e-store Terms and Conditions
Welcome to our online store! CAREGIVERASIA.COM (“CAREGIVERASIA”) and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
(1) CAREGIVERASIA lists or posts services or products for sale to potential buyers; and
(2) Buyers buy such products and services.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit CAREGIVERASIA 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 this 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.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CAREGIVERASIA or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of CAREGIVERASIA, with copyright authorship for this collection by CAREGIVERASIA, and protected by international copyright laws.
CAREGIVERASIA’s trademarks and trade dress may not be used in connection with any product or service that is not CAREGIVERASIA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CAREGIVERASIA. All other trademarks not owned by CAREGIVERASIA or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CAREGIVERASIA or its subsidiaries.
LICENSE AND SITE ACCESS
CAREGIVERASIA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CAREGIVERASIA. 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: or any use of data mining, robots, or similar data gathering and extraction 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 express written consent of CAREGIVERASIA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CAREGIVERASIA and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing CAREGIVERASIA’s name or trademarks without the express written consent of CAREGIVERASIA. Any unauthorized use terminates the permission or license granted by CAREGIVERASIA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CAREGIVERASIA so long as the link does not portray CAREGIVERASIA, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CAREGIVERASIA logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. CAREGIVERASIA and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CAREGIVERASIA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant CAREGIVERASIA and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CAREGIVERASIA and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify CAREGIVERASIA or its associates for all claims resulting from content you supply. CAREGIVERASIA has the right but not the obligation to monitor and edit or remove any activity or content. CAREGIVERASIA takes no responsibility and assumes no liability for any content posted by you or any third party.
ELIGIBILITY AND AUTHORIZATION
By purchasing from CAREGIVERASIA you certify that you are at least 18 years old. You further authorize caregiverasia.com directly or through third parties, to make any inquiries we consider necessary to validate your identity, billing and shipping address to protect you from credit card fraud and to ensure proper delivery of your products.
This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources.
Any personal information collected for verification or during the transaction will remain confidential and will not be shared with third parties, with the exception of legitimate law enforcement authorities when a reasonable request is made.
RISK OF LOSS
All items purchased from CAREGIVERASIA are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
CAREGIVERASIA and its associates attempt to be as accurate as possible. However, CAREGIVERASIA does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by CAREGIVERASIA itself is not as described, your sole remedy is to return it in unused condition.
Minor variations in measurement (within 0.8 inches) are not considered a defect. You are responsible for ensuring that your sizing measurements are accurate. If you believe you have received a defective item, please contact CaregiverAsia at email@example.com with your order number, and a photograph of the defect.
Postage will be reimbursed for all items acknowledged to be defective. All defective items are to reach us within 14 calendar days from dispatch date for orders made in Malaysia, or 28 calendar days for international orders. Items must be unworn, unwashed, unaltered, and with its tags intact. If the replacement piece is no longer in-stock, store credit or a refund will be issued.
In the event the Product returned is not faulty, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
TYPOGRAPHICAL AND IMAGE ERRORS
In the event that a product is mistakenly listed at an incorrect price, caregiverasia.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.
caregiverasia.com is not responsible for typographical or photographical errors. Product descriptions and images are provided by the product manufacturer therefore any inaccuracy in product descriptions should be addressed with the manufacturer.
CAREGIVERASIA publishes delivery dates on a best effort basis. By ordering from caregiverasia.com, you accept that deliveries can be delayed for several reasons including but not restricted to holidays in Malaysia, shipping delays, products damaged in transit and other logistics issues.
CAREGIVERASIA shall not be liable for, any damages or claims related to delayed shipments. If you must have a product by a certain date, you are required to confirm the date, the quantity required and the delivery location with caregiverasia.com before you place an order with us.
CAREGIVERASIA works with third party partners to provide consumable products.
By completing your order on caregiverasia.com, you certify that you have verified your delivery address as being accurate. You additionally confirm that an authorized person will be available at that address on the estimated delivery date (or as notified to you by email once the product is shipped) to accept and sign for the package.
Under no circumstances will a package be left at an unattended location.
ORDER CONFIRMATION & VERIFICATION
By completing an order on caregiverasia.com, you verify that the order is final and accurate, including products, their quantities and shipping address. Due to automated processes with vendors and third parties, caregiverasia.com cannot change products and quantities in an order, once it has been placed.
RETURN & EXCHANGE POLICY
At CaregiverAsia, we understand that finding something that fits isn’t always simple, which is why we want to make your shopping experience with us easy and fuss-free!
Courses and Workshops
• Course and workshops bought on the CaregiverAsia e-store must be fulfilled and completed. Failure of which, the course or workshop will not be refunded.
• CaregiverAsia reserves the right to amend or cancel any classes, class times or dates. Changes in class times and dates will be advised before the date of commencement.
• All cancellations must be received in writing via email to firstname.lastname@example.org within 24 hours of registration. Any cancellation after 24 hours of registration will not be refunded.
• Please contact CaregiverAsia at email@example.com for cancellation requests and quote your order number. We will review your email and offer a refund or replacement depending on our evaluation of your concern.
Supplies and Consumables
• Nursing and medical products sold are non-refundable and non-exchangeable for hygiene reasons.
• Should a product be faulty or incorrectly delivered, we will offer a replacement subject to availability.
• Requests for replacement of faulty or incorrectly delivered product must be done within 7 days of receiving the product via email to firstname.lastname@example.org. Please quote your order number for any requests.
• All products must be packed in original packaging and include any accessories, manuals, documentation and registration that shipped with the product.
• All products sold and ordered online cannot be cancelled or refunded but may be exchangeable for other sizes.
• Size exchange is applicable only to clothing in original condition (unworn and unwashed) with product tag attached and in its original packaging
• We reserve the right not to accept returned clothing for exchange.
• Exchange must be communicated via email and done at our office within 7 days of receiving the product.
• All medical products sold are non-refundable and non-exchangeable for hygiene reasons.
You may use promotional vouchers and e-gift cards while making payment for Products on the Site. Specific details for promotional vouchers and e-gift cards are listed below.
To redeem vouchers in your Account or check an existing credit, please visit “”My User Account”” on the Site, and we accept no Liability for errors in the email address of the voucher recipient.
If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with an e-gift cards purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
We assume no Liability for the loss, theft or illegibility of gift or promotional vouchers.
In rare cases, CAREGIVERASIA may at its sole discretion discontinue or cancel any voucher previously issued and will not be responsible for any losses arising therefrom.
Conditions for the redemption of promotional vouchers:
(a) Promotional vouchers are valid for the specified period stated on the voucher, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items. We may exclude individual brands from voucher promotions in accordance with our sales strategies.
(b) If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
(c) The credit of a promotional voucher does not accrue interest, nor does it have a cash value.
(d) If the credit of a promotional voucher is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.
8. Conditions for the redemption of e-gift cards:
You may purchase e-gift cards for use on the Site by you or other Customers. These e-gift cards will be sent by email.
(a) E-gift cards cannot be used to buy further e-gift cards. E-gift cards may only be purchased through debit card, credit card or PayPal.
(b) The credit of an e-gift cards does not accrue interest nor does it have a cash value.
(c) If the credit of an e-gift cards is insufficient for the Order you wish to make, you may make up the difference using one of our accepted payment methods.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY CAREGIVERASIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAREGIVERASIA 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 AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYCOMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAREGIVERASIA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CAREGIVERASIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAREGIVERASIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
PERSONAL DATA PROTECTION POLICY
CAREGIVERASIA and our subsidiaries are committed to protecting the personal data and privacy of its clients both online and offline, in accordance with the Personal Data Protection Act 2010 (“PDPA”). We also recognize the importance of the personal data you have entrusted to us and have put in place appropriate policies and procedures to properly manage, process, safeguard, secure and/or dispose the personal data we collect.
If you have any questions or feedback relating to the use or disclosure of your personal data, please contact our Data Protection Officer via email at email@example.com
By visiting CAREGIVERASIA, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CAREGIVERASIA or its associates.
Any dispute relating in any way to your visit to CAREGIVERASIA or to products you purchase through CAREGIVERASIA shall be submitted to confidential arbitration in Malaysia, except that, to the extent you have in any manner violated or threatened to violate CAREGIVERASIA’s intellectual property rights, CAREGIVERASIA may seek injunctive or other appropriate relief in any state or federal court in the relevant state and jurisdiction , and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Malaysia Arbitration Act 2005. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to CAREGIVERASIA. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
LINKS TO THIRD PARTY SITES
CAREGIVERASIA may contain links to third party websites that are not affiliated with or owned, operated, or controlled by CaregiverAsia, including third party payment system providers. You acknowledge and agree that CaregiverAsia is not responsible for the content, privacy policies, or practices of such third- party websites or the companies that own them. By using the Site, you expressly relieve CaregiverAsia from any and all liability arising from your access and use of any third-party website.
We encourage you to review the terms and conditions and privacy policies of any third-party websites before using them and disclosing your personal data to them.
We will determine in our sole discretion whether there has been a breach of these T&Cs through your use and/or access of the Site. When a breach of these T&Cs has occurred, we may take such action as we deem appropriate, including:
– Immediate, temporary or permanent withdrawal of your right to use and/or access the Site;
– Issuing a warning to you;
– Commencing legal proceedings against you for loss resulting from your breach; and
– Disclosure to law enforcement authorities of such information as we reasonably deem necessary.
We exclude liability for any actions taken in response to breaches of these T&Cs. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with two Business Days of being posted to the recipients address within Malaysia.
(b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
1. All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of CAREGIVERASIA or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by CAREGIVERASIA and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
2. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of CAREGIVERASIA in Malaysia and other countries. CAREGIVERASIA’s trademarks may not be used in connection with any product or service that is not provided by CAREGIVERASIA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CAREGIVERASIA. All other trademarks not owned by CAREGIVERASIA that appear on the Site are the property of their respective owners.
3. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged
4. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event CAREGIVERASIA becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
5. If you print, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by CAREGIVERASIA or its licensors.
CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
1. We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
2. In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any Liability other than a refund of a Product already paid for by you and not delivered.
3. If we have Contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
4. We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event
You agree to indemnify, defend, hold harmless CAREGIVERASIA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third- party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Site or your breach of the Terms and Conditions
GUARANTEE AND COMPLAINTS MANAGEMENT
CAREGIVERASIA shall perform its obligations under these Terms and Conditions with reasonable skills and care. We place great value on our Customer satisfaction. You may contact us at any time using the contact details given in clause 6.4 of these Terms and Conditions. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint. In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that we assign you in the Order Confirmation. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within five (5) Business Days, please make further enquiries.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us
THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.