TERMS OF USE
Accesses to and use of the StemHeal Member’s Portal or Stemheal2.com and the products and services available through this Website are subject to the following Terms of Use. The words ‘we’, ‘us’, ‘STEMHEAL’, ‘Stemheal2u.com’, mean Stemheal Sdn Bhd. The term ‘you’, ‘your’ and ‘SHM’ refer to Members.

ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS OF USE

These terms of use currently apply but may be amended or edited from time to time. Please read these terms of use carefully before you use this Website. By using this Website, you expressly agree to be bound by these terms as they now are or as amended or edited from time to time and acknowledge that you have read, understood and accepted them. However, if after having read these terms of use and you do not agree with them you must discontinue your use of this site.

GOVERNING LAW

All matters and issues relating to the use or interpretation of these terms of use shall be governed by Malaysian laws for Malaysian citizens and / or permanent residents.  All matters and issues relating to the use or interpretation of these terms of use shall be governed by Malaysia laws for Malaysia citizens and / or permanent residents.

INTENDED USE

This site is a business and commercial site, and therefore is not intended for persons under the age of 18. If you are under 18, you should speak to your parents, your guardian, or a responsible adult and obtain their permission to use this site.

DISCLAIMER AND LIMITATION OF LIABILITY

The information, materials and services contained on this site are provided to you on an “as is”, and “as available” basis. We do not warrant or guarantee the accuracy or completeness of this information, statements, contents or materials, and expressly disclaim any liability for any errors, omissions and/or inaccuracies in this information, statements, contents and materials. Stemheal Member’s Portal and Stemheal2u.com shall endeavour its best but is not obliged to correct any inaccuracies, errors, omissions or typographical errors in the information posted to this Website, and such information including information on pricing and availability of goods may be changed, amended or updated without notice.

To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory. In addition, we do not warrant, guarantee or make any representation regarding the security of accounts, or that this site is free form destructive material, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free.

To the maximum extent permitted by law, we disclaim liability for any damages including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with:

• Use of this site, or inability to see this site by any party; or
• Any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
• Line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.

In the event that any provision(s) contained in these Terms of Use is held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of the terms which shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had never existed. Stemheal’s failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any terms, provision or right.

INTELLECTUAL PROPERTY

Unless otherwise indicated, all Website design, text and graphics is Copyright 2023 STEMHEAL.

All Rights reserved. Except as stated herein, none of the material may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purposes unless such use is permitted by STEMHEAL.

TRADEMARKS

All tradenames domain names, brand names, trade symbols, logos, slogans, trademarks or services marks consisting of the name STEMHEAL and whether followed with an asterisk (*) or TM are trademarks or proprietary interests of Stemheal Sdn Bhd, Malaysia.  There are other trade names, brand names, trade symbols, logos, slogans, trademarks, service marks, brand names, company names, logos, slogan, trademarks or service marks indicated on this website that are the property of their respective owners.

LINKS

This Website may contain numerous links to other Internet Sites including, without limitation, i.e. other affiliation sites and sites that may provide advice or other goods and services which are operated by third party vendors. The provision of the link does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through the associated Websites. By utilising these links, you acknowledged and agreed that we are not responsible for the actions, contents, accuracy, privacy, policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledged and agreed that we are not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.

DISPUTE RESOLUTION

Any dispute arising in connection with these Terms of Use or in connection with the use of the Stemheal2u.com website which cannot be resolved by good faith negotiations shall be referred to mediation or to arbitration. 

NO UNLAWFUL OR PROHIBITED USE

As condition of your use of this Website, you will comply with all applicable laws, statutes, ordinance and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Website for any purposes that is unlawful or prohibited in law or by these terms, conditions and notices. You agree:

• Not to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive to another’s’ privacy, hateful, or racially, ethnically or otherwise objectionable.
• Not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Not to collect or store personal data about other users.
• Not to interfere with or disrupt the service or services or networks connected to the service, or disobey any requirements, procedures, policies or regulations of the networks connected to the service.

SUBMISSIONS

Any material, information or ideas you transmit or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by STEMHEAL or its related and affiliated companies for any purposes whatsoever, including, but not limited to, reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to STEMHEAL will be handled in accordance with STEMHEAL Privacy Policy. STEMHEAL has no responsibility to respond to messages posted at this site.

SECURITY

We understand that shopping on the Internet security is of paramount importance to you. We guarantee that all reasonable precautions to protect your transactions via StemHeal Member’s Portal or Stemheal2u.com have been taken so that you can have as safe and secure a shopping experience as can be reasonably provided.

When you place orders on Stemheal Member’s Portal or Stemheal2u.com, your transactions are encrypted using Secure Sockets Layer (SSL) encryption technology. Encryption scrambles the information transmitted across the Internet, including names and address. SSL also verifies the identity of the server and confirms that the original message arrives safely at its destination.

TERMS AND CONDITIONS OF SALE

The sale of the goods under this Purchase Contract is conducted by STEMHEAL SDN. BHD. (hereinafter known as “Stemheal Member’s Portal”,  “Stemheal2u.com”, “STEMHEAL”, “we”, “us” or “our”) with registered office at NO 1 1st floor Jalan BS 9/7B, Tmn Bukit Serdang Seksyen 9, 43300 Seri Kembangan Selangor Malaysia.

Each order placed with us by means of the internet via Stemheal Member’s Portal or StemHeal2u.com shall be governed by these Terms and Conditions of Sale (“Conditions”).

They shall apply to the exclusion of all other conditions. By placing an order with us, StemHeal Member’s Portal or Stemheal2u.com, you acknowledge that you have read, understood and accepted, without reserve, to be bound by these Conditions which shall apply to all items advertised on the website at StemHeal Member’s Portal or Stemheal2u.com (the “Website”). Please read these Conditions carefully. You should print a copy of these Conditions for future reference. If you do not accept them, you will not be able to place order from the Website. We reserve the right, at any time, to modify these Conditions by posting a new dated version on this website. By placing an order after we have posted a new version of its Conditions, you agree to be bound by that updated version.

You warrant and represent that: You are legally capable of entering into binding agreements; and you are 18 years of age and above.

No minimum value of order is required to proceed with placing the order. There will be a shipping fee charged based on the weight of item(s) you ordered as well as the shipping method and destination of your order. 

All orders are subject to availability of stock. We reserve the right to refuse/cancel orders whether in whole or in part at any time after receiving/acknowledging your order by notifying you via your registered email, address or mobile number and we shall have no further liability to you. Bulk orders from the trade or consumer groups will not be accepted.

Title in the products passes to you on clearance of the payment to us. The risk in the products/s passes to you on the delivery of the products to you.

PRE-ORDER

No cancellation or refund once you have made a pre-order. If we are unable to ship your order within 90 days of your per-order being placed, we shall issue you a refund and your pre-order will be cancelled.

Due to variances in the manufacturing processes, the final products shipped to you may vary from the image published. STEMHEAL disclaims any warranties, express or implied, with respect to the prototype product displayed by STEMHEAL whether before or after you have placed the pre-order.

PRICE

The items indicated as for sale in this Website are available for sale at the prevailing Malaysian Ringgit prices indicated on the website. We reserve the right to change prices for products displayed at/on the Website at any time, and to correct pricing errors that may inadvertently occur, without prior notice. Products are subject to availability and prevailing market conditions. In the event of non-availability of any products, this will be stated on the website or you will be informed accordingly.

METHOD OF PAYMENT

Payments may be made by credit cards: Visa or MasterCard, Debit Cards with Visa or MasterCard logo or Online Banking. These payment methods may also be subject to the following terms:

Credit Card
We accept all Visa and MasterCards Credit Cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information is protected by industry leading encryption standards.

Debit Cards
We accept payment via Debit Cards with Visa or MasterCard logo.  All debit card numbers shall be protected by industry leading encryption standards.

Online Banking
By choosing this payment method, you shall transfer the amount of the total purchase price for the Goods purchased by you to our account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. STEMHEAL, in its sole discretion, may refuse this payment option service to anyone or any customer without notice for any reason at any time.

We will not dispatch your order until we have received cleared funds from your account. If we are unable to charge your payment card we will notify you via email.

We reserve the right to terminate our agreement with you and any order placed by you, without any liability to any person, if we are refused authority for payment or reasonably believe that payment will be refused at any stage, if the order placed or if you breach any of the terms of this agreement or applicable laws.

DELIVERY

Delivery will be made to the address specified by you when you register on the Website, provided the address is within West Malaysia and East Malaysia. We do not deliver to P.O. Box, supermarket or hypermarket. You have the ability to change this address through the “edit profile” feature and during the confirmation stage at the checkout. It is your responsibility to ensure you are available to receive the delivery.

When an order is accepted, we will do our utmost to ensure your order is dispatched within FIVE (5) working days of placing the order subject to availability of stock and receipt of clear funds, however STEMHEAL cannot be held liable for any failure or late deliveries for any reason; any damage or loss due to unloading or packaging; or damage to property caused upon entering premises to deliver the products.  We will, however, work with our appointed courier service and yourself to ensure a smooth delivery.

EXPORTING & IMPORTING

The StemHeal rules of conduct are established to uphold essential standards of behaviour to support and preserve the benefits of the StemHeal Networking Programe equitably for all SHM.

Why is exporting & importing or selling of StemHeal products from Malaysia to any other country or vice versa prohibited? The prohibition is essential for the following reasons:

• To provide a fair business opportunity for all StemHeal SHM and to uphold fair trade in the business
• To protect the StemHeal business and reputation
• Restriction by the regulations on packaging, labelling, ingredient content and formulation
• Customs and excise duties and other related laws
• Product liability
• Tradename and trademark protection
• The requirement for product registration to legally retail the product in the country
• Literature content or language requirements.

RETURN, EXCHANGE & REFUND POLICY

All goods sold are not returnable, exchangeable and non-refundable unless otherwise stated below:

• If the wrong product which is different from the Order is delivered; or
• If the product is out of date or expired; or
• If the product which was ordered and invoiced is not included in the delivery, we shall replace the product

Please notify us by contacting us or emailing us within seven (7) days upon receiving the products. Upon receiving the request, we will direct the customer of the procedures in respect of products and exchange. 

REFUNDS

Goods are considered delivered in good and working condition upon signing off by the Customer or Customer’s representative. Any damage after which will be under the full responsibility of the customer and this includes Customer or Customer’s representative’s instruction of leaving the goods outside the premises, passing goods to the neighbour etc.

Goods will remain sealed and packed in good condition during delivery. Do not receive it if the seal if broken.

Refund will be processed in the event of the following exceptional circumstances:

• Failed Delivery
  If the courier is not able to deliver the products to you at the address you have specified for any reason(s) whatsoever, we will attempt to notify you while the parcel will be kept at the warehouse of Stemheal or Courier company at your own risk until being claimed by you.

  Any additional shipping charges shall be borne by you.

• Unavailability of Goods
  If the products are not available for any reason whatsoever after we have accepted your order, we will inform you accordingly. Any amount that has been paid will be refunded.

  If a Customer is charged more than the value of a product as displayed on the site when the Customer makes the Order, we shall refund to the Customer the difference.

Amount to be refunded will be nett of whatever shipping charges, transaction fees (if any), and incidental cost and expenses incurred (if any).

All refunds will be made via the same mode of payment within 2 months and depending on the appointed bank refund policy in which your receipt of the refund will depend on the period of time your financial institution takes to finalise the refund.

We shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in your financial institution processing of the said refund.

In some rare cases, there may be minor differences or defects on the product packaging. In the case where the differences or defect does not affect product usage, there will be no refund or exchange of products.

AMENDMENT OF ORDERS & CANCELLATION

Orders on the website are final and cannot be cancelled.

REGISTRATION OBLIGATION

You shall:

• Provide true, accurate, current and complete information about yourself as prompted by the Registration form.
• Maintain and promptly update the Registration data to keep it true, accurate, current & complete.

All Members must use a confidential password in order to logon to the password protected areas of this Website. You shall maintain the confidentiality of your password. You shall immediately notify STEMHEAL of any unauthorised use of these Identifiers, or any other breach of security. You are fully responsible for all activities that occur under these Identifiers. STEMHEAL is not responsible for any misuse of your account by someone who uses your Identifiers.

TERMINATION

You agree that STEMHEAL, in its sole discretion, may terminate your password, account (or any other part thereof) or use of the service, and remove and discard any content within, for any reason, including, without limitation, for lack of use or if STEMHEAL believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.

SURVEY AND QUESTIONNAIRES

StemHeal Member’s Portal or Stemheal2u.com may contain several optional surveys and questionnaires throughout the site asking for information. We use the information you provide to help customise your shopping experience, showing you the content, we believe you might be interested in, in order of your reference, as well as to provide advice and purchase recommendations.

SPECIAL OFFERS OR PROMOTIONS

From time to time, and, at our complete discretion, purchases of goods may be subject to special offers or promotion subject to respective terms and condition. You are required to key in the respective Promotion Codes issued by STEMHEAL to enjoy such special offers.

GENERAL

Applicable laws require that certain communications should be in writing. You agree that we may communicate with you by email, text message, by posting notices on the website or by writing to you at your postal address and accept (without affecting your statutory rights) that such communications comply with any legal requirements for any communications to be in writing.

This agreement and all matters in connection therewith shall be governed by Malaysian law and the parties submit to the exclusive jurisdiction of the Malaysian courts. We have the right to amend these conditions from time to time. You will be subject to the terms and conditions in force at the time that you place on order, unless any change to such terms and conditions is required by law or government authority.

You may write to us at customerservice@stemheal2u.com or talk to our Customer Service team via WhatsApp: +6010-2492011 (Operating Hour: 10:00 am to 6:00 pm, Monday to Saturday).  We will respond to you within FIVE (5) working days upon receiving your email.