Awabin Great Health (M) Sdn Bhd - Terms & Conditions

Terms & Conditions

Welcome to our website www.awabin.com. This Website and any services provided herein (hereinafter as the “Website”), is managed by AKOYA SECRETS SDN BHD [202001015561 (1371881-M)] (hereinafter as “AKOYA”).

The following Terms of Use govern your access and use of our Website. These Terms of Use stated herein constitute a legal agreement between AKOYA and you. Before using our Website, please ensure that you read carefully and accept these Terms of Use and all other terms and conditions and/or policies pertaining to the use of our Website and you must consent to the processing of your personal data as described in our Privacy Policy. AKOYA reserves the right, to change, modify, add, or remove portions of these Terms of Use at any time. Changes will be effective when posted on our Website with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website. By accessing our Website and/or using any of the services within, you agree to be bound by these Terms of Use and any amendments to the foregoing issued by us from time to time. If you do not agree these Terms of Use and our Privacy Policy, please do not access our Website and/or use any of the services within.

USE OF THE WEBSITE
1. AKOYA grants you a non-transferable and revocable license to use the Website, subject to these Terms of Use. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.
2. You may only access and use the website and content for personal use and may not reproduce, publish, communicate, or adapt any part of this website without prior written consent of AKOYA.
3. You agree that you may not use the Website for any of the following purposes:
  1. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
  2. transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability, or otherwise breaches any relevant laws, regulations, or code of practice;
  3. gaining unauthorized access to other computer systems;
  4. interfering with any other person's use or enjoyment of Website and its services;
  5. breaching any laws concerning the use of public telecommunications networks; or
  6. making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.
4. The content and material contained on this Website is solely for informational purposes only. These content and material are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our Website.
5. Product reviews or opinions expressed on this Website are those of the individual posting such content and may not reflect our opinions.

REGISTRATION AND SUBSCRIPTION
1. Certain services and related features that may be made available on the Website may require registration or subscription.
2. You must be 18 years of age or older in order to register for an account or subscribe to any services on the Website.
3. Should you choose to register for or subscribe to any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
4. You are solely responsible for:-
  1. keeping passwords and other account identifiers safe and secure;
  2. all activities that occur under such password or account;
  3. notifying us immediately of any unauthorised use of your password or account.
5. AKOYA shall not be responsible or liable, directly, or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

TERMS OF SALE
1. The information set out in these Terms of Use and the details contained on this Website do not constitute an offer for sale but rather an invitation to treat.
2. You may purchase our products by placing and completing the order form on the Website and you are solely responsible for ensuring the accuracy of the order.
3. When you place an order on the Website for the purchase of any products sold by AKOYA, the order will only be considered accepted by us and the contract between you and AKOYA will only be completed upon AKOYA issuing a confirmation of dispatch of the products to you. AKOYA shall be entitled to refuse or cancel any order without giving any reasons for the same to you prior to issuance of the confirmation of dispatch. We may also require you to furnish us with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
4. Whilst AKOYA use its best efforts to ensure the accuracy of all product details, descriptions, and prices on this Website, there may be instances where errors may occur. If we discover an error in the price of any products which you have ordered, we may, at our sole discretion, decide to cancel your order and you will receive a full refund of the paid price in accordance with the refund timelines outlined herein.
5. Once your order has been confirmed by AKOYA, you may not modify or cancel the order except with prior written consent from AKOYA and on terms that you shall indemnify AKOYA in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by AKOYA as a result of the modification or cancellation, as the case may be.
6. Payment for your order can be made using the various payment methods made available on the Website.

DELIVERY OF PRODUCTS
1. Delivery of the products shall be made to the address specified by you in the order form.
2. AKOYA has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the product to any other party as it may from time to time decide without giving notice of the same to you.
3. Any dates quoted for delivery of the product are approximate only. The time for delivery or performance shall not be of the essence, and AKOYA shall not be liable for any delay in delivery or performance howsoever caused.
4. If you fail to take delivery of the product, we may arrange to re-deliver your product on terms that you shall indemnify AKOYA in full against all costs (including the cost of all labour and materials used), charges, and expenses incurred by AKOYA as a result of your failure to take delivery of the product.
5. All risk of damage to or loss of the products shall pass to you at the time of delivery.
6. Notwithstanding delivery and the passing of risk in the products or any other provision of these Terms of Use, the property in the products shall not pass to you until AKOYA has received in cash or cleared funds payment in full of the price of the products.

AFTER SALES
1. All products sold on the Website are non-exchangeable non-returnable and non-refundable unless the products delivered are defective or faulty.
2. If the product you received is defective, please contact our Customer Service Team via WhatsApp at +6016-2479789 or email us at AWABIN@gmail.com.
3. If you have any questions regarding the products or our services, please contact our Customer Service Team via WhatsApp at +6016-2479789 or email us at AWABIN@gmail.com.

INTELLECTUAL PROPERTY RIGHTS
1. The content of this Website is protected by copyright, trademarks, database, and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, or distribute or use for commercial purposes any of the content or material on the Website without written permission from AKOYA.
2. No license is granted to you in these Terms and Conditions to use any trademark of AKOYA.

DATA USE AND PRIVACY
1. In the course of you using AKOYA’s Website and other services operated by us, we will be collecting, using, disclosing, storing, and/or processing data, including your personal data. Our Privacy Policy is an important part of these terms and describes in more detail how we deal with personal data. You agree to the applicable Privacy Policy, and any changes published by AKOYA. By accessing and/or using the Website and its services you agree to our collection, use, storing, and/or processing of your personal data.
2. Our information technology storage facilities and servers may be located in other jurisdictions outside of Malaysia. This may include, but not limited to, instances where your personal data may be stored on servers located outside Malaysia. In addition, your personal data may be disclosed or transferred to entities located outside Malaysia for the purposes of providing you access and use of the Website or ensuring compliance with any applicable laws, rules, or regulations. We shall endeavour to ensure that reasonable steps are taken to procure that all such third parties outside of Malaysia shall not use your personal data other than for the aforementioned purposes and to adequately protect the confidentiality and privacy of your personal data. Accordingly, by using the Website, you expressly consent to us transferring your personal data outside of Malaysia.

LIMITED WARRANTIES AND DISCLAIMERS
1. This Website is provided on an “as-is” and “as-available” basis by AKOYA to you. Your access and use of the Website and its services is entirely at your own risk. AKOYA disclaims all representations and warranties, whether express, implied, or otherwise, including but not limited to, any warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, title, or satisfactory quality.
2. Without limiting the foregoing, AKOYA does not warrant that the Website and its services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Website and its services that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs, or any other harmful codes, instructions, programs or components.
3. AKOYA makes no promise that materials on the Website are appropriate or available for use in locations outside of Malaysia. Access or use of the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside of Malaysia, you do so on your own initiative and are responsible for compliance with local laws.
4. AKOYA (including its respective officers, employees, directors, and agents) shall not be liable to you for any losses whatsoever or howsoever caused (including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services), arising directly or indirectly in connection with:
  1. any access, use and/or inability to use the Website;
  2. reliance on any data or information made available through the Website; and
  3. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros.

INDEMNIFICATION
1. You agree to defend, indemnify and hold harmless AKOYA (including its respective officers, employees, directors, and agents) from and against all claims, defence costs (including reasonable expert and attorneys' fees), judgments and other expenses arising out of or on account of (i) any negligent act, omission, or wilful misconduct by you in the access or use of the Website; (ii) your compliance or failure to comply with this Terms of Use; or (iii) the breach, infringement or violation of any third party’s right; or (iv) the breach of any laws, rules or regulations.
2. If you are obligated to indemnify AKOYA, then we reserve the rights, in its sole and absolute discretion, to control the defence and disposition (including its possible settlement) of any claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise, or in any other manner dispose of any claim without the written consent of AKOYA. Your obligations under this indemnification clause will survive the termination or expiration of this Agreement.

THIRD PARTY PRODUCTS, SERVICES, CONTENT, AND INFORMATION
1. Our Website may contain or may contain links to third party information, websites, products, services or resources that are not owned or controlled by AKOYA. AKOYA provides these links merely as a convenience and the inclusion of such links does not imply an endorsement representation or warranty by AKOYA of any such third-party information, websites, products, services, or resources.
2. If you access or use such third-party content through the Website, you do so at your own risk. AKOYA is not responsible for third party content accessible through the Website, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such content and that AKOYA is not responsible for any loss or damage of any sort you may incur from dealing with any such third party.
3. Some of the functionality of the Website are highly dependent upon, application programming interfaces (APIs) from third parties. If at any point such third-party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third party services without entitling you to a refund, credit or other compensation. In addition, if you authorize us to do so, we may grant third-parties access to some or all (depending on the permission you give) of your private data, content and information through our own API for use in connection with their services.
4. Certain online services (including access to online banking, online payments, online invoicing, digitization, storage of receipts, and other online services related to the use of the Websites) are provided by financial institutions and other third-party service providers and not by us. You agree to hold harmless and release AKOYA from any liability relating to your use of such online services. Your access to and conditions of use of such services may be limited in accordance with the terms of use published by such third-party provider. You represent and warrant that you have the right to provide us with usernames, passwords, personal information, and other access credentials which we may require to access any third-party services or accounts in connection with the Website and its services.
5. The Website may include a community forum or other social features to exchange content and information with other users of the Website and the public. AKOYA does not support and is not responsible for the content in these community forums.

INVALIDITY AND SEVERABILITY

If one or more of the provisions of these Terms of Use is invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality or enforceability of the remaining provisions contained in these Terms of Use will not be affected or impaired in any way. You will, in any such event and where legally possible, execute such additional document(s) as the other party may reasonably request in order to give valid, legal and enforceable effect to any provision which is determined to be invalid, illegal or unenforceable provided that such new provisions fulfil the intentions of the parties as expressed by the provision determined to be invalid, illegal and unenforceable and which new provisions have the closest economic effect to such provisions determined to be invalid, illegal and unenforceable.

GOVERNING LAW

Except as otherwise set out herein, these Terms of Use shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of Malaysia.

DISPUTE RESOLUTION

In the event of any dispute arising from these Terms of Use, and such dispute cannot be resolved amicably, such dispute is to be finally settled by arbitration in accordance to the Rules of the Asian International Arbitration Centre (“AIAC”) (formerly known as Kuala Lumpur Regional Centre for Arbitration) for the time being in force, which rules are deemed to be incorporated by reference into this clause.

TERMINATION
1. In addition to any other legal or equitable remedies, AKOYA may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use. Upon any termination of this agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part.
2. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
3. You agree that AKOYA shall not be liable to you or to any other person as a result of any such suspension or termination.
4. If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of AKOYA in operating the Website and its services, you agree that your sole and exclusive remedy is to discontinue using the Website and its services.
5. The provisions of paragraphs 6 and 9 of these Terms of Use shall continue in full force and effect after the termination of this agreement.

GENERAL PROVISIONS
1. AKOYA reserves all rights not expressly granted herein.
2. You may not assign, sublicense, or transfer any rights granted to you hereunder or subcontract any of your obligations.
3. Nothing in these Terms of Use shall constitute a partnership, joint venture or principal-agent relationship between you and AKOYA, nor does it authorise you to incur any costs or liabilities on AKOYA’s behalf.
4. The failure of AKOYA at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
5. The terms set forth in these Terms of Use and any agreements and policies included or referred to in these Terms of Use constitute the entire agreement and understanding of the parties with respect to the Website and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Use, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Use. Each party irrevocably and unconditionally waives all claims, rights, and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Use may not be contradicted, explained, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, or any consistent additional terms.

Contact

If you have any questions or concerns about these Terms of Use please contacts us via WhatsApp at +6016-2479789 or email us at AWABIN@gmail.com.