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TERMS
AND CONDITIONS OF USE
Welcome! You have entered the website owned and
operated by MyNaturalShoppe (“MyNaturalShoppe.com
”), identified by the URL MyNaturalShoppe.com
(the "Site"), but before proceeding further
please read carefully the following Terms and
Conditions of Use which will govern your use of the
Site (”Terms and Conditions” which expression
shall include any modification that may from time to
time be made thereto by MyNaturalShoppe.com ). By
using the Site or by placing an order through the Site
you agree to and accept all these Terms and Conditions
and therefore have entered into an agreement with MyNaturalShoppe.com
governing your use of the Site. In addition, when you
use any current or future MyNaturalShoppe.com
service(s), you also will be subject to the guidelines
and conditions applicable to such service or business.
USE OF SITE ACCESS
MyNaturalShoppe.com
grants you a limited non-exclusive license to access
and make personal and non-commercial home use of this
Site. As such, you cannot download the Site (other
than page caching) or modify the Site or its contents
or any portion of the Site or any of its contents,
except with the prior written consent of MyNaturalShoppe.com
. This license does not include any resale or
commercial use of this Site or its contents; any
collection and use of any product listings,
descriptions, or prices; any derivative use of this
Site or its contents; any downloading or copying of
account information for the benefit of another
merchant and/or user; or any use of data mining,
robots, or similar data gathering and extracting
tools. This Site or any portion of this Site may NOT
be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial
purpose without prior express written consent of MyNaturalShoppe.com
. You may not frame or utilise framing techniques to
enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or
form) of MyNaturalShoppe.com and the Site
without MyNaturalShoppe.com ’s prior express written
consent. You may not use meta tags or any other
"hidden text" utilising MyNaturalShoppe.com
and the Site’s name or trademarks without the prior
written consent of MyNaturalShoppe.com . Any
unauthorised use automatically terminates the
permission or license granted by MyNaturalShoppe.com .
You are granted a
limited, revocable, and non-exclusive right to create
a hyperlink to the homepage of the Site so long as the
link does not in any manner whatsoever or howsoever
portray or depict the Site, or its products or
services in false, misleading, derogatory, obscene or
otherwise offensive light or manner. You may not use
any MyNaturalShoppe.com logo, the Site logo or
other proprietary graphic or trade mark as part of the
link without MyNaturalShoppe.com ’s prior express
written consent.
YOUR PARTICULARS
When you register with MyNaturalShoppe.com
, you agree to (i) provide true, accurate, current and
complete information about yourself as prompted by the
Order form (the "Order Data") and to (ii)
maintain and promptly update the Order Data to keep it
true, accurate, current and complete. You are
responsible for maintaining the confidentiality of
your Order Data or passwords and for restricting
access to your computer, and you agree to accept
responsibility for all activities that occur under
your particulars. MyNaturalShoppe.com cannot and
will not be liable for any loss or damage arising from
your failure to comply with this Terms and Conditions.
If you are under 18 years of age, you can use the Site
only with involvement of a parent or guardian. MyNaturalShoppe.com
reserves the right to refuse service, remove or edit
content, or cancel orders at its sole discretion.
RISK OF LOSS
All items purchased
from the Site are made pursuant to a shipment
contract. This means that the risk of loss and title
for such items pass to you upon our delivery to the
carrier.
TERMINATION
You agree that MyNaturalShoppe.com
, at its sole and absolute discretion, may terminate
your use of the Site for any reason, including,
without limitation, lack of use or if MyNaturalShoppe.com
believes that you have breached or acted
inconsistently with or in disregard of the letter or
spirit of the Terms and Conditions. MyNaturalShoppe.com
may also at its sole and absolute discretion and at
any time, with or without notice, discontinue
providing its services or any part thereof. You agree
that any termination of your access to the Site under
any provision of this Terms and Conditions may be
effected without prior notice, and acknowledge and
agree that MyNaturalShoppe.com may immediately
bar any further access to the Site. On the happening
of any of the afore-going, you agree that MyNaturalShoppe.com
shall not in any manner whatsoever or howsoever, be
liable to you or any third party for any termination
of your access to the Site.
INDEMNITY
You hereby agree to
indemnify and forever save MyNaturalShoppe.com , its
affiliates, directors, officers, employees, owners,
agents, information providers, licensors and licensees
harmless, from and against any and all losses, claims,
demands, damages, liabilities and/or costs and
expenses, including legal costs, on a full indemnity
basis, which may arise from your use of the Site,
including, but not limited to, any breach of any of
the Terms and Conditions, or your violation of any
rights of another. You shall use your best efforts to
cooperate with us in the defence of any claim. We
reserve the right (but have no obligation), at our own
expense, to assume the exclusive defence and control
of any matter subject always to full indemnification
by you.
You hereby acknowledge
and agree that any breach of the Terms and Conditions
will result in irreparable harm and/or losses to MyNaturalShoppe.com
for which monetary damages would or may not be an
adequate remedy and, therefore, in addition to its
rights and remedies otherwise available at law, MyNaturalShoppe.com
will be entitled to equitable relief, including both a
preliminary or interlocutory and permanent injunction,
if such a breach occurs. You irrevocably waive any
requirement for the posting of a bond or other
security if MyNaturalShoppe.com seeks such an
injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED
BY MyNaturalShoppe.com ON AN "AS IS"
AND "AS AVAILABLE" BASIS. MyNaturalShoppe.com
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE
OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
MyNaturalShoppe.com
DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. MyNaturalShoppe.com
MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR
GUARANTEES THAT THIS SITE OR THE FUNCTIONS CONTAINED
IN THE MATERIALS ON THE SITE WILL MEET YOUR
REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. MyNaturalShoppe.com
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM MyNaturalShoppe.com ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SITE WILL MEET YOUR EXPECTATIONS. ALL SUCH
WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
AND TERMS ARE HEREBY EXCLUDED. MyNaturalShoppe.com
WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL OR SAVINGS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION, WHETHER IN
CONTRACT, NEGLIGENCE, TORT OR OTHERWISE OR ANY OTHER
DAMAGES RESULTING FROM ANY OF THE FOLLOWING (i) THE
USE OR THE INABILITY TO USE THE SITE, (ii) ANY DEFECT
IN GOODS, SAMPLES, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED FROM A USER OR A THIRD PARTY
SERVICE PROVIDER THROUGH THE SITE, (iii) UNAUTHORISED
ACCESS BY THIRD PARTIES TO YOUR DATA OR PRIVATE
INFORMATION, (iv) STATEMENTS OR CONDUCT OF ANY USER OF
THE SITE, OR (v) ANY MATTERS RELATING TO SERVICES
ACQUIRED THROUGH THE SITE HOWEVER ARISING, INCLUDING
NEGLIGENCE.
ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR
SOLE DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT
FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY
DAMAGES RESULTING FROM COMPUTER VIRUSES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM MyNaturalShoppe.com OR THROUGH OR FROM THE
SITE SHALL CREATE ANY WARRANTY OR CONDITION NOT
EXPRESSLY STATED HEREIN.
UNDER NO CIRCUMSTANCES
SHALL MyNaturalShoppe.com BE HELD LIABLE FOR A
DELAY OR FAILURE OR DISRUPTION OF THE CONTENT OR
SERVICES DELIVERED THOUGH THE SITE RESULTING DIRECTLY
OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES
BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT
LIMITATION, INTERNET FAILURES, COMPUTER,
TELECOMMUNICATIONS OR ANY OTHER EQUIPMENT FAILURES
ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES,
RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF
LABOUR OR MATERIALS, FIRES, FLOOD, STORMS, EXPLOSIONS,
ACTS OF GOD, ACTS OF TERRORISTS, WAR, GOVERNMENT
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR
TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
APPLICABLE LAW
This Site is created,
owned and controlled by MyNaturalShoppe.com in
Malaysia. The Terms and Conditions shall be governed
and interpreted in accordance with the laws of
Malaysia without giving effect to any principles of
conflicts of laws. Those who choose to access the Site
do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local
laws are applicable.
By visiting or using
the Site or by placing an order through the Site you
hereby irrevocably accept, agree and consent to the
exclusive jurisdiction of the Courts in Malaysia in
all disputes, controversies or differences of
whatsoever nature which may arise, out of or in
relation to the Terms and Conditions, or the breach
hereof relating to the use of the Site.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when
describing our products on the Site. However, to
the extent permitted by applicable law, we do not
warrant that the product descriptions or other content
available on the Site is accurate, complete, reliable,
current, or error-free.
MODIFICATION
AND DISCONTINUANCE
We reserve the right at
any time and from time to time to modify or
discontinue, temporarily or permanently, the Site and
the Terms and Conditions (or any part thereof) with or
without notice to you. The amended and restated Terms
and Conditions will be posted on the Site and shall be
effective immediately upon posting. Posting by MyNaturalShoppe.com
of the amended and restated Terms and Conditions and
your continued use of the Site shall be deemed to be
acceptance of the amended terms. You agree that MyNaturalShoppe.com
shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the
Site. Please also review our other policies posted on
the Site. These policies also govern your visit to MyNaturalShoppe.com
’s website.
WAIVER OF CONDITIONS OF
USE
The failure of MyNaturalShoppe.com
in any one or more instances to insist upon
performance of any of the terms or conditions
contained herein, or to exercise any right or
privilege hereunder, or the waiver by MyNaturalShoppe.com
of any breach by you, of these terms or conditions of
sale, shall not be construed as thereafter waiving
such terms and condition, rights of privileges, and
the same shall continue and remain in force and effect
as if no failure or waiver had occurred.
LINKS TO OTHER WEBSITES
Links to third party
websites on this Site are provided solely as a
convenience to you. Please exercise discretion while
browsing the Internet using this Site. If you use
these links, you will leave this Site. MyNaturalShoppe.com
has not reviewed all of these third party sites and
does not control and is not responsible for any of
these sites or their content. Thus, MyNaturalShoppe.com
does not endorse or make any representations about
them, or any information, software or other products
or materials found there, or any results that may be
obtained from using them. If you decide to access any
of the third party sites linked to this Site you do
this entirely at your own risk. MyNaturalShoppe.com
will not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or
reliance on any such content, goods or services
available on or through any such site or resource.
INTELLECTUAL PROPERTY
RIGHTS
MyNaturalShoppe.com
is the sole owner or lawful licensee of all the rights
to the Site and all information, text, messages,
illustrations, images, logos, designs, icons,
photographs, programs, music, sound, video clips,
directories, files, databases, listings or other
materials available on or through the Site
(collectively the "Content"). The Site and
the Content embody trade secret and intellectual
property rights protected under worldwide copyright
and other laws. All title, ownership and intellectual
property rights in the Site and the Content shall
remain with MyNaturalShoppe.com , its affiliates or
licensors of the Content, as the case may be. All
rights not otherwise claimed under this Terms and
Conditions or by MyNaturalShoppe.com are hereby
reserved. “MyNaturalShoppe", "MyNaturalShoppe.com
" and related icons and logos of Home N You Sdn
Bhd in various jurisdictions are protected under
applicable copyright, trademark and other proprietary
rights laws. The unauthorised copying, modification,
use or publication of these marks is strictly
prohibited.
NOTICES AND
COMMUNICATIONS
When you visit the Site
or send e-mails to us, you are communicating with us
electronically. You consent to receive communications
from us electronically. We will communicate with you
by e-mail or by posting notices on the Site. You agree
that all agreements, notices, disclosures and other
communications that we provide to you electronically
satisfy any legal requirement that such communications
be in writing.
SEVERABILITY
If any provision of the
Terms and Conditions shall be unlawful, void, or for
any reason unenforceable, then that provision shall be
deemed severable from these terms and shall not affect
the validity and enforceability of any remaining
provisions.
ENTIRE AGREEMENT
The Terms and
Conditions constitute the entire agreement between you
and MyNaturalShoppe.com and govern your use of
the Site, superseding any prior agreements between you
and MyNaturalShoppe.com (including, but not
limited to, any prior versions of the Terms and
Conditions). You also may be subject to additional
terms and conditions that may apply when you use other
MyNaturalShoppe.com services, third-party
content or third-party software. Any assignment or
transfer of either the Terms and Conditions or any
right granted hereunder is strictly prohibited.
HEADING
The headings of each of the Terms and Conditions
are for convenience of reference only and shall not
form part of the Terms and Conditions. Such heading
shall be ignored in the interpretation or construction
of any of the Terms and Conditions.
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