1.1 Welcome to the imBiotik website. These terms and conditions (“Terms and Conditions”) apply to the Site, “imBiotik” operated Internet sites which reference these Terms and Conditions.1.2 We are imBiotik | Probiotic Solution copyright by TSMC Edar SDN BHD, No.22, Jalan PP 2/3, Taman Putra Prima, 47100, Puchong, Selangor, Malaysia, trading as www.imbiotik.com.my and its subsidiaries, affiliates, associates and officers unless otherwise stated.
1.3 By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no prior notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
- Use of the Site
2.1 We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for product sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.2.2 Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link unsubscribe at the bottom of any promotional email.
2.5 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of imBiotik and yourself. Any typographical clerical or other error or omission in this website shall be subject to correction without any liability on the part of imBiotik.
- User submissions3.1 Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than you or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
3.2 You shall not in any way use the Website or submit to us or to the Website or to any user of the Website anything which in any respect:
a) is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction;
b) is fraudulent, criminal or unlawful;
c) is inaccurate or out-of-date;
d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
e) impersonates any other person or body or misrepresents a relationship with any person or body;
f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
g) may be contrary to our interests;
h) is contrary to any specific rule or requirement that we stipulate on the Website in relation to a particular part of the Website or the Website generally; or
i) involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3.3 Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
3.4 You agree to comply at all times with any instructions for use of the Website which we make from time to time
- Order acceptance and price
4.1 To place an order with imBiotik, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.4.2 Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
4.3 We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
4.4 The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. imBiotik reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice.
- Payment Options5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out at imBiotik website. The terms and conditions applicable to each type of payment, shall be applicable to the Contract.
5.2 The following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment via Visa and MasterCard are acceptable. All credit card numbers shall be protected by means of industry-leading encryption standards.
5.2.2 Debit Cards
All Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
5.2.3 Online Banking
i. By choosing this payment method, the Buyer shall transfer the payment for the Goods total amount purchased (including any applicable taxes, fees, installation and shipping costs). The transaction must be payable in Ringgit Malaysia. imBiotik, may refuse this payment option service to anyone or any user without notice for any reason at any time.
ii. We accepts online bank transfers from Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB and Affin Bank.
- Delivery6.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).
6.2 We shall notify you if we expect to be unable to meet our estimated delivery date, but, 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.
6.3 At any time or date named by imBiotik for delivery is given and intended as an estimation only. We are always trying our best to fulfill the date and time as stated at your most satisfaction and convenience as our valuable customers.
6.4 Upon delivery of the Product, you may be required to sign for delivery. You may contact imBiotik Customer Service Team at 03-80602678 or drop us an email here in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
6.5 We shall not be liable or be deemed to be in breach of any delay in performing or any failure to perform any delivery if the delay or failure was due to any cause beyond reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond reasonable control:
6.5.1 Act of God, explosion, flood, tempest, fire or accident;
6.5.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
6.5.3 acts of restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
6.5.4 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
6.5.5 power failure or breakdown in machinery.
6.6 Upon the happening of any one of the events set out in Condition 6.4, we may opt to:
6.6.1 fully or partially suspend delivery/performance while such event or circumstances continues;
6.6.2 terminate any Contract so affected with immediate effect by written notice to you and we shall not be liable for any loss or damage suffered as a result thereof.
- Coupon7.1 You may use Coupon as payment for Products on the Site. Specific details for Coupon are at clause 7.7.
7.2 To redeem coupon in your Account, please visit “Cart” on the Site.
7.3 We may email or sms coupon to you. We accept no liability for errors in the email address of the voucher recipient.
7.4 If you have a Coupon, that coupon can be used by someone other than you and you can assign your rights to use that coupon.
7.5 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the Coupon redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
7.6 We assume no liability for the loss, theft or illegibility of the coupon.
7.7 Conditions for the redemption of the coupon:
a) From time to time we may release Coupon that may be used on the Site, which we will send to you by email or sms. Coupon can only be redeemed on the imBiotik Site.
b) Coupon are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional coupon. Individual brands/products may be excluded from coupon promotions.
c) The credit of coupon cannot be used to pay for products from third parties other than us.
d) If you place an Order for a Product less than the value of the coupon, no refund or residual credit will be returned to you.
e) The credit of the coupon does not accrue interest nor does it have a cash value.
f) If the credit of the coupon is insufficient for the Order you wish to make, you may make up the difference through payment.
- Returns & Refunds8.1 We advise our customers to inspect the product carefully for damages before acknowledge the acceptance note. Though rare, there is a possibility of manufacturing defects or even product being damaged during transportation. Should you detect any damage or defect, contact us or email us. You have the right to reject the merchandise upon delivery at no cost or schedule for an exchange (does not apply to clearance items).
8.2 You also have the right to reject the merchandise immediately if the piece delivered is different from that depicted in the product description or picture you saw online.
8.3 In such cases, we do need you to take the photo and email us for our inspection approval of return within (2) days upon receiving your product. imBiotik has the full discretion to decide whether any item is in a condition suitable for return and reserves the right to reject any returns if they are deemed unfit for return.
- Order Cancellation9.1 Cancellation of order must be notified in writing to imBiotik within 24 hours. Cancellation of orders cannot be accepted if the products already sent out to our 3rd party logistic.
- Trademarks and Copyrights10.1 All intellectual property rights, whether registered or unregistered, in the Site, logo, name, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws. All rights are reserved.
- Applicability law and Jurisdiction11.1 These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
- Arbitration12.1 Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
13.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site 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 Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of imBiotik, in operating the Site, your sole and exclusive remedy is to discontinue using the Site.