted will be deemed as full knowledge and acceptance of the revised T&C. If you do not agree to any such amendment(s), your sole recourse shall be to cease using Wellbeing Online immediately.
18.4 If any provision or any part of any provision of these T&C is or becomes illegal, void prohibited or unenforceable in any respect, only such T&C shall be ineffective and the legality, validity and enforceability of the remaining provisions of these T&C shall not be affected or impaired in any way whatsoever.
18.5 Knowledge or acquiescence by WB of or in any breach of any of the T&C shall not operate as or be deemed to be waiver of such T&C. Notwithstanding such knowledge or acquiescence or indulgence, WB shall be entitled to exercise its rights under these T&C and to require strict performance by you of the T&C.
18.6 No failure on the part of WB to exercise, and no delay on WB’s part in exercising, any right or remedy under these T&C shall operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude WB for further exercise thereof or the exercise of any other right or remedy.
18.7 These T&C shall be governed by and construed in accordance with the laws of Malaysia. You irrevocably submit to the exclusive jurisdiction of the Malaysian Courts and waive any objection to any legal actions or proceedings arising out of or in connection with these T&C in any such Court on the grounds of venue or on the grounds that such actions or proceedings have been brought in an inconvenient forum.