Life Factor Sdn Bhd (hereinafter referred to as “the Company”) hereby provides the terms, conditions and policies (hereinafter referred to as “the Policy”) of your usage of the website of lifefactor.my (hereinafter referred to as “the Website” which is an internet online shop owned and operated by the Company as follows:
1. GENERAL PROVISIONS
1.1 SCOPE OF POLICY - The Policy prescribes the relationship between the Company and users, in relation to the provisions of using the shopping service and the associated service (hereinafter both referred to as “the Service”) on the Website. Your access and use is conditional upon your acceptance and compliance with the Policy.
1.2 AGREEMENT AND MODIFATION OF THE POLICY
1.2.1 Upon accessing and/or using the Service or any materials on the Website, the user will be deemed to have accepted and agreed to be bound by the Policy.
1.2.2 The Company may amend and/or modify the Policy without prior consent of users when the Company deems that an amendment and/or modification is needed at its sole and absolute discretion. If the Policy is amended or modified, the Company shall announce it on its website or notify via email. The modification shall come into effect when it is announced or notified and your use of the Website following such amendment and/or modification shall constitute your acceptance to be bound by the same.
1.2.3 If a user suffers a loss due to the amendment and/or modification, the Company shall not bear any responsibility under any circumstances whatsoever and the user unconditionally agrees to hold the Company harmless from any such loss.
1.3 USE OF THE SERVICE - Upon using the Service, the user will be deemed to have irrevocably and unconditionally agreed to the Policy.
1.4 USER QUALIFICATION
1.4.1 A user of the Website must be a natural person over the age of eighteen (18) years of age with capacity to contract or a lawfully constituted legal entity formed in and authorized to carry on business in accordance with the laws of Malaysia.
1.4.2 Use of the Service is limited to a natural person of stipulated age, or a lawfully constituted legal entity and having a valid and subsisting email account.
1.5 TERMINATION OF THE SERVICE AND DELETION OF MEMBERSHIP REGISTRATION
1.5.1 The Company may suspend providing the Service, delete membership registration and take any other measures that the Company deems necessary without prior notification to the user when a user's act or default falls under one of the following cases;
220.127.116.11 The user fails to comply with the Policy at any time;
18.104.22.168 The user delays or defaults in paying any fees in respect of the Service, paying for purchases on or through the Website or fails in other contractual fulfillments in respect of any transactions undertaken through or on the Website;
22.214.171.124 The user carries out any act or default or permits any act or default in breach of Section 8.4 (Prohibited Matters) of the Policy;
126.96.36.199 The user acts in any manner that the Company considers, at its sole and absolute discretion, may lead to a violation of or is a violation of the Policy.
1.5.2 If any losses occur to the Company or any third parties due to a breach of the preceding clause by a user, the concerned user shall be liable for and shall compensate the Company and any third parties for all claims, proceedings, losses, costs expenses and monies whatsoever incurred or suffered by the Company and the said third parties (including legal fees on a solicitor-client basis). In the event of any inquiries, complaints or claims raised by third parties due to the breach, the user shall be solely responsible and liable to the said third parties to resolve such inquiry, complaint or claim at his/her own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.
1.6 CONTENTS OF PUBLICATION
1.6.1 User acknowledges and agrees that the Company does not guarantee the completeness and accuracy of any of the information or contents of the Website. A user shall use the Website at his/her own sole risk.
1.6.2 The Company has the absolute right to amend and/or modify, supplement, delete and/or repeal any of the contents published in the Website at its sole discretion.
1.7 INFORMATION PROCESSING - A user may not use any information obtained through the Service for any purpose other than transacting on or through the Website for any purpose without the prior written permission of the Company.
2. PRODUCT PURCHASE
2.1 PURCHASE OF PRODUCTS
2.1.1 A user is entitled to purchase products through the Service.
2.1.2 When a user wishes to purchase products, he/she shall order products according to the form the Company provides and this order is regarded as an application to the Company in the contract of product purchasing.
2.1.3 After a user orders products on the Website in the prescribed manner, the Website will send an E-mail to confirm the acceptance of the order and contents of the order. As for purchase of products, regardless of the form of payment and the form of delivery of the products, it is regarded that a contract of sales regarding the said ordered products between the user and the Company comes into force when the Company, corresponding to the order mentioned in the preceding clause, transfers the concerned products to a delivery company notwithstanding that the user’s obligation to make payment of the price of the products arises immediately from the confirmation of acceptance of the order.
2.2 TERMINATION OF SALES ORDERS
2.2.1 If any of the following cases happens, the Company may, without any liability whatsoever, cancel or terminate the said sales order confirmed according and pursuant to Clause 2.1.3 of the preceding article without prior notification:
188.8.131.52 The user fails to comply with the Policy at any time;
184.108.40.206 There has been a notice of payment denied from the debit card or credit card company designated by the concerned user;
220.127.116.11 An indication that the solvency of the user is in jeopardy or that the user may be unable to pay for the products ordered;
18.104.22.168 The products cannot be delivered due to an incorrect address or absence of the user at or about the time of expected or actual time of delivery;
22.214.171.124 A false or incorrect statement is found in the personal information provided by the user;
126.96.36.199 An order for products that would require an extended time to be received or to be produced due to any circumstances or reason whatsoever (User acknowledges and agrees that this may occur and includes a case where products were ready when the order was placed but are not so available afterwards or at or about the time of delivery);
188.8.131.52 The quantity of the order is beyond the limit of purchasable or available stock items;
184.108.40.206 The correct price of the products ordered is higher than the price displayed in the Website (the user acknowledges and agrees that the Company’s decision (at its discretion) on the applicable price shall be final and binding);
220.127.116.11 An order from a person with limited or no capacity to contract or an enterprise or entity not being duly and lawfully constituted and carrying on business in Malaysia has been accepted.
2.2.2 Besides the provisions mentioned in the preceding clause, the Company may cancel or terminate an order at any time and take any appropriate measures it deems appropriate if the Company is of the opinion that there is a dishonest act or an inappropriate act regarding or relating to the use of the Service.
2.2.3 In the event of the preceding two clauses, the user shall be liable for and the Company may claim from the user for all losses, expenses, costs and damages whatsoever incurred by the Company due to the cancellation of an order pursuant to the foregoing. The user acknowledges and agrees that the user shall not be entitled to claim for any losses, expenses, costs and damages whatsoever from the Company if he/she suffers losses due to the cancellation and hereby irrevocably waives any such claim.
2.3.1 Methods of payment for products purchased through the Service are provided by the Company and a user may choose a method of payment as provided when he/she orders the products. A change of method is not permitted once confirmed without the prior written consent of the Company.
2.3.2 A user shall pay all the fees including the shipping, processing, handling and other prescribed charges except as stated in website.
2.3.3 Payment by debit card or credit card shall be in accordance with the contract which is agreed between a user and his/her debit card or credit card company. If a dispute arises between the concerned user and the debit card or credit card company, it shall be resolved between the concerned parties and the Company shall not bear any responsibility in respect thereof.
2.4.1 The user acknowledges that delivery of products is outsourced by the Company and the Company shall not be responsible to the user for any delay or non-delivery of the Products. A user may check notifications on the Website relating to the date of delivery of the products. Information on the Website is only for reference and shall not be binding upon the Company. Delivery of products may be delayed in cases where the products are out of stock or cannot be delivered timely on holidays (including non-work days) of the Company, the suppliers and/or the delivery companies. The Company can provide no assurance or guarantee that deliveries will be made within a prescribed period.
2.4.2 Packing of orders shall be at the sole discretion of the Company and the Company reserves the right to pack orders in such manner as it deems appropriate and the costs thereof shall be borne by the user notwithstanding that multiple packages may be required.
2.4.3 Delivery is not only limited to the territory in Malaysia.
2.4.4 The Company reserves the absolute right to reject delivery to any location or place that the Company deems isolated or remote or outside the area of coverage having regard to the nature of the orders placed.
2.5 TRANSFER OF OWNERSHIP
2.5.1 Regardless of the methods of payment and forms of delivery, the ownership of all the products purchased through the Service is transferred to the user when the Company transfers possession of the products to a delivery company.
2.5.2 Risk in the products purchased shall vest in the user when the Company transfers possession of the products to a delivery company.
2.6 RETURN AND REPLACEMENT OF THE PRODUCTS
2.6.1 The Company accepts product returns and product replacements based on Return and Shipping Policy of lifefactor.my.
3. CUSTOMER REVIEW
3.1 CUSTOMER REVIEW SERVICE
3.1.1 A user may use “Customer Review” on the Website. ”Customer Review” is defined as a written review evaluation and other information relating to products on the Website which are contributed by users to the site designated by the Company.
3.1.2 A user is solely responsible for the contents of his/her Customer Review and shall ensure that the contents of such Customer Review are limited to the products concerned and do not contain any Prohibited Contribution as referred to in Section 3.4.
3.2.1 As for the specifications of “Customer Review Service” including the extent of products to which a user may contribute as “Customer Review”, the frequency and limitations of such contributions, etc., will be determined by the Company at its sole and absolute discretion and subject to the provisions of the Policy, and by accessing the Customer Review Service the user shall be deemed to have unconditionally accepted the terms of usage of the Customer Review Service and shall not object to the same.
3.2.2 The Company may modify in part or the whole of the specification in such manner as it deems fit from time to time and at any time and by accessing the Customer Review Service the user shall be deemed to have unconditionally accepted the terms of usage of the Customer Review Service and shall not object to the same. In the event any user claims to suffer a loss due to the modification of the said specifications, the Company shall not bear any responsibility under any circumstances whatsoever and the user unconditionally agrees to hold the Company harmless from any such loss.
3.3 LIMITATION OF FUNCTIONS
3.3.1 All users are able to use the function to browse the contributed “Customer Review”, but only a registered user is able to use the function to contribute to “Customer Review” and the function to evaluate the contributed “Customer Review”.
3.4 PROHIBITED CONTRIBUTION
3.4.1 A user shall ensure that any contribution to or content in a “Customer Review” shall not allude or refer to or contain any statement, in whole or in part, which may be construed as containing (without limitation) any of the following prohibited contributions:-
18.104.22.168 Libel against the Company or third parties (including but not limited to manufacturers, distributors or persons dealing in any of the products or services on the Website);
22.214.171.124 Contents associated to crimes or criminal activity or to encourage crimes or criminal activity;
126.96.36.199 Contents breaching any laws of Malaysia;
188.8.131.52 Contents to produce publicity to any person, product, event or cause for purpose of profit or otherwise;
184.108.40.206 Contents preaching specific political and/or religious claims;
220.127.116.11 Contents calculated to cause or that may have the effect of causing injury to the reputation of the Company or third parties (including but not limited to manufacturers, distributors or persons dealing in any of the products or services on the Website) or to raise credit concerns;
18.104.22.168 Contents calculated to cause or that may have the effect of causing a violation or a possible violation of property rights, credit, privacy and other rights of the Company or third parties;
22.214.171.124 Contents to express discrimination;
126.96.36.199 Contents to be considered vulgar, harmful and coarse and other contents unpleasant to others;
188.8.131.52Contents contrary to public orders or normal social conventions;
184.108.40.206Contents containing personal information, e.g. name of a person, telephone number, mail address, residential address, place of work, credit card number, and bank account number;
220.127.116.11 Contents containing a harmful programme or script;
18.104.22.168 Other contents that the Company deems as inappropriate.
3.4.2 When a user breaches any provision of the preceding clause, the Company may take any of the measures as follows:
22.214.171.124 Deletion of the ” Customer Review” content breaching the preceding clause;
126.96.36.199 Deletion of all the “Customer Review” contents contributed by the user breaching the preceding clause in the past;
188.8.131.52 Suspending the use of “Customer Review”;
184.108.40.206 Suspending or removing the user’s access to the “Customer Review” and/or the Website;
220.127.116.11 Other measures that the Company deems as necessary, including but not limited to lodging complaints with relevant authorities.
3.5 USE OF "CUSTOMER REVIEW"
3.5.1 Users acknowledge and agree that the Company may use contents of “Customer Review” without notifying the user who contributed the relevant “Customer Review”. By accessing and using the “Customer Review” section, users shall be deemed to have accepted and consented to the Company using or reproducing the contribution in any form, in whole or in part, including but not limited to quoting its contents, disclosing or reproducing the contribution in relation to or for any disclosure, offer, publication, online distribution and other forms without charge. All rights in the contributions shall be deemed vested in the Company and for the avoidance of doubt, the user shall be deemed to have granted an irrevocable, unconditional, royalty free, perpetual licence to use to the Company and the Company shall be absolutely entitled to use the contribution without reference to the user..
3.5.2 A user is not allowed under any circumstances to reproduce, convert, edit or copy the “Customer Review” content contributed by others unless otherwise expressly stipulated.
3.5.3 The Company shall be entitled to determine at its sole and absolute discretion the period of display and storage by the Company of “Customer Review” without reference to the user and a user may not object to this.
3.6 RESPONSIBILITY OF USERS
3.6.1 A user of “Customer Review” shall be liable for and the Company may claim from the user for all losses, expenses, costs and damages whatsoever incurred by the Company or third parties (including legal fees on a solicitor-client basis) due to a breach of the Policy.
3.6.2 In the event of any inquiries, complaints and requests from third parties due to or related to “Customer Review” that alleges a breach of the Policy and violation of their rights, the relevant user responsible for or authoring the “Your Customer Review” shall be solely responsible and liable to the said third parties to resolve such inquiry, complaint or claim at his/her own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.
3.7 eCOUPON GRANTING
3.7.1 The Company may, from time to time and at any time, offer to give coupons which is defined in 4. eCoupon and Gift Policy to a user when he/she contributes to “Customer Review” according to conditions and procedures which the Company shall provide separately.
3.7.2 The Company may modify or revoke the eCoupon and Gift Policy including but not limited to the conditions and procedures therein relating to the gift of coupons at any time and all such medications or any revocation shall be absolutely binding upon a user.
3.7.3 The receipt and use of eCoupon by a user shall be in strict compliance with and subject to the Policy of the Company as set out herein.
3.8 DISCLOSURE OF USERS PERSONAL INFORMATION
3.8.1 In the event of a claim by a third party that a “Customer Review” contributed by a user has violated the privacy right of such third party or has otherwise caused damage to the third party or the third party’s reputation and a request or demand by such third party that the Company provides the said third party with the user’s personal information, the user hereby agrees that the Company may disclose such personal information of the user as the Company is obliged to disclose pursuant to the relevant laws and procedures.
3.9 EXAMPTION CLAUSE
3.9.1 All users of the Website and any person having access to or viewing the “Customer Review” do so with full knowledge and acceptance that the contributions to the “Customer Review” are the opinions of the respective user contributing the same and that the Company does not necessarily endorse or agree with such opinions shall not in any way be responsible for or guarantee the exactness, reliability, suitability, innocuousness, etc of the respective contributions.
3.9.2 The Company is under no obligation to monitor or moderate contributions to the “Customer Review” to verify compliance with the Policy and the user contributing the same undertakes to ensure that his/her contribution is so compliant with the Policy prior to submitting the same.
3.9.3 A user shall accept that there may be temporary or permanent suspension of the Service due to unavoidable circumstances such as system maintenance by the Company or malfunction of communication line, unavailability of Internet access etc., The user acknowledges and agrees that the user shall not be entitled to claim for any losses, expenses, costs and damages whatsoever from the Company arising from or relating to the said suspension.
3.9.4 In addition to the preceding clauses, the user agrees that the Company does not bear any responsibility whatsoever for any loss of a user arising from or related to his/her use of the Service and hereby irrevocably waives any such claims against the Company.
3.10.1 The Company is not obliged to and shall not engage or respond to any inquiry from any user or other person in relation to the contents of “Customer Review”.
4. eCOUPON AND GIFT
4.1 eCOUPON AND GIFT
4.1.1 The Website may, from time to time and at any time, present a coupon and/or gift (hereinafter both referred to as “eCoupon” to an eligible user subject to the satisfaction of such conditions as may be determined by the Company. eCoupon is defined as a right to enjoy discounts according to amounts of Products purchased which the Company may grant to a specified user in the Website; and gift is defined as a right to enjoy discounts according to amounts of Products purchased which the Company grants to an unspecified user (displayed in alphabetic and numerical character order).
4.1.2 And "eCoupon Service" includes the functions of issuing coupons by the Website, using and managing the coupons by the users, and other relative service functions
4.2 GRANTING AND USE OF eCOUPONS
4.2.1 The Company issues coupon when a member purchases Products or uses a service in a way the Company designates and prescribes as qualifying for an eCoupon. The said member will upon issuance of an eCoupon to him/her be able to enjoy certain discounts, as determined by the Company, according to the amount of Products purchased in the next purchase with the granted eCoupon. Issuance of eCoupons may be notified through mail, on the Website, or in other forms as determined by the Company.
4.2.2 The Company shall decide on the service and Products eligible for the issuance of an eCoupon (hereinafter referred as the subject Products”), the rate and amount of discount, the term of validity and other conditions of issuance of the eCoupon and the terms and conditions of the eCoupons as determined by the Company shall be final and binding upon the members receiving the same.
4.2.3 In the event of any variation to the subject Products, the Company shall be entitled to make the necessary modifications to the eCoupons to reflect the same and the amount of Products to have been purchased by the member to qualify for the eCoupon shall be issued according to the amount of Products to be purchased after the modification.
4.2.4 The Company reserve the sole and absolute right and discretion to make such decisions as it deems appropriate in relation to all matters concerning the eCoupons and/or the issuance of eCoupons including whether eCoupons should be issued for a type of product, the amounts to be granted, etc. and the decision of the Company shall be final and binding upon the members who shall be obliged to abide by such decisions.
4.3 GRANTING AND USE OF GIFT VOUCHERS
4.3.1 The Company may, subject to such terms and conditions as determined by the Company at its discretion, grant a gift voucher to an unspecified user. The user who receives a gift voucher is able to use and enjoy certain discounts according to the amounts of Products purchased after membership registration.
4.3.2 The Company may at its sole and absolute discretion decide on the terms and conditions for the issuance of a gift voucher .
4.4 MANAGEMENT OF eCOUPONS
4.4.1 The eCoupon shall be retained and managed in accordance with the directions and instructions as determined by the Company. eCoupons already used and/or expired will not be indicated on the member login page of the Website.
4.4.2 The Company reserves the sole and absolute right and discretion to make such decisions as it deems appropriate in relation to all matters concerning the Management of eCoupons and all information contained in any eCoupons and the decision of the Company shall be final and binding upon the members who shall be obliged to abide by such decisions.
4.5 PROHIBITION OF eCOUPON ACCUMULATION AND MULTIPLE REGISTRATIONS
4.5.1 A user shall not transfer his/her eCoupon or use it as collateral or as an instrument bearing value in any arrangements with other members, nor can he/she share it with other members. Each eCoupon may only be redeemed individually upon its terms and conditions and may not be accumulated, aggregated or assigned or transferred to any person for any purpose whatsoever.
4.5.2 Each member shall be entitled only to a single eCoupon in respect of his/her registration. In the event a member has multiple registrations on the Website, the said member is prohibited from adding up and aggregating the eCoupons which he/she has been granted for each registration. In the event a member breaches this term, without prejudice to such other action as the Company may take, the eCoupons issued to the member may, at the discretion of the Company, be revoked.
4.6 CANCELLATION AND EXPIRATION OF eCOUPONS
4.6.1 The Company may at any time cancel the Coupons granted to its members or cancel the issuance of eCoupons to any members should it deem it appropriate to do so at its sole and absolute discretion such as the cancellation of the subject product, etc.
4.6.2 The Company may at any time cancel any Gift Voucher granted to users should it deem it appropriate to do so at its sole and absolute discretion.
4.6.3 The Company may cancel eCoupons without prior notification to a member if the Company is of the opinion that the said member is involves in any of the following cases:
18.104.22.168 Illegal or dishonest acts;
22.214.171.124 A breach of the Policy;
126.96.36.199 Any other act or default or conduct that the Company considers appropriate to cause the cancellation of the eCoupon issued to a member.
4.6.4 An eCoupon shall expire automatically on its stated expiry date in the event a member does not participate in or conclude the subject transaction to which the eCoupon relates within the validity period.
4.6.5 The user and member acknowledge and accept that the eCoupons are extended on a goodwill basis by the Company and the Company shall not be obliged to compensate the said user or member in respect of any cancelled or expired eCoupon not redeemed in accordance with the terms of its issuance.
4.7 USE OF eCOUPON IN SETTLEMENT
4.7.1 A member shall be entitled, in accordance with the terms and conditions of the eCoupon, to redeem the eCoupon against any purchase, whether partially or in full, and the value of the eCoupon as stipulated by the Company shall be set-off and any discount rate offered by the Company via the said eCoupon shall be applied against the sum required to be paid by the member in respect of his/her purchase on the Website in the manner as prescribed by the Company.
4.7.2 The Company may at any time stipulate additional terms and conditions in respect of the use and/or redemption of the eCoupon mentioned in the preceding clause.
4.7.3 The eCoupon is non-refundable and if a member cancels any redemption of the eCoupon as referred to in Section 4.7.1, the Company will not return or re-issue any eCoupon or pay or provide a cash equivalent to the amount used in the purchase transaction relating to the redemption of the eCoupon. The eCoupon will be deemed lapsed immediately upon its redemption regardless of any subsequent cancellation.
4.7.4 In the event a member redeems an eCoupon against the purchase of any products and the price of the said products is subsequently reduced, the Company shall not be obliged to return any difference in value equivalent to the reduction and the eCoupon shall be deemed fully utilized and expired notwithstanding the price reduction.
4.7.5 In the event a member redeems an eCoupon for payment of any bill following a purchase on the Website and the billing amount is lower than the value of the eCoupon, the Company shall not be obliged to return any difference in value equivalent to the reduction and the eCoupon shall be deemed fully utilized and expired notwithstanding the price reduction.
4.7.6 If a member uses the eCoupon for payment and afterwards the bill is increased for some reason, the concerned member shall pay the balance in other forms of payment. In the event a member redeems an eCoupon for payment of any bill following a purchase on the Website and the billing amount is higher than the value of the eCoupon or if the price of the products is subsequently increased and the eCoupon value is insufficient to cover the increased price, the member shall be obliged to pay the difference in value in cash or such other method as acceptable to the Company prior to or on delivery of the products, as determined by the Company.
4.8.1 Risk in the products purchased during transit shall vest in the user purchasing the products and in the event accidents occur to the subject products of the settlement mentioned in Section 4.7, such as delay, loss, theft, damage, breakage, etc., after they are transferred to the delivery company, the Company shall not be liable or responsible to the user in any manner whatsoever unless the accidents are due to the willful or negligent act or default of the Company.
4.9 CANCELLATION AFTER USE OF eCOUPON
4.9.1 If an eCoupon is canceled pursuant to Section 4.6 after a member uses an eCoupon for settlement, the purchase of the product that is the subject of the concerned settlement may be canceled or withheld. If the order has been confirmed or if the said member wishes to proceed with the said purchase transaction, he/she shall first pay the balance due to the cancellation in cash or other ways of payment as prescribed by the Company.