Terms & Conditions - Beauty In The Pot

BEAUTY IN THE POT WEBSITE TERMS OF USE

To learn about how Beauty in The Pot collects & protects your personal data, refer to our Privacy Policy. Any non-personal information or material sent to Beauty in The Pot by you will generally NOT be treated as confidential.

1. ACCEPTANCE OF TERMS – GENERAL

The use of the Beauty in The Pot Website is subject to this Terms of Use & Notices (“TOU & Notices”). By accessing and using the Beauty in The Pot Website you agree to be bound by this TOU, and any Notices (which term shall include guidelines and rules) which may be posted by Beauty in The Pot on the Beauty in The Pot Website from time to time.
You agree that Beauty in The Pot may modify and amend this TOU & Notices at any time without notice. Unless explicitly stated otherwise, any new service introduced by Beauty in The Pot, shall be subject to this TOU. All such Notices are hereby incorporated by reference into the TOU. You are responsible for regularly reviewing Beauty in The Pot ‘s TOU & Notices posted on the Beauty in The Pot Website. By continuing to use the Beauty in The Pot Website, you are deemed to have agreed to be bound by any modifications and amendments to this TOU & Notices.
You can access the Beauty in The Pot Website home page and browse the Website without disclosing your personal data. The service and links of the Beauty in The Pot Website may include links to third party websites and are subject to Section 7 herein.
Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and its use as set out in this terms and conditions. By submitting your information you consent to these transfers.
“You” and “Your” shall mean any user of the Beauty in The Pot Website which shall include registered members and “your” shall be interpreted accordingly.
“Beauty in The Pot Website Membership” shall mean beautyinthepot.com.my log in account when introduced, which retains all personal and confidential information pertaining to registered members of the Beauty in The Pot Website and allows registered members to participate in ongoing contests on all of Beauty in The Pot’s affiliated websites via a one-time registration only.

2. REGISTRATION, USE AND SECURITY

To be a registered member of the Beauty in The Pot Website, you must provide the information required in the Beauty in The Pot Website Membership registration form. You will need to provide a unique password and e-mail address upon completing the Beauty in The Pot Website Membership registration process. You are responsible for maintaining the confidentiality of the password and e-mail address, and are fully responsible for all activities that occur under your password or e-mail address whether or not actually or expressly authorized and/or used by you.
Beauty in The Pot reserves the right to terminate any dormant Beauty in The Pot Website Membership that has not been used for a period of six months or longer.
Information on the Beauty in The Pot Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Beauty in The Pot may also make improvements and/or changes to the Beauty in The Pot Website and to the fees and rates for any of its Services, at any time without notice.
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Beauty in The Pot Website Membership registration form and (b) maintain and promptly update such registration data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Beauty in The Pot suspects that such information is untrue, inaccurate, not current or incomplete, Beauty in The Pot has the right to suspend or terminate your Beauty in The Pot Website Membership and refuse any and all current or future use of the Beauty in The Pot Website(or any part thereof).
The Beauty in The Pot Website may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Beauty in The Pot Website and assume all risk associated therewith.
The Beauty in The Pot Website may not be available to be accessed from all regions and countries of the world. Beauty in The Pot reserves the right, in its sole discretion, to limit or terminate your ability to access the Beauty in The Pot Website from certain regions or countries, and you assume all risk associated with the accessibility of the Beauty in The Pot Delivery Service, Website from any given region or country of the world.
Beauty in The Pot reserves the right to limit or prohibit your entry into its website in its sole discretion and shall not be liable for such limitation or prohibition.

3. YOUR CONDUCT

You agree to use the Beauty in The Pot Website only for lawful purposes and in accordance with this TOU & Notices.
You agree to (a) notify Beauty in The Pot immediately of any unauthorised use or any other breach of security, and (b) ensure that you exit from your Beauty in The Pot Membership at the end of each session. Beauty in The Pot cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Your Beauty in The Pot Website Membership is not transferable and may not be assigned to any third party. The Beauty in The Pot Website is provided to you for internal, personal use by you only. You may not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Beauty in The Pot Website to any other party; or (b) make commercial use of the Beauty in The Pot Website without the express written consent of Beauty in The Pot.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through the Beauty in The Pot Delivery Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.
You may not use the Beauty in The Pot Website in any manner that could damage, disable, overburden, or impair the Beauty in The Pot Website (or the network(s) connected to Beauty in The Pot Delivery Service) or interfere with any other party’s use and enjoyment of the Beauty in The Pot Delivery Service. You may not attempt to gain unauthorized access to the Beauty in The Pot Website and other Beauty in The Pot Memberships, computer systems or networks connected to the Beauty in The Pot Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Beauty in The Pot Website.
You agree to be responsible for payment of (i) registration or subscription fees (where applicable), (ii) the charges for the Content that is requested by you and (iii) any charges that Beauty in The Pot may stipulate from time to time and all applicable charges incurred as a result of your use of the Beauty in The Pot Delivery Service, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss (“Charges”).
You will not post or transmit through the Beauty in The Pot Website any defamatory, harmful, obscene, threatening, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist sexist, vulgar, or otherwise offensive. Always treat other users with respect.
You will abide by the specific rules of any competition or promotion that you participate in on or via the Beauty in The Pot Website. Unless we tell you otherwise, all prize draws and competitions offered via the Beauty in The Pot Website are not open to anyone outside Malaysia
You will not do anything that affects the operability or security of the Beauty in The Pot Website or causes unreasonable inconvenience or offence or disruption to our staff.

4. TERMINATION/ACCESS RESTRICTION

Without limiting anything herein contained, Beauty in The Pot reserves the right to terminate the Beauty in The Pot Website and your use of the Beauty in The Pot Website Membership at any time without notice and for any reason.
In addition to any termination rights Beauty in The Pot may have under this TOU & Notices, Beauty in The Pot may suspend or terminate your Beauty in The Pot Website Membership and access to the Beauty in The Pot Website without notice and in its sole discretion if:
1. For inactivity, which is defined as failing to log into your Beauty in The Pot Website Membership for an extended period of time, as specified in Section 2.2 above. Beauty in The Pot suspects fraudulent use (Fraudulent use of an account may include but is not limited to: (a) permitting access to your e-mail address and password to third parties, or (b) entering invalid or apparently invalid user information for your Beauty in The Pot Website Membership, or (c) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-trial-per-user limitation) of the Beauty in The Pot Website and/or your Beauty in The Pot Website Membership.
2. You materially violate this TOU or any Notice posted from time to time on the Beauty in The Pot Website, any applicable law, rule or regulation relating to the use of the Beauty in The Pot Delivery Service.
3. Any law, regulation, or governmental action renders all or any portion of the Beauty in The Pot Website (or your use of the Beauty in The Pot Delivery Service) unlawful or impracticable.
4. Your use of your Beauty in The Pot Website Membership or the Beauty in The Pot Website impairs or threatens to impair the integrity or functionality of the Beauty in The Pot network in any manner.
5. If Beauty in The Pot believes that you have violated or acted inconsistently with the letter or spirit of this TOU & Notices.
You agree that Beauty in The Pot shall not be liable to you or any third-party for any termination of your access to the Beauty in The Pot Website or your Beauty in The Pot Website Membership.

5. DISCLAIMER & LIMITATION OF LIABILITY

Beauty in The Pot makes no warranty that the Beauty in The Pot Website will meet your requirement or that the Beauty in The Pot Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Beauty in The Pot Website or your Beauty in The Pot Website Membership are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Beauty in The Pot Website for the reconstruction of any lost data. All use of the Beauty in The Pot Website is at your own risk and you are solely responsible for all damages resulting there from.
The Beauty in The Pot Website is not intended for “mission critical” circumstances and is provided on an “as is,” where is” and “as available” basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
To the maximum extent permitted by applicable law, Beauty in The Pot disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Beauty in The Pot Website and transactions performed through the service or on the Internet generally. Beauty in The Pot makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet.
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Beauty in The Pot be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if Beauty in The Pot has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the Beauty in The Pot Website any changes to the Beauty in The Pot Website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Beauty in The Pot Website or arising in connection with the fraudulent or unlawful acts of any third party.
You specifically agree that Beauty in The Pot is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
If you are dissatisfied with the Beauty in The Pot Website , the materials available on or through the Beauty in The Pot Delivery Service, Website or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using Beauty in The Pot Website or any of Beauty in The Pot ‘s other products and services.
Beauty in The Pot will take reasonable measures to maintain the privacy and security of all private information provided by you to the Beauty in The Pot Website, but third parties (such as hackers) may breach or attempt to breach Beauty in The Pot ‘s security measures or may gain unauthorized access to the Beauty in The Pot database or other equipment containing your information. You agree that Beauty in The Pot shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the Beauty in The Pot Website or any other company equipment or user information.

6. INDEMNITY

You agree to indemnify, defend and hold Beauty in The Pot, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Beauty in The Pot Delivery Service and Website harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation by you of this TOU & Notices or asserted by any third party due to or arising out of your use of or conduct on the Beauty in The Pot Website.
The provisions of this paragraph are for the benefit of Beauty in The Pot and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Beauty in The Pot Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

7. LINKS TO THIRD PARTY SITES

The Beauty in The Pot Website may contain links to third party Web sites (“Linked Websites”) and include advertisements. You agree that Linked Websites and advertisements are necessary for Beauty in The Pot to provide the Beauty in The Pot Delivery Service. Such links and advertisements are provided to you only as a convenience. Beauty in The Pot shall not be responsible if the Linked Website is not working appropriately. Beauty in The Pot has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.
Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that Beauty in The Pot shall 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 website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. Beauty in The Pot has no responsibility or liability for any merchant or your relationship with such merchant.

8. DISCLOSURE AND CONFIDENTIALITY

Beauty in The Pot reserves the right to disclose any personal information about you or your use of the Beauty in The Pot Delivery Service and without your prior permission if Beauty in The Pot in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Beauty in The Pot or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.
Any non-personal information or material sent to Beauty in The Pot by you will generally NOT be treated as confidential.
For further details on use and disclosure of your personal information please see our Privacy Policy.

9. PROPRIETARY RIGHTS

COPYRIGHT

The Beauty in The Pot Website, all images, text, graphics, logos, sound, programs and any other material (“Content”) found on the Beauty in The Pot Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of the Beauty in The Pot Website and Content found on the Beauty in The Pot Website is strictly prohibited, without Beauty in The Pot ‘s express and prior written consent. Any reproduction or redistribution of Beauty in The Pot Delivery Service, and Content found on the Beauty in The Pot Website, not in accordance with the TOU herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
Elements of the Beauty in The Pot Website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by Beauty in The Pot.

GRANTS OF LICENSE AND RESTRICTIONS.

You acknowledge and agree that the Beauty in The Pot Website and any necessary software used in connection with the Beauty in The Pot Website (“the Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Beauty in The Pot reserves all rights in the not expressly granted herein, including without limitation ownership and proprietary rights.
The Software is made available for downloading solely for use by you for your individual, non transferable, non-exclusive and non-commercial use, use in connection with Beauty in The Pot Delivery Service. The Software is made available solely for use by you in accordance with the terms of this TOU and the terms of any end user license agreement (“License Agreement”) which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this TOU and any License Agreement. The Software is “in use” on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law.
Any reproduction or redistribution of the Software not in accordance with this TOU & Notices and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the provisions of Section 5 above, the Software is provided “as is,” and Beauty in The Pot hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

TRADEMARKS AND THIRD PARTY MATERIALS.

Beauty in The Pot reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively “Marks”) and nothing in this TOU grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with Beauty in The Pot. Beauty in The Pot and the Paradise Group Malaysia do not control or endorse the content of third party websites.

10. GENERAL

This TOU & Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and Beauty in The Pot regarding this TOU & Notices will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that the Beauty in The Pot Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Beauty in The Pot in and from Malaysia.
This TOU & Notices contain the entire understanding between the parties hereto with respect to the Beauty in The Pot Website, and supersedes all previous oral or written agreements or understandings between you and Beauty in The Pot, and no advice or information, whether oral or written, obtained by you from this Website (whether before or after the date you accept this TOU& Notices) shall create any obligation or warranty on the part of Beauty in The Pot not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by the Paradise Group Malaysia, third-party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU & Notices.
Beauty in The Pot ‘s performance of this TOU & Notices is subject to existing laws and legal process, and nothing contained in this TOU & Notices is in derogation of Beauty in The Pot ‘s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Beauty in The Pot Website or information provided to or gathered by Beauty in The Pot with respect to such use.
If any provision of this TOU & Notices is held invalid, the remainder of this TOU & Notices will continue in full force and effect, and If any provision(s) of the TOU & Notices is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This TOU & Notices shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU & Notices and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
Beauty in The Pot ‘s failure to insist upon or enforce strict performance of any provision of this TOU & Notices shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by Beauty in The Pot in writing.
Notices to you shall not be modified, except by an express modification by Beauty in The Pot as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you generally on the Beauty in The Pot Delivery Service.
Beauty in The Pot reserves the right to amend any of the provisions of this TOU from time to time. Amendments will be effective immediately upon notification on the Beauty in The Pot website. Your continued use of the Beauty in The Pot Website and participation of, the Beauty in The Pot Delivery Services, will represent an agreement by you to be bound by this TOU & Notices as amended.
You may not assert any claim against Beauty in The Pot in connection with the Beauty in The Pot Website unless you have given Beauty in The Pot written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to the Beauty in The Pot Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Beauty in The Pot may assign its rights and duties under this TOU to any party at any time without notice to you and this TOU shall be binding upon and inure to the benefit of each party’s respective permitted successors and assignees.

11. DELIVERY POLICY

Prices for all products and delivery services are subject to 6% Service Tax.
Customer can place order at least 3 hours in advance for self-pickup and deliveries. Orders will be delivered via Beauty in The Pot in-house drivers.
Delivery may be affected due to weather conditions, road blocks or other unforeseen circumstances. We will notify you if there are any delays.
Delivery fee is RM25 within 30km and RM45 if exceeded 30km from The Gardens Mall.
Delivery hours: 12pm to 7pm.
Self-pickup hours: 12pm-9pm.
Pictures shown are for illustration purposes only.
Payment can be made by FPX online transfer, credit card and debit card (Visa, MasterCard).

12. REFUND POLICY

We will refund if products is not available or spoiled.
Customer is eligible for a full reimbursement within 14 days of your purchase.
For credit card payment it may take 5-10 business days for a refund to show up on your credit card statement.

Should you have any questions concerning this TOU, or if you desire to contact Beauty in The Pot for any reason, you can submit an e-mail via this link https://beautyinthepot.com.my/contact-us/

BEAUTY IN THE POT WEBSITE TERMS OF USE

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