Terms & Conditions
- Happy Earth Resources (“Mayura Apothecary”) owns and operates this site.
- These Terms and Conditions, including our policies which are incorporated into these Terms (collectively, the “Terms of Service“) will govern your relationship with Mayura Apothecary in respect of the use and access to https://www.mayuranatural.com (“Website”) and all the products and services available through this Website (collectively, the “Services“).
- By using the Services, you are agreeing to all the Terms of Service, as may be updated by us in our absolute discretion from time to time. We reserve all rights to withdraw or amend the Services at any time without notice, and the amended terms shall be effective immediately upon posting. You agree to the new terms by continued use of the Website. You are strongly recommended to check this page regularly to take notice of any changes we may have made to the Terms of Service.
- We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
- Please do not use this Website or the Services if you do not agree with the Terms of Service, whether in whole or in part, at any time.
- Mayura Apothecary shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
2. LINKED SITES
- This Website may contain links to other third party websites (the “Linked Sites“) and by clicking on these links, you agree to do so at your own risk.
- Please note that Mayura Apothecary does not own or operate these third-party websites or links and shall not be responsible for the contents of these Linked Sites.
- You must not misuse this Website.
- You must not:
- use the Website for any purpose in violation of any local, state or federal laws or regulations;
- post any content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity in the absolute opinion of Mayura Apothecary or pursuant to local community standards;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Services;
- corrupt any data or content;
- cause annoyance to other users;
- infringe upon the rights of any other party’s proprietary rights or intellectual property;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Any breach of this provision may constitute a criminal offence and Mayura Apothecary will report any such breach to the relevant law enforcement authorities and disclose your identity to them and/or take the necessary legal action against you.
4. LIMITATION OF LIABILITY
- Mayura Apothecary shall not be liable for any loss or damage whatsoever, including but not limited to those caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material at any time due to or in relation to your use of this Website in any manner or to your downloading of any material posted on it, or on any Linked Sites, regardless of how it arises.
- Your exclusive remedy with respect to your use of the Website is to discontinue your use of the Website.
- The content displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy and your use of or reliance on the Website and any content, goods, products or services provided is at your sole risk and discretion.
- Unless expressly stated to the contrary, to the fullest extent permitted by law, Mayura Apothecary and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- Mayura Apothecary is not obliged to provide ingredient information or allergen information on the Website. Further, Mayura Apothecary does not guarantee that the goods and products sold by Mayura Apothecary are free of allergens, whether due to site layout and formulating processes or otherwise. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact us before placing an order on our Website.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
- The intellectual property rights in all trademarks, logos, images, videos and service marks, marketing materials, software and all other content displayed, made available to you on or through this Website remains the property of Mayura Apothecary or its licensors at all times and are protected by copyright laws and treaties around the world. All such rights are reserved by Mayura Apothecary and its licensors.
- You are not permitted to copy, use, reproduce, republish, upload, post, transmit, distribute, modify, store, manipulate, or otherwise distribute, in any format, any of the content or copies of the content which appears on this Website without our prior express consent.
- The use of Mayura Apothecary’s trademarks or tradenames on any other website not expressly approved by us is strictly prohibited at all times.
- Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Mayura Apothecary and you should not rely on the existence of such a connection or affiliation.
- Any third-party trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Mayura Apothecary.
6. PERSONAL DATA PROTECTION
We may use your Personal Data and any log data for the purpose of improving the Website.
7. TERMS OF SALE
In order to contract with Mayura Apothecary, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
- By placing an order, you are offering to purchase a product on and subject to these Terms of Service.
- All orders are subject to availability and confirmation of the order price.
- When you place an order, you will receive an acknowledgement e-mail or Whatsapp message confirming receipt of your order. This email or message will only be an acknowledgement and will not constitute an acceptance of your order.
- A contract between us will not be formed until we have despatched to you the goods ordered or prepared the goods you ordered, or we have sent you confirmation by e-mail or Whatsapp message that the goods which you ordered have been dispatched to you or are ready for your pick-up, whichever shall be the earliest.
- Only those goods dispatched, ready for pick-up or listed in the confirmation e-mail or the Whatsapp message sent at the time of dispatch will be included in the contract formed.
- When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
- Whilst Mayura Apothecary may use its reasonable endeavour to comply with any special instructions pertaining to your order, in some cases where in the absolute opinion of Mayura Apothecary that it is not feasible, possible or commercially reasonable, Mayura Apothecary retains the right to refuse any request made by you and to prepare the order in accordance with its own standard operating procedures. Mayura Apothecary shall not be responsible to refund or replace an order which does not conform to special instructions provided by you.
- Mayura Apothecary reserves the right to cancel any order and/or suspend, deactivate or terminate your Mayura Apothecary account in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your Mayura Apothecary account and/or with your order.
- Pricing and Availability
- Whilst we try to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. All prices quoted are subject to such changes.
- If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
- Where applicable, delivery fees and any applicable tax (eg goods and services tax etc) will be charged in addition to the display price of the products. Such additional charges are clearly displayed where applicable and included in the total amount payable.
All orders must be paid using an online payment method, the payment of which shall be processed by our third party payment service providers.
With your consent, your credit card/debit card/payment information may be stored with our third party payment service providers for future orders.
Upon receiving your order, our third party payment service providers may carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received.
The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email or Whatsapp message, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email or message.
Vouchers are subject to validity periods, redemption periods and may only be used according to the terms stated. Mayura Apothecary reserves the right to void, discontinue or reject the use of any voucher at any time without prior notice.
- Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure (including, but not limited to, movement control).
- Delivery time we provide, if any, is only an estimate and orders may arrive or be ready earlier or later. Dispatch times may vary according to availability and subject to any delays resulting from courier delays or force majeure (including, not limited to, movement controls) for which we will not be responsible.
- In cases where we have attempted to deliver an order but we are unable to do so due to reasons attributable to you (including, but not limited to, no one being present to receive the order, you being uncontactable via the phone number provided, lack of sufficient details to access to the delivery location, lack of suitable location to leave the order), your order will be cancelled without refund or remedy to you.
You agree to indemnify, defend and hold harmless Mayura Apothecary, 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 this Website or your breach of the Terms of Service.
- If any part of the Terms of Service is invalid or unenforceable (including any provision in which we exclude our liability to you), the validity or enforceability of any other part of the Terms of Service will not be affected, and all other clauses shall remain in full force and effect.
- So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
- No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of any other provision.
10. ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Mayura Apothecary. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Mayura Apothecary.
11. GOVERNING LAW
These Terms of Service shall be governed and construed in accordance with the laws of Malaysia, and all parties submit to the jurisdiction of the Malaysian courts.