1) ACCEPTANCE OF TERMS & CONDITIONS
i. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE/APPLICATION. BY USING THE SITE/APPLICATION, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
ii. PHYCO ELIXIR SDN. BHD. may update this Agreement from time to time without prior notice to you. We encourage you to review this Agreement periodically for any updates or changes. By accessing, browsing, framing, using and/or linking to the Site/Application, you become a member and agree to be bound by the terms of this Agreement.
iii. When using a particular feature of the Site/Application, you may also be subject to any posted guidelines, rules, terms of service, acceptable use policies, privacy policies, or other contractual provisions as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement, please contact PHYCO ELIXIR SDN. BHD. by email at info@phycoelixir.com before using the site/application. We will communicate with you by email or by posting notices on this site/application. 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.
2) PRIVACY
You agree that you have read and understood the terms of PHYCO ELIXIR SDN. BHD.’s Personal Data Protection Notice.
3) USE OF THE SITE/APPLICATION
i. You understand that PHYCO ELIXIR SDN. BHD. cannot and does not guarantee or warrant that files available for downloading from the site/application will be free of infection or viruses, worms, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the apps for the reconstruction of any lost data.
ii. PHYCO ELIXIR SDN. BHD. reserves the right to add to, modify or discontinue the site/application or portions of the site/application at any time in its sole discretion. Any such additions, modifications or discontinuations will be subject to these Terms of Use.
4) SYSTEM INTEGRITY
You may not use any device, software, or routine to interfere with the proper working of the apps. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the apps including but not limited to unsolicited email (i.e. “Spam”).
5) RISK / INTERNET USE
You assume total responsibility and risk for your use of the site/application and the internet. You acknowledge and agree that any uploads or transmissions you make may be intercepted and used by an unauthorised third party and that all the risk associated therewith is solely yours.
6) SYSTEM OUTAGES
PHYCO ELIXIR SDN. BHD. periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. PHYCO ELIXIR SDN. BHD. shall have no liability whatsoever for the resulting unavailability of the site/application or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third-party acts or any other outages of web host providers or the internet infrastructure and network external to the apps.
7) INTELECTUAL PROPERTY
The content of the site/application, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content”) is the property of PHYCO ELIXIR SDN. BHD. and/or its affiliates or partners and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the site/application solely for your personal non-commercial use or your non-commercial use within your organization or as otherwise permitted. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of PHYCO ELIXIR SDN. BHD.. You may not, and this Agreement does not give you permission to reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license, or create derivative works with respect to the site/application. Certain content may be licensed from third parties and all such third-party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter, or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site/application or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by PHYCO ELIXIR SDN. BHD.. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of PHYCO ELIXIR SDN. BHD. or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any PHYCO ELIXIR SDN. BHD. copyright.
8) YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the site/application, you agree to:
i. provide true, accurate, current, and complete information about yourself or your organization as prompted by the site/application (the “Registration Information”); and
ii. maintain and update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and decline to permit your continued use of the site/application and future access to the site/application. You are responsible for maintaining the confidentiality of your password and account number and are fully responsible for all activities that occur under your account number and password. You agree that your password may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your passwords or account identification information to third parties. You agree to immediately notify us of any unauthorised use of your password or any other breach of security. PHYCO ELIXIR SDN. BHD. shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised password.
9) PURCHASES AND PRODUCT PRICING
i. Product Purchases and Pricing: All billing and other information submitted to this site/application must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use. By completing the checkout process you agree to accept and to pay for the product(s) or service(s) requested. You represent and warrant that you have the legal right to use any credit card or other payment means used to complete any transaction. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, PHYCO ELIXIR SDN. BHD. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. PHYCO ELIXIR SDN. BHD. shall have the right to refuse or cancel any such orders whether the order has been confirmed or not and the user’s credit card charged. PHYCO ELIXIR SDN. BHD. reserves the right in its sole discretion to refuse or cancel any order for any reason. If your credit card has already been charged for the purchase and your order is cancelled, PHYCO ELIXIR SDN. BHD. shall immediately issue a credit to your credit card account in the amount of the charge. PHYCO ELIXIR SDN. BHD. attempts to be accurate in all product descriptions. Nevertheless, PHYCO ELIXIR SDN. BHD. does not warrant that any product description or other content on the site/application is accurate, complete, reliable, current, or error free. If you find a product is not as described your sole remedy is to return it pursuant to PHYCO ELIXIR SDN. BHD.’s return policy.
ii. PHYCO ELIXIR SDN. BHD. reserves the right, with or without prior notice:
a) to impose conditions on the honouring of any coupon, coupon code, promotional code, or other promotion,
b) to change a product description,
c) to limit the availability of any product or service,
d) to refuse to provide any services to users or customers.
iii. Promotions: This site/application may contain contests or promotions that require you to send material or information about yourself. Please note that any such contest or promotion offered through the site/application may be governed by a separate set of terms and conditions that may include among other things, eligibility requirements such as age limits and geographical restrictions. If you decide to participate in such contests or promotions, it will be your responsibility to familiarize yourself with any relevant terms and conditions, and by your participation you agree to comply with any such terms and conditions which shall be binding and final in all respects.
iv. Any claims or causes of action with respect to this site/application must be commenced within one year after the claim arises. Price and availability of any PHYCO ELIXIR SDN. BHD. Product or service may be changed at any time without notice.
10) GOVERNING LAW
This Agreement and access to the site/application shall be governed by and construed in accordance with the law of Malaysia. If any provision of the terms and conditions is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect.
11) USER FEEDBACK
Should any user respond to PHYCO ELIXIR SDN. BHD. with information including feedback, such as questions, requests, opinions, comments, suggestions, or the like regarding the content of any PHYCO ELIXIR SDN. BHD.’s document, site/application, or services, such information shall be deemed to be non-confidential and Sciencegates shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. PHYCO ELIXIR SDN. BHD. shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
12) ACCEPTABLE AND LAWFUL USE OF THE SITE
Any information provided to PHYCO ELIXIR SDN. BHD. in connection with use of the site/application:
i. shall not be false, inaccurate, or misleading,
ii. shall not be obscene or indecent,
iii. shall not contain any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information,
iv. shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy,
v. shall not be defamatory, libellous, unlawfully threatening or harassing and,
vi. shall not create liability for PHYCO ELIXIR SDN. BHD. or cause us to lose the services of our internet service providers or other suppliers. The sender of any communications to this sit/application or otherwise to PHYCO ELIXIR SDN. BHD. shall be responsible for the content and information contained therein, including its truthfulness and accuracy. This site/application is provided as a service to its visitors. PHYCO ELIXIR SDN. BHD. reserves the right to delete, modify or supplement the content of this site/application at any time for any reason without notification to anyone.
13) SEVERABILITY
If one or more portions of this agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in this agreement.
14) ENTIRE AGREEMENT, UPDATES, AND MODIFICATION
This agreement and any documents expressly incorporated by reference constitute the entire agreement between PHYCO ELIXIR SDN. BHD. and you pertaining to the subject matter hereof. In its sole discretion, PHYCO ELIXIR SDN. BHD. may unilaterally amend or modify this agreement, or any other documents referenced herein at any time by posting on the site/application. Any amended or modified terms will be effective upon posting. Continued use of the site/application constitutes acceptance of any modified terms and conditions.
15) ASSIGNMENT
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of PHYCO ELIXIR SDN. BHD. except pursuant to the sale of your business, or all or substantially all its assets. PHYCO ELIXIR SDN. BHD. may at any time, assign its rights or delegate its obligations hereunder without notice to you.
16) THIRD PARTY BENEFICIAL RIGHTS
No person not a party to this agreement is intended to be a beneficiary of this agreement, and no person not a party to this agreement shall have any right to enforce any term of this agreement.
17) TERMINATION
PHYCO ELIXIR SDN. BHD. may immediately issue a warning, suspend, or terminate your access to the site/application for breach of this agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by contacting us at 016-2111634 / info@phycoelixir.com . If you terminate your account, you must terminate any use of the sit/application. In the event these Terms of Use are terminated, the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms of Use will survive.
18) POLICY REGARDING COPYRIGHT INFRINGEMENT
You may not use the site/application in violation of any copyright and trademark laws of Malaysia. If you believe that your work has been used on our site/application in any manner that constitutes copyright infringement under laws of Malaysia, please notify PHYCO ELIXIR SDN. BHD. copyright agent by email stated: info@phycoelixir.com
19) PHYCO ELIXIR SDN. BHD. COPYRIGHT NOTICE
PHYCO ELIXIR SDN. BHD. respect the intellectual property rights of others and requires those who visit our site/application to do the same. PHYCO ELIXIR SDN. BHD. may in appropriate circumstances and at its discretion, remove or disable access to material on its site/application that infringes upon the copyright rights of others. PHYCO ELIXIR SDN. BHD. also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. If you believe that your work has been used on our site/application in any manner that constitutes copyright infringement, please notify PHYCO ELIXIR SDN. BHD.’s copyright agent by written notice. The notice should include the following information:
i. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed,
ii. A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found,
iii. Your name, address, telephone number, email address, and a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law and,
iv. A statutory declaration signed by you, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright’s owner.