TERMS OF SERVICE
This website is operated by Bella Notion Sdn Bhd and their respective affiliates and/or related entities (collectively “Bella Notion”, “us”, “we”, “our”), a retailer of Bonotox branded skin care products (the “Product). Bella Notion provides services to you through its website, like the access to its online shop and the possible view and purchase of its Products (the “Services”) subject to your acceptance of all terms, conditions, policies and notices set forth in this agreement (the “Terms of service”).
Accessing, browsing, purchasing or otherwise using the website indicates your engagement in our “Service” and your agreement to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms of Service carefully before proceeding.
These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes in our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc., that provides us with the online e-commerce platform that allows us to sell our products to you.
By agreeing to these Terms of Service, you represent that you are at least eighteen (18), and that you give us your consent to allow any of your minor dependents to use this site.
If you are under eighteen (18), you may place an order only with involvement of a parent or guardian.
2. ACCOUNT & PASSWORD
2.1 We may assign you a password and account identification to enable you to access and use certain portions of this website. Each time you use a password or identification, you will be deemed to be authorized to access and use the website in a manner consistent with the Terms of Service, and we have no obligation to investigate the authorization or source of any such access or use of the website.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS WEBSITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this website's security.
2.2 You agree to provide current, complete and accurate purchase and account information for all purchases made through our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when needed.
3.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
3.5 A breach or violation of any of the Terms of Service will result in an immediate termination of our Services to you.
4. PRODUCTS AND SERVICES
4.3 We reserve the right to limit the sales of our Product or Services to any person, geographic region or jurisdiction, or to discontinue any product at any time. We may exercise this right on a case-by-case basis. The purchase of any Product or Service made on this website is void if we discover that it is destined to a prohibited use.
4.4 All material and information relating to products presented by Bella Notion on the Sites is intended to be used for personal educational or informational purposes only. The statements made about the products have not been evaluated by the Health Sciences Authority of Singapore or any other regulator, and the results reported, if any, may not necessarily have the same results on all individuals.
4.5 All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
4.6 In the event that the product you receive is defective or incorrect, Clause 7 (Returns, Exchanges and Refunds) of these Terms shall apply.
5. MODIFICATIONS OF THE SERVICE AND PRICES
Prices for our Product are subject to change effectively immediately upon posting on the website, without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. TERMS OF SALE
7. RETURNS, EXCHANGES AND REFUNDS
All returns must be done in accordance with the instructions set out in our FAQ. For defective and incorrect items, there is no time cap as to when the defective or incorrect items must be returned however the return is subject to the conditions listed in our FAQ. If you have made an incorrect purchase or have changed your mind after receiving the items, received an item as a gift or purchased an item online that you wish to exchange, the item must be returned subject to the conditions listed in our FAQ.
For products that meet our stated return conditions, you can choose for the product to be exchanged or a refund via original credit card.
8. BONOTOX BEAUTY TREATS (MALAYSIA)
Subject to the termination provision of these Terms, Treats expire and reset every 31st August, on yearly basis. Treats may be redeemed for Rewards to be determined by Bella Notion in its sole discretion; provided, however, that in order to redeem your Treats for any Reward, you must accumulate a minimum number of treats as established by Bella Notion. Treats have no cash value and can only be redeemed for Rewards. Bella Notion may, in its discretion, allow treats to be redeemable for other items of merchandise from time to time. However, treat is never redeemable for cash.
Rewards are available with treats redemption while supplies last and substitutions by Bella Notion may occur.
8.3 Other Offers
8.5 Changes, Termination and Removal from Program
Any abuse of the Program, failure to follow any terms of the Program, Membership treat expired and deleted, any misrepresentation or any conduct detrimental to the interests of Bella Notion, or fraud or attempted fraud, may subject members to Membership revocation and will affect eligibility for further participation in the Program.
Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled (whether by you or Bella Notion in accordance with these Terms), or if the Program is terminated, any Points in your account will automatically expire. Bella Tech will notify you via email prior to making changes to these Terms.
It is your responsibility to check or review these Terms from time to time to keep informed of any changes. In the event that the Terms of the Program change, you may choose to cancel your Membership through your Membership profile or by sending an email to firstname.lastname@example.org.
To the maximum extent permitted by law, the limitations on Bella Notion's liability set forth herein shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. By agreeing to these terms, you willingly agree (or, if you are a minor, your parent or legal guardian willingly agrees) that you have relinquished your right to seek these damages from Bella Notion and that this is a reasonable allocation of risk. Certain legislation, including the Sale of Goods Act and Consumer Protection (Fair Trading) Act and Unfair Contract Terms Act may impose consumer guarantees or imply warranties or conditions or impose obligations upon Bella Notion which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions.
8.8 Applicable Law
9. OPTIONAL TOOLS
We may provide you with access to common third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion, so you should ensure that you are familiar with them and aware of the terms upon which these tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
10. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. USER CONTENTS, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- is not false, inaccurate or misleading;
- does not harm minors;
- does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libellous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- is not submitted for compensation or other consideration from any third party;
- does not include any information that references other websites, addresses, e-mail addresses, contact information or phone numbers;
- will not expose Bella Notion to any civil or criminal proceedings in any part of the world;
- may be used by Bella Notion for the purposes and in the manner set out in Clause 11.5 and will not require further licenses from, or infringe any intellectual property or other rights of, any third party;
- is not unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and
- does not contain any computer viruses, worms or other potentially damaging computer programs or files.
- such Content is not confidential or proprietary and Bella Notion has no obligation of confidentiality, express or implied, with respect thereto;
- Bella Notion may have something similar to that Content already under consideration or development; and
- you are not entitled to compensation, payment or reimbursement of any kind for such Content from Bella Notion under any circumstances unless you are otherwise notified by Bella Notion in writing.
12. USE OF YOUR CONTENT
You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
13. PERSONAL INFORMATION
14. AGREEMENT TO RECEIVE NOTIFICATIONS & OTHER COMMUNICATIONS
We reserve the right to send electronic mail or other messages to you and to other users. The purpose of these communications may include, but is not limited to:
- providing you with information concerning your user account;
- providing information to you regarding Products or Services offered by our affiliates or partners;
- informing you about any of our related Products or Services; or
- providing you with information about any item that we think, in our sole discretion, may be of interest to you.
15. PROMOTIONAL CODES
We reserve the right to withdraw or cancel promotional codes for any reason at any time. Promotional codes are and remain at all times, the property of Bella Notion.
16. ERRORS, INACCURACIES AND OMISSIONS
17. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Bella Notion, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
19. GUARANTEE AND COMPLAINTS MANAGEMENT
You agree to indemnify, defend and hold harmless Bella Notion and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
22. FORCE MAJEURE
We shall not be responsible for any delay, suspension or failure to perform, if such delay or failure result from events, circumstances or causes beyond our reasonable control, including but not limited to acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
25. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
26. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Republic of Singapore.
Both we and you hereby submit to the non-exclusive jurisdiction of the Courts of Singapore. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
27. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
28. CONTACT INFORMATION
Please contact us with any questions you have about the Terms of Service at email@example.com