Syarat Penggunaan

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and BIO YOUNG Wellness Sdn Bhd (“we,” “us” or “our”), concerning your access to and use of the www.bioyoungwellness.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental Terms of Use or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

BIO YOUNG Wellness may change, revise and/or amend the Terms of Use at anytime. The changes, revisions and/or amendments shall be effective immediately upon notice to you, which may be given to you by any means. Your continued use of it is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Dasar Privasi

Please view BIO YOUNG Wellness’s Privacy Policy (as amended by us from time to time) which is a part of this Terms of Use where it relates to the collection and use of your personal information through or in connection with BIO YOUNG Wellness. You understand that through your usage of this site, you consent to the collection and use of your personal information as set forth in BIO YOUNG Wellness Privacy Policy.

Scope Of Use By User

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.activation.

Subject to the terms and conditions of this Terms of Use, BIO YOUNG Wellness grants you a limited, non-transferable, non-exclusive and revocable license to view, use and download a single copy of THE SITE for your informational and restricted use only on any device that you own or control and as permitted by THE SITE download center’s or store’s relevant terms and conditions. You shall not use THE SITE on any device that you do not own or control.

You shall not either directly and/or indirectly rent, lease, lend, sell, redistribute, or sublicense THE SITE. You shall not either directly and/or indirectly copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of THE SITE, any updates, or any part thereof. Any attempt to do so is a violation of the rights of BIO YOUNG Wellness and/or its licensors. You shall not use THE SITE for any purpose: (a) which would be contrary to BIO YOUNG Wellness’s business interest, or (b) to BIO YOUNG Wellness’s actual or potential economic disadvantage in any respect, including but not limited to using THE SITE to develop a competing application. All rights not specifically and expressly granted hereunder are reserved by BIO YOUNG Wellness and you shall bear all losses, damages, liabilities, charges, expenses and costs (including but not limited to, solicitor’s fees and expenses in connection with any action, suit or proceedings) of any nature or kind incurred or suffered by BIO YOUNG Wellness as a result of any breach by you of this Terms of Use.

THE SITE is licensed to users only and not sold. You derive no title as to ownership in THE SITE and should not be construed as a sale of any rights in or to THE SITE. BIO YOUNG Wellness may terminate, change, suspend, and/or discontinue any aspect of THE SITE, including the availability of any features of THE SITE, at any time with or without giving any prior notice to you and in BIO YOUNG Wellness’s sole discretion.

Referral

Your may participate in the membership referral program by referring new members to make purchases on THE SITE. You are entitled to earn a share of every profit from every purchases made by these new members. Each user shall only have one referral.

The Site

THE SITE can be accessed globally and can be used beyond the geographical boundaries of Malaysia at such areas as designated by BIO YOUNG Wellness.

In the event you have downloaded and installed THE SITE but have not subscribed for participation in the THE SITE Program, you are permitted only to view the deals presented in THE SITE but shall not, until the subscription and participation in the THE SITE Program has been approved/accepted, be entitled to access or enjoy the benefits or privileges of the THE SITE Program.

Balances Prior To Termination

In the event of termination at any time for any reason whatsoever, you acknowledge, agree and understand that all the rights and entitlements attached shall be revoked and cease to exist including but not limited to the following:-

The account will be terminated and no longer exist in THE SITE;
All unclaimed balances and points in your wallet in THE SITE shall be forfeited and extinguished and no claims shall be made thereon; AND
All vouchers and/or other benefits/entitlements shall be cancelled and extinguished and no claims shall be made thereon.

You hereby agree that you shall not be entitled to claim for any damages or compensations from BIO YOUNG Wellness due to such suspension, revocation or termination of your participation in THE SITE permanently or temporarily.

Trademarks

“BIO YOUNG Wellness Marks” means all the trademarks, marks, brand names and logos of BIO YOUNG Wellness as used in THE SITE and all other trademarks, marks, brand names, logos and other commercial symbols used in connection with BIO YOUNG Wellness ‘s or its affiliates’ business. All BIO YOUNG Wellness Marks are the exclusive property of BIO YOUNG Wellness, its affiliates or third-party licensors. This Agreement does not authorize you to use any BIO YOUNG Wellness Marks, and you agree not to use any BIO YOUNG Wellness Marks in any manner without the prior written consent of BIO YOUNG Wellness, which consent may be withheld in the sole discretion of BIO YOUNG Wellness. Unauthorized use of any BIO YOUNG Wellness Marks may be a violation of Malaysian intellectual property laws.

Links To Third Party Websites

THE SITE contains links to other websites that provide services related to THE SITE (such as payment processing services) or that you may find useful and informative. These other websites are not under the control of BIO YOUNG Wellness, and you acknowledge and agree that BIO YOUNG Wellness is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such websites. The inclusion of such a link does not imply endorsement of the website by BIO YOUNG Wellness or any association with its operators, and BIO YOUNG Wellness disclaims all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.

Third Party Service Providers

In addition, THE SITE may engage third party authorized service providers to provide services to BIO YOUNG Wellness for your use of THE SITE, including but not limited to payment processing services. By downloading, installing and/or using THE SITE, you acknowledge and agree that any purchases you make through THE SITE, and any interactions you have with any such authorized service providers, will be subject to and treated in accordance with the terms of use and privacy policies of such authorized service providers, which policies are made available to you by the links provided in the applicable portions of THE SITE. BIO YOUNG Wellness strongly urges you to review all such policies before purchasing products through THE SITE or interacting with a third-party service provider. BIO YOUNG Wellness shall not be responsible for any loss, misuse, unauthorised access or disclosure of your personal data which is stored and handled by such third-party service providers.

Your Provision Of Personal Information To Bio Young Wellness

When you provide information about yourself to BIO YOUNG Wellness, you represent, warrant and undertake to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or BIO YOUNG Wellness has reasonable grounds to believe that such information is untrue, inaccurate, or incomplete, BIO YOUNG Wellness reserves the exclusive right to suspend and/or terminate any account you created in connection with your use of THE SITE and refuse all and/or any current or future use of THE SITE.

User Content On The Application

You understand that all information, data, or other materials that are posted on or transmitted in connection with THE SITE by any user (“User Content”) are the sole responsibility of the person from whom such User Content originated. This means that the user, and not BIO YOUNG Wellness, is responsible for all User Content that is uploaded, posted, emailed, transmitted or otherwise made available in connection with THE SITE.

BIO YOUNG Wellness does not control the User Content posted and, as such, shall not guarantee accuracy, integrity, or quality of such User Content. Under no circumstances shall BIO YOUNG Wellness be held liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available in connection with THE SITE.

Although BIO YOUNG Wellness does not pre-screen User Content, BIO YOUNG Wellness has the right, but not the obligation, to delete or move any User Content for any reason whatsoever. Without limiting the foregoing, BIO YOUNG Wellness has the right to remove any User Content if BIO YOUNG Wellness is of the view that such User Content may be inappropriate or violate this Terms of Use or any laws and regulations.

Your Grant Of Limited Licence

By posting or submitting User Content to THE SITE, you grant BIO YOUNG Wellness and its affiliates the right to use, reproduce, display, perform, adapt, modify, distribute, and promote the User Content in any form, anywhere and for any purpose, subject to BIO YOUNG Wellness ‘s Privacy Policy. You represent and warrant that you own or otherwise control all rights in and to any such User Content, and that public posting and use of your User Content by BIO YOUNG Wellness and its affiliates will not infringe or violate the rights of any third party.

Personal Data Consent And Use

The primary purpose of information collected through THE SITE is to provide you with access to our site, services, applications, and other features and to provide a safe, efficient and personalised experience to you. In furtherance, you hereby agree and consent that we may use any information on or from you for (without limitation) the following purposes:

Providing access, customer support as well as customization and personalization of our services
Order confirmation
Order delivery
Payment transaction process
Contacting you for troubleshooting, collection of payments, dispute resolution, market research, user experience enhancement or site development of THE SITE, so that we can continuously improve our services and/or meet your request on any products and services provided by THE SITE. For such interest, we will contact you by electronic mail (email) address. We will also use such information for customization and/or personalization of this website.
Providing information/sending promotional emails regularly to you if any offers and/or promotions on new products, special offer, or other information exist and we believe it would be of interest to you at THE SITE.
Collecting data on transactions between you and us and/or our merchants including information on your use of any products and services provided on THE SITE.
Internal notes/our administration including but not limited to comparison of information for accuracy, verification purposes and to provide such other services as you may have requested.

BIO YOUNG Wellness also provides services and products through third parties. These third party service providers perform a variety of functions on our behalf, like market research, customisation of user experience, sending out and distributing our administrative and promotional emails or text messages. You hereby agree and consent for our sharing of your personal information with such service providers in order for them to fulfil orders, deliver packages, send postal or email, administer contests or sweepstakes, remove repetitive information on customer lists, analyse data, provide marketing assistance, provide search results and links, process credit card payments, operate THE SITE, troubleshoot, and provide customer service. We may also collect personal information from individuals and companies (“Affiliates”) with whom we have business relationships and may share such information with service providers to accomplish our administrative tasks. For example, when you order a service, we release your credit card information to the card-issuing bank to confirm payment for the service and, if applicable, release your address to the delivery service to deliver the service. Likewise, we may release an Affiliate’s information to our bank to send out a payment.

This Privacy Policy only addresses the use and disclosure of information we collect from you on THE SITE. We will not share your information with any other organisations other than those appointed third parties directly related to the purposes above or purchase and/or delivery of the products that you have purchased from THE SITE. We reserve the right to disclose your information as required by law and when we believe such disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on us; enforce or apply our Privacy Policy, our Terms of Use or other agreements; or protect the rights, property or safety of THE SITE, our merchants and members and any other users of THE SITE.

All users expressly agree that the benefit of the agreement and consent herein shall accrue only to BIO YOUNG Wellness and the third parties that BIO YOUNG Wellness is expressly permitted to share any data or information with pursuant to these Terms of Use.

Registration And Passwords

THE SITE may permit or require you to register or obtain a password prior to permitting access to certain products or services available through THE SITE. You acknowledge and agree that you are responsible for updating your password regularly and to maintain the confidentiality of your own registration information and password, and for all uses of your password.

Disclaimer Of Warranties

THE SITE and all materials, information, software, products, and services included in or available through the site are provided “as is” and “as available” for your use. The site and all materials, information, software, products, and services included in or available through the site are provided without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, implied undertaking as to title, implied condition as to quality or fitness for a particular purpose, or non-infringement. Bio young wellnessand its affiliates do not warrant: (1) that the materials, information, software, products, and services included in or available through the site are accurate, reliable or correct; (2) that the site will be available at any particular time or location; (3) that any defects or errors will be corrected; or (4) that the site is free of viruses or other harmful components or any unauthorised access or disclosure. Your use of the site is at your sole risk.

Limitation Of Liability

Under no circumstances shall bio young wellness and its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of, or inability to use, the site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or other legal theory, even if bio young wellness has been advised of the possibility of such damages.

Bio young wellness does not warrant and represent that it assesses or monitors the suitability, legality, ability, movement or location of any users or service providers and you expressly waive and release bio young wellness from any and all liability, claims or damages arising from or in any way related to the service providers.

Bio young wellness will not be a party to disputes, or negotiations of disputes between you and the service providers. Responsibility for the decisions you make regarding the services nd products offered via the site (with all its implications) rests solely with and on you.

Indemnification

You agree to defend, indemnify and hold harmless BIO YOUNG Wellness, its affiliates, and their respective employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to any User Content you submit, post, transmit or make available through THE SITE, your violation of this Agreement, or your violation of any third-party’s rights.

Compliance With Laws

You agree to comply with all laws, rules and regulations applicable to your use of THE SITE.

Choice Of Law And Jurisdiction

This Agreement shall be interpreted and governed by the laws of Malaysia without regard to the conflicts of laws or rules of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of THE SITE shall be resolved in Malaysia and shall be referred to arbitration and the seat and venue of the arbitration shall be in Kuala Lumpur and the fees of the Arbitrator shall be borne equally by you and BIO YOUNG Wellness, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

Equitable Relief

You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and in addition to its rights and remedies otherwise available at law, BIO YOUNG Wellness shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If BIO YOUNG Wellness seeks any equitable remedies, it shall not be precluded or prevented from seeking remedies at law, nor shall it be deemed to have made an election of remedies.

Severability

If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be interpreted so as to accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

Wavier

Any waiver by BIO YOUNG Wellness of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by BIO YOUNG Wellness to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver.

Refund Policy

Good sold are not refundable but can be exchanged subject to the criteria as specified below

If you received incorrect items, missing items or damaged/defective items during delivery, you may report to the Bio Young Wellness (herein after referred to as The Company) within 7 days from the date of receiving the product.
The Company will arrange an exchange of product within 3 working days from the date of receiving the Returned Item, subject to stock availability. The Company will contact you to make necessary arrangement if it is out of stock. Any report receive after the 7 days will not be entertained.
Defective/damaged items and incorrect items can only be exchanged with the same item or correct item, or product with the same amount.
To be eligible for an exchange, your item must be unused and in the same condition that you have received. It must also be in it’s original packaging. We would require visual proof (picture) of the damage/defect during your first inspection of the item along with your Returns slip. All damaged / incorrect items must be returned to BIO YOUNG Wellness Sdn Bhd in order to be eligible for the Exchange.
Please email bioyoung.marketing@gmail.com to initiate the exchange with the subject as REQUEST FOR EXCHANGE. Our customer service representative will assist you with the Exchange and guide you through the process.

Exchange Policy

We inspect all of our items carefully before shipping. However, we understand that sometimes items can be damaged during delivery and shipment. We are able to replace your damaged item within 3 working days from the date of receiving your returned item. Photo evidence is required to be attached with your report.

Termination

BIO YOUNG Wellness reserves the right, in its sole discretion to terminate your access to all or part of THE SITE, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement and that BIO YOUNG Wellness shall not be required to compensate you for any suspension and/or termination.

V0.1 – 15/11/2021

Syarat Penggunaan