1.1 Welcome to the http://www.bphealthcare.com/BPFET/ website. These Terms and Conditions govern your rights and obligations regarding the access and/or use of the Site, subject also to other terms applicable to specific goods and/or services offered on the Site
1.2 By accessing, browsing, downloading and/or using the Site, you:
(a) acknowledge that you agree to comply with and be bound by these Terms and Conditions, as amended from time to time. If you do not agree to these Terms and Conditions of use, you shall not use the Site; and
(b) represent to the Company that you are at least 18 years old and have the power and authority to enter into a legally binding contract with the Company.
1.3 The Company reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
1.4 The Company may change or update the Site and any information on the Site at any time without notice to you or liability to us. We may also suspend, discontinue, or restrict access to and/or use of, the Site or the Service temporarily or permanently at any time without notice to you or liability to the Company.
2.1 Save and except where the context otherwise requires, the following words and expressions shall have the following meanings:
“Company” means BP Food Testing Sdn. Bhd.] (Company No. 645318-K) and/or BP Environmental Testing Sdn. Bhd. (Company No. 964757-P);
“Customer Account” means the Customer Account for the Service maintained by the Company on behalf of the Customer in which the personal details of the Customer and the Service will be recorded and made available therein;
“Force Majeure Event” means an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), Act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or subcontractors, faults or failures in telecommunication, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, computer hacking, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, unauthorized access to computer data and storage devices, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, etc;
“Laboratory Service” means a copy of laboratory testing report(s)/result(s) issued by the Company to the Customer by making such laboratory testing report(s)/result(s) available on the Customer’s Account;
“Partner” means the provider or supplier of the goods and/or services for sale or offer for sale on the Site;
“Personal Data” has the meaning in the Personal Data Protection Act 2010 which may be amended from time to time;
“Service” means facilitating the transaction(s) between the customer and the Partner including without limitation the ordering and purchasing of goods and/or services for sale or offered for sale on the Site;
“Site” means the http://www.bphealthcare.com/BPFET/ website, which includes mobile applications, Internet service and/or software under control or ownership of the Company and all of its divisions, subsidiaries, affiliate, and/or any other entities in BP Healthcare Group;
“Terms and Conditions” means the terms and conditions contained herein govern access and/or use of the Platform;
2.2 The clause headings are for ease of reference only and shall not be used in the construction thereof.
2.3 All references to a statute or to any guideline or directive, or any clause of or other provision of a statute, guideline or directive, include any modification, extension, re-enactment or replacement thereof in force at any particular time and in respect of a statute includes all regulations, rules, orders, directives, notices and other instruments then in force and made under or deriving validity from the relevant statute or clause.
2.4 Except where otherwise stated, any reference to “law” includes constitution, decree, judgment, legislation, order, ordinance, regulation, statute, treaty, by-law, governmental directions, orders or guidelines or other legislative measures in Malaysia.
2.5 All references to the singular number shall include references to the plural number and vice versa.
2.6 Words denoting masculine gender include the feminine and neuter genders and vice versa.
2.7 All references to “include” and “including” shall be construed without limitation.
2.8 Words applicable to natural persons include any body of persons, companies, corporations, firms or partnership, corporate or incorporate or vice versa.
2.9 No rule of construction shall apply to the disadvantage of one party merely because that party was responsible for the preparation of the Terms and Conditions.
3.1 You shall not abuse or misuse your Customer Account, the Site or the Service, including but not limited to:
(a) by engaging in any illegal or fraudulent activities;
(b) by supplying or attempting to supply any false or misleading information, or make misrepresentation to the Company;
(c) in any manner that may damage, disable, overburden, corrupt or impair the Customer Account, the Site, the Service, the hardware or application and software system, security protocols, information or other operations or interfere with any party’s use and enjoyment of his or her Customer Account, the Site or the Service;
(d) by attempting to gain or gaining unauthorised access to any account(s) other than his or her own Customer Account through hacking, password mining or any other means;
(e) by posting, emailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and
(f) by using meta-tags or code or other devices containing any reference to the Company, the Services or the Site in order to direct any person to any other website for any purpose.
3.2 You shall be responsible for maintaining the confidentiality of your username and password and for all activities that occur under your Customer Account, and regularly checking your Customer Account and keep your personal details up to date. You shall notify the Company of any changes, omissions or incorrect details as soon as you become aware of any of them. The Company shall not be responsible for any failure by you to notify the Company of any such changes, omissions or incorrect details or for any incorrect information notified to the Company.
3.3 You agree to immediately notify the Company of any unauthorized use of your Customer Account or any other breach of security. You should use particular caution when accessing your user account from a public or shared computer so that others are not able to view or record your password or other personal information.
3.4 You are liable for any payments chargeable under your Customer Account.
3.5 The Company may include certain services that are available via your mobile phone (“Mobile Services”). You should check your mobile carrier's normal messaging, data and other rates and fees which may apply and for which you are solely liable. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You should check with your carrier to find out if the Mobile Services are available in respect of your mobile devices, and what restrictions, if any, may be applicable to your use of the Mobile Services on your mobile devices.
3.6 You are solely responsible for your computer, system or other device from which you access the Customer Account and the Site, including but not limited to the maintenance, operation and permitted use of such computer, system or other device and that it is your obligation to comply with any criteria imposed by the Company from time to time in respect of your computer, system or other device from which you access the Customer Account, the Website and the Service (including any software used).
3.7 You shall not access the Customer Account or the Site using any computer, system or other device which you do not own unless you have received the owner’s permission.
3.8 You shall ensure that any computer, system or other device from which you access and use the Customer Account and the Site shall be properly maintained and shall be from any defects, viruses or errors.
3.9 You shall ensure that your computer or laptop is loaded with the latest anti-virus and anti-spyware software and that the software are at all times installed and updated with the latest pattern.
3.10 You shall ensure that you downloaded application from trusted channels and genuine application and all downloaded application is at your own risk.
3.11 You agree that any material downloaded or otherwise obtained through the use of the Customer Account, the Site, and the Service is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
3.12 You agree to follow and adhere to any registration, processing and/or payment instructions or guidelines provided to you by the Company on the Site. The Company shall not be liable for the consequences of your failure or non-adherence, whether fully or in part, to follow or adhere to any such instructions or guidelines.
4.1 Customers shall be entitled to make payment for the Laboratory Services pursuant to the various payment methods set out in the Site.
4.2 After you confirm your order, you shall receive a receipt with a confirmation code at which point a legally binding contract in relation to Laboratory Services that you have ordered shall come into existence between you and the Company.
4.3 You acknowledge that the delivery of any Laboratory Service pursuant to your order shall be subject to your payment having been received in cleared funds.
4.4 The Company shall not be responsible for any fee incurred due to your use of credit card in connection with any payments here under and taxes, including withholding tax, sales tax, services tax, value-added tax (VAT) or goods and services tax (GST) imposed by any government entity in respect of the Services.
4.5 Additional charges may be incurred due to Foreign Exchange.
4.6 By making payment via online banking, the customer shall transfer the payment for the purchase(s) to an account nominated by the Company for the total amount of the purchase(s) (including any applicable taxes). The transaction must be payable in US Dollars. The Company shall not be responsible for any fee incurred due to your use of credit card in connection with any payments here under and taxes, including withholding tax, sales tax, services tax, value-added tax (VAT) or goods and services tax (GST) imposed by any government entity in respect of the Services.
5.1 You hereby grant the Company an exclusive, royalty-free, perpetual, transferable and irrevocable licence to:
(a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display any comments, bug reports, or feedback provided by you to the Site (collectively, “Customer Feedback”) throughout the world in any media for any purpose, now known or hereafter devised; and
(b) use the name that you submit in connection with your Customer Feedback. You represent that your Customer Feedback are non-confidential, non-proprietary, and do not breach any third party’s rights.
5.2 You further agree that Customer Feedback of the other customers and Site users are not monitored for accuracy, completeness, thoroughness or timeliness, and do not constitute medical or healthcare advice or recommendation of any kind.
5.3 The Company reserves the right for any reason in its sole discretion to remove without notice any Customer Feedback from the Site.
6.1 All transactions once completed and confirmed cannot be cancelled, exchanged, or refunded under any circumstances. No refunds or exchanges of any kind will be entertained.
7.1 The Company reserves the sole and absolute right to:
(a) add, amend and/or vary the Services without assigning any reasons whatsoever and without any prior notice; and/or
(b) suspend the operation of the Customer Account and/or terminate the Customer Account without assigning any reasons whatsoever and without any prior notice.
8.1 You hereby irrevocably and unconditionally agree to give consent to the Company:
(a) to collect, store, hold, transfer (within or outside Malaysia), administer and process your Personal Data including but not limited to your name, NRIC No./Passport No., and contact details for the Company’s internal use and records;
(b) to disclose and release your Personal Data to the relevant government authorities and agencies, where it is required under the law which the Company may deem necessary; and
(c) to perform the Services.
9.1 You irrevocably and unconditionally agree to use the Site and the Services at your own risk. The Company expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the Site and the Service, and assumes no liability or responsibility to you.
9.2 You further irrevocably and unconditionally agree that your access to, and use of the Site and the Services are on an “as-is”, “as available” basis and the Company specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose and non-infringement.
9.3 The Company is not liable to any person in respect of the information or its use, including any inaccuracy, misrepresentation, error or omission in, or any decision made in reliance on the information.
10.1 You irrevocably and unconditionally acknowledge and agree that the Company shall not be liable to you for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of, or resulting from:
(a) the use or the inability to use the Customer Account, the Site and the Services;
(b) the use of any content or other material on or through the Customer Account, the Site and the Services;
(c) the cost of procurement of substitute goods and services resulting from any goods, data, information or site purchased or obtained or messages received or transactions entered into through or from the Customer Account, the Site and the Services;
(d) unauthorized access to or alteration of the transmissions of data;
(e) statements, services or conduct of any third party on or through the Customer Account, the Site and the Services; or
(f) any other matter relating to the Customer Account, the Site and the Services including but not limited to the failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.
In no event shall the Company total liability to you for any and all damages, losses, and causes of action (whether in contract, tort including but not limited to negligence or otherwise) exceed the amount paid by you to the Company for the Service. If any portion of this limitation of liability is found to be invalid, the Company’ liability shall be limited to the extent permitted by applicable law.
11.1 You agree to defend, indemnify, and to hold harmless the Company, together with its directors, shareholders, officers, consultants, employees, servants or agents from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and legal fees on account thereof) arising, resulting from or relating to: (a) your use of the Services or the Site or the Customer Account or your inability to use the Services or the Site or the Customer Account; or (b) an allegation that you violated any representation, warranty, covenant or condition in the Terms and Conditions.
12.1 The Company shall not be liable to you as a result of any delay or failure to perform its obligations under the Terms and Conditions as a result of the Force Majeure Event.
13.1 The Terms and Conditions are governed by and shall be construed in accordance with the law of Malaysia and all disputes shall be subject to the exclusive jurisdiction of the courts of Malaysia.
13.2 Recognizing the global nature of the Internet, you hereby agree to ensure your own compliance with any laws and regulations as applicable to you or your use of the Customer Account, the Site, and the Services.
14.1 Waiver of any breach of the Terms and Conditions or of any right, power, authority, discretion or remedy arising upon a breach of or default under the Terms and Conditions must be in writing and signed by the Company upon granting the waiver.
14.2 A right, power, authority, discretion or remedy created or arising upon a breach of or default under the Terms and Conditions shall not be waived by any failure or delay in the exercise, or a partial exercise, of that or any other right, power, authority, discretion or remedy.
15.1 In case if any one or more provisions contained in the Terms and Conditions or any application thereof shall be invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions contained herein and other applications thereof shall not in any way be affected or impaired thereby.
Nothing in the Terms and Conditions is intended to, or shall be deemed to establish any partnership or joint venture or agency relationship for any purpose.