1.1 These Terms of Use (“Terms”) govern your access to and use of this e-store platform (the “Site”), your account and purchases of Products (defined hereinafter) through the Site.
1.2 In these Terms:
1.2.1 “Group” means Wellous Group Bhd. [Registration No. 202401004260 (1550110-U)], its subsidiaries, related corporations and affiliates from time to time;
1.2.2 “Contracting Entity” means the Group entity identified as the seller at checkout or in your order confirmation, invoice or tax receipt for the relevant order;
1.2.3 “Product(s)” means the goods, made available for purchase through the Site from time to time;
1.2.4 “we”, “us”, “our” and “Company” mean the applicable Contracting Entity; and
1.2.5 “you” and “your” refer to dealers, customers and public.
1.3 A member of the Group may provide technology, payment-processing, marketing, customer support, fulfilment, delivery, product-sourcing, administrative, compliance or other services in relation to the Site, the Services, the Products and/or your transactions with us on behalf of or in support of, the Contracting Entity. Unless expressly identified as the Contracting Entity for a particular order, no other Group member is a party to the contract of sale with you or assumes any obligation or liability to you under these Terms.
1.4 The Site, related services and all information, Product listings, text, images, photographs, graphics, audio, video, software, functionality, data and other materials made available through it are collectively the “Services” and “Content”.
1.5 By accessing the Site, creating an account, submitting an order or otherwise using the Services, you confirm that you have read, understood and agree to be bound by these Terms, our Privacy Notice available at https://immority.store/policies/privacy-policy, Refund and Money-Back Guarantee Policy available at https://immority.store/policies/refund-policy, Payment and Shipping Policy available at https://immority.store/policies/shipping-policy and any supplemental or Product-specific terms expressly incorporated by reference (collectively, the “Agreement”).
1.6 If you use the Services for or on behalf of another person, you represent that you have authority to accept this Agreement on that person’s behalf.
1.7 We may amend these Terms from time to time. Your continued use of the Services after the effective date constitutes acceptance of the amended Terms.
1.8 Any competition, giveaway, promotional code, discount, purchase-with-purchase, bundling, subscription offer, sweepstake, contest or other promotion may be subject to separate terms, including eligibility criteria, geographical restrictions, entry requirements, redemption limits, expiry dates and prize or benefit conditions. Where separate promotion terms apply, they form part of these Terms and prevail to the extent of any conflict in relation to the relevant Service, Product and/or promotion.
1.9 Nothing in this Agreement excludes, restricts or modifies any right, remedy, guarantee or protection that cannot lawfully be excluded, restricted or modified under applicable law, including applicable consumer-protection laws.
1.10 This Agreement does not appoint you as a dealer, distributor, agent, franchisee or reseller, and it does not grant any right to purchase Products for commercial resupply.
2.1 You shall be at least eighteen (18) years old, of sound mind and otherwise legally capable of entering into a binding contract to place an order. If you are under eighteen (18), a parent or legal guardian shall create an account, place the order and accept these Terms on your behalf.
2.2 You represent and warrant that all information you provide is true, accurate, current and complete and that you are authorised to use the payment method submitted with an order. You shall promptly update information that becomes inaccurate, incomplete or out of date.
2.3 If you create an account, you shall keep your account credentials, including any password, PIN, verification code or access identifier, confidential. You shall not share, transfer or allow any another person to use them. You are responsible for activity conducted through your account unless you have promptly notified us of suspected unauthorised use and you have not acted fraudulently, negligently or in breach of these Terms.
2.4 You shall notify us promptly at the email address specified in clause 15.1 below if you suspect unauthorised access to your account or a security incident affecting your account.
2.5 We may verify eligibility, refuse registration, limit accounts, suspend or close an account where reasonably necessary to investigate suspected fraud, unauthorised resale, misuse, a material breach of these Terms or a legal or security risk. This does not affect an order already accepted by us except where cancellation is permitted by these Terms or applicable law.
2.6 You are responsible for obtaining and maintaining the devices, software, telecommunications services and internet access required to use the Services and for all charges associated with them. We are not responsible for any device, software, telecommunications or internet-access failure that is outside our reasonable control.
3.1 Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Site solely for lawful, personal and non-commercial purposes of purchasing Products for personal use.
3.2 You shall not and shall not permit any person to:
3.2.1 use the Services for an unlawful, fraudulent, misleading, harmful or unauthorised purpose;
3.2.2 use the Site or Products for unauthorised resale, commercial exploitation or on behalf of a third-party;
3.2.3 interfere with, disrupt, damage, overload or compromise the operation, security or integrity of the Services;
3.2.4 circumvent or disable security features, fraud-prevention measures, access controls or technical restrictions;
3.2.5 introduce viruses, malware, harmful code or any material designed to impair the Services;
3.2.6 use robots, spiders, scrapers, data-mining tools or other automated means to access, copy, monitor or collect Content;
3.2.7 reproduce, modify, distribute, display, frame, mirror, reverse engineer, decompile, disassemble or create derivative works from the Site or Content;
3.2.8 collect, store, disclose or misuse personal data relating to another person without lawful authority;
3.2.9 impersonate another person, misrepresent your identity or affiliation or provide false, incomplete or misleading information; or
3.2.10 use our Content, product information, reviews, images or trademarks in a way that falsely suggests our endorsement or affiliation.
3.3 We may suspend, restrict or terminate access to the Services where reasonably necessary to protect the Services, investigate suspected fraud or misuse, comply with law, enforce these Terms or protect us, users or any third parties.
3.4 Products may be offered, sold, shipped or delivered only to countries, territories or delivery addresses identified on the Site or at checkout. We may restrict the availability of the Site, Services or Products to a person, geographic area, jurisdiction or delivery address where reasonably necessary for legal, regulatory, operational, product-registration, shipping or commercial reasons.
3.5 You shall not order, purchase, export, re-export, resell, transfer or arrange delivery of Products in breach of applicable law, sanctions, trade restrictions, product-registration requirements or these Terms.
4.1 Products are sold for personal or household consumption by the end user only. Purchase in a quantity, frequency or pattern that is inconsistent with personal use is a material breach of this Agreement.
4.2 Except with our prior written consent, you shall not:
4.2.1 resell, wholesale, distribute, supply, or offer to supply Products to any third party, whether or not for profit;
4.2.2 list, advertise or sell Products on any third-party marketplace, social-commerce platform or classified service, including Shopee, Lazada, TikTok Shop, Amazon, eBay or any equivalent platform;
4.2.3 purchase Products for or on behalf of a business, clinic, retailer, dealer or marketplace seller;
4.2.4 export or arrange cross-border supply of Products other than a single personal-use shipment to an address we accept at checkout; or
4.2.5 remove, alter or obscure any batch number, expiry date, serial number, holographic seal, label or other identifier.
4.3 We may treat as evidence of unauthorised resale, among other things: repeated bulk orders; multiple accounts, payment methods or delivery addresses used to aggregate stock; orders placed in a business or trading name without a current written dealer agreement; and any online listing of our Products by you or by a person connected with you.
4.4 If we reasonably suspect a breach of this Section 4, we may decline or cancel any order not yet dispatched, refuse future orders, close accounts, withdraw promotional benefits, notify marketplaces or regulators, recover Products or their value, and pursue damages, an account of profits and injunctive relief.
4.5 Nothing in this Section 4 prevents you from giving a Product to a member of your household as a gift for that person’s personal use.
5.1 Products’ availability may change from time to time subject to availability.
5.2 Colours, packaging and presentation may vary depending on device display or minor packaging and labelling updates, provided the Product substantially corresponds with its description and complies with applicable law.
5.3 Product images are illustrative only. The Product delivered may differ slightly in appearance or packaging from an image on the Site.
5.4 You should read the product label, ingredients, warnings and directions for use before use or consumption. Do not use a Product if you are allergic or sensitive to a listed ingredient. If you are pregnant, breastfeeding, taking medication, have a medical condition or intend to use a Product for a child, consult a qualified healthcare professional before use.
5.5 Unless expressly stated otherwise on the product label and permitted by applicable law, Products are not intended to diagnose, treat, cure or prevent any disease. Nothing on the Site constitutes medical advice or replaces advice from a qualified healthcare professional. Individual results may vary. If you experience an adverse reaction, stop using the Product and seek prompt medical advice.
5.6 The Site may permit product ratings, reviews, comments or other interactive features. We do not endorse user content and shall not be responsible for its accuracy, completeness or reliability. You should not rely on user content as medical, nutritional, health or professional advice.
5.7 We may withdraw, recall, amend, restrict sale of or issue safety information about a Product where required by law, a competent authority, a supplier, or reasonably necessary for consumer safety. If a recall affects a Product you purchased, we will use reasonable efforts to contact you using the contact details available to us.
6.1 Where you select a subscription, you authorise us or our payment service provider to charge the payment method designated at checkout for the initial order and each recurring renewal at the frequency, price and other terms disclosed before you complete the subscription order.
6.2 You may cancel a subscription in accordance with the Subscription Management on the Site. Cancellation will take effect for future renewals if submitted before the cut-off time stated at checkout or in your subscription confirmation.
6.3 We may change the subscription price, Product composition, fulfilment schedule or other subscription terms by posting notice of the change prominently on the Site before the change takes effect.
6.4 The Refund and Money-Back Guarantee Policy govern the refunds and the money back guarantee for subscription orders.
7.1 The Site is an invitation to treat and not an offer by us to sell Products. When you submit an order, you make an offer to purchase the selected Products in accordance with this Agreement.
7.2 Our acknowledgement of an order or receipt of payment is not acceptance of the order. A binding contract is formed only when we expressly confirm acceptance of your order.
7.3 We may decline or cancel an order before dispatch where:
7.3.1 a Product is unavailable;
7.3.2 there is material pricing, promotional, product-description, stock or system error;
7.3.3 payment authorisation fails or we reasonably suspect payment fraud;
7.3.4 we reasonably suspect unauthorised resale, fraud or a breach of this Agreement;
7.3.5 we are unable to deliver to the address provided; or
7.3.6 we are required to do so by applicable law or a competent authority.
7.4 If we cancel an order after payment has been successfully collected, we will process the refund in accordance with the Refund and Money-Back Guarantee Policy.
7.5 Prices are displayed in the currency applicable to the region selected by you and are inclusive of applicable taxes. Delivery charges and other mandatory charges will be displayed before you submit an order.
7.6 We may change prices, promotions and Product availability before accepting an order. If a material pricing error is identified before acceptance, we may cancel the order and notify you.
7.7 Available payment methods, payment processing, payment-security and verification checks and transaction records are governed in accordance with the Payment and Shipping Policy. By submitting your payment details, you authorise us and our relevant payment service providers to process payment for your order in accordance with the Payment and Shipping Policy and the applicable terms of the relevant payment service provider.
8.1 Risk in the Products passes to you when the Products are delivered to the delivery address or received by a person authorised by you. Title passes after we receive full payment for the relevant order, subject to non-excludable rights under applicable law.
8.2 If an order is returned to us because of an incorrect address, refusal to accept delivery, failure to collect it or other circumstances attributable to you, we may charge reasonable redelivery or return-handling costs.
8.3 Requests relating to Products that are defective, damaged, wrong item, undelivered, missing parcel or eligible for the money back guarantee shall be submitted and handled in accordance with the Refund and Money-Back Guarantee Policy.
9.1 You agree to comply with all data protection provisions including the Personal Data Protection Act 2010, its subsidiary legislation and any other applicable legislation relating to data protection. In this regard, you consent to the processing of your personal data (as defined in the Personal Data Protection Act 2010) by us in accordance with the provisions of the Privacy Notice and for such purposes as may be necessary for the provision of Services or as may be stipulated in these Terms and the Privacy Notice. We reserve the right to modify, update and/or amend the Privacy Notice at any time. It shall be your responsibility to monitor such modifications, updates and/or amendments. Your use and continued use of our Services following the modification, updates and/or amendments shall constitute your unequivocal acceptance thereof.
9.2 If you are under eighteen (18) years of age, you must not accept these Terms or submit personal data yourself. Your parent, legal guardian or other person with parental responsibility must accept these Terms on your behalf and, in doing so, consent to the processing of your personal data in accordance with the Personal Data Protection Act 2010 and our Privacy Notice. We may request reasonable evidence of that authority and consent and suspend Services until the same is obtained.
10.1 All intellectual-property rights in the Site, Content, Products’ names, trademarks, logos, designs, graphics, software, databases and other materials are owned by, licensed to or controlled by us, members of Group or its related and affiliated companies, our licensors and/or service providers.
10.2 Except for the limited licence as stated in clause 3.1 of these Terms, no right, title or interest in any intellectual-property right is granted to you.
10.3 You shall not use, reproduce or register any trademark, trade name, domain name, social-media identifier or confusingly similar mark incorporating our brands without our prior written consent. Each member of the Group may enforce its intellectual-property rights directly, whether or not it is the Contracting Entity for a particular order.
11.1 The Site may contain links to or integrate third-party websites, payment services, social-media platforms, analytics tools, courier services or other services. Their terms and privacy policies apply to your use of their services.
11.2 A link to, integration with, or reference to a third-party website, product or service does not constitute our endorsement, approval or recommendation.
11.3 We are not responsible for third-party content, availability, security, products, services, systems or acts and omissions, except to the extent caused by our breach of applicable law or to the extent liability cannot lawfully be excluded.
12.1 To the fullest extent permitted by law, the Services and Content are provided on an “as is” and “as available” basis. We do not warrant that the Site will be uninterrupted, error-free, completely secure, free of harmful components, or compatible with every device, browser or network.
12.2 We implement reasonable technical and organisational measures designed to protect the Site and personal data against unauthorised access, alteration, disclosure, loss or destruction. However, no internet transmission, electronic storage system or online service can be guaranteed completely secure. You are responsible for using secure devices and networks, protecting account credentials and notifying us promptly of suspected unauthorised account access.
12.3 We may perform maintenance, upgrades, testing, security checks or emergency measures that temporarily restrict or interrupt access to all or part of the Site. We will give advance notice of planned material interruptions, where reasonably practicable.
12.4 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 the us, members of Group or its related and affiliated companies for any purposes whatsoever, including, reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to us will be handled in accordance with our Privacy Notice.
12.5 Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, liability that cannot lawfully be excluded or limited or a statutory consumer right or remedy that cannot lawfully be excluded, restricted or modified.
12.6 Subject to clause 12.5 of these Terms and to the fullest extent permitted by law, we shall not be liable for indirect, incidental, special, consequential or punitive loss; loss of profit, revenue, goodwill, opportunity or data; or loss arising from a matter outside our reasonable control.
12.7 Subject to clauses 12.5 and 12.6 of these Terms, our aggregate liability arising out of or in connection with a particular order shall not exceed the amount paid by you for the Product(s) giving rise to the claim.
13.1 To the fullest extent permitted by law, you shall indemnify us, our Group and each of its respective directors, officers, employees, agents, service providers and licensors against losses, liabilities, damages, costs and reasonable legal fees arising from a third-party claim resulting directly from your unlawful use of the Services, infringement of a third party’s intellectual-property rights, fraud or material breach of clause 3.2 of these Terms.
13.2 This indemnity does not apply to the extent that a claim or loss results from our negligence, willful misconduct or breach of applicable law.
14.1 We shall not be liable for a delay or failure to perform an obligation caused by an event beyond our reasonable control, including: -
14.1.1 acts of God or natural catastrophe including earthquakes, cyclone, storm, fire, explosion, flood, landslide, subsidence, lightning, exceptionally inclement weather, pandemic and/or epidemic;
14.1.2 war or threat of war (declared or undeclared), invasion, act of a foreign enemy, hostilities between nations, civil insurrection, militarily usurped power, act of public enemy, sabotage, malicious damage, terrorism and/or civil unrest;
14.1.3 failure or shortage of power supplies, telecommunication, utility, strike, lockout, labour controversy and/or other industrial action or disturbance;
14.1.4 trade restriction or disruption, imposition of new governmental regulations, orders and/or laws that substantially hinder or prevent our performance;
14.1.5 confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint and/or damage to property by or under the order of any government authority; and/or
14.1.6 any act, omission, negligence, default, misconduct and/or breach of any third party.
(Each a “Force Majeure Event”).
14.2 In the circumstances, if a Force Majeure Event materially affects an accepted order, we will (but not obliged to) use reasonable efforts to notify you and may cancel the affected order and refund amounts paid for undelivered Products, subject to applicable law.
15.1 Notices to you may be given by email, SMS, messaging service, posting on the Site or another electronic method permitted by law, using the details you provide. Notices to us shall be sent to support@immority.store and our principal business address stated in clause 1.3 of these Terms.
15.2 You shall not assign, transfer or deal with your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to a Group member, its related and affiliated companies or successor in connection with a merger, restructuring, sale of business or assets or operation of the Site.
15.3 These Terms, the policies expressly incorporated by reference and an accepted order form the entire agreement between you and us regarding the use of the Site and purchase of Products.
15.4 A failure or delay to exercise our right is not a waiver of that right.
15.5 You are an independent customer. Nothing in these Terms creates a partnership, joint venture, agency, employment or fiduciary relationship.
15.6 If any provision of these Terms is held to be void, invalid and/or unenforceable whole or in part by any judicial or other competent authority, such provision shall be deemed to be deleted from these Terms and all other provisions of the terms herein will remain in full force and effect and will not in any way be impaired.
15.7 Clauses which by their nature should survive termination will survive, including clauses concerning intellectual property, user content, disclaimers, liability, indemnity, governing law and dispute resolution.
15.8 Headings are for convenience only and do not affect interpretation. “including” means including without limitation.
15.9 If these Terms are available in more than one language, the English version prevails to the extent of inconsistency, unless applicable law requires otherwise.
15.10 These Terms and any non-contractual obligations arising from or in connection with them are governed by the laws of Malaysia. You agree to submit all disputes to the exclusive jurisdiction of the courts of Malaysia.