Terms & Conditions
Welcome to Mycare Malaysia! Thanks for visiting our website. This page forms the Terms and Conditions in accordance with which we supply Products listed on our website . Please take some time to read these Terms and Conditions before ordering any Products from the Site. By ordering any of our Products, you agree to be bound by these Terms and Conditions. You should visit our page regularly to make note of any changes we have made to our Terms and Conditions.
1. WHO WE ARE
MyCare Malaysia was incorporated in May 2014. It is wholly owned by Adventa Bhd (618533-M) with business address at Lorong Tandang 51/204b, Pjs 51, 46050 Petaling Jaya, Selangor trading as www.mycare.com.my(Mycare Malaysia).
In these Terms and Conditions:
2.1 "Account" means the Mycare Malaysia Account that you will need to register for on the Site if you would like to submit an Order.
2.2 "Business Day" will be the Malaysia working days. ‘Bank in Malaysia open for businesses.
2.3 "Order Confirmation" means our email to you, in which we acknowledge your Order
2.4 "Customer" means any individual who places an Order on the Site;
2.5 "Order" means the Order submitted to the Site to purchase the Product from us;
2.6 "You" means the Customer who places an Order;
2.7 Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
2.8 Words conveying the message shall include the plural and vice versa. Words conveying a gender shall include every gender and references to persons shall include an individual, company and corporation.
You must not misuse this Site. You shall not commit or encourage a criminal offence or post any other material on the Site which is malicious, technologically harmful, corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute a offence under Section 233 of the Communications and Multimedia act 1998.
4. ENTIRE AGREEMENT
4.1 These Terms and Conditions shall apply from the orders for sale and supply of products. These terms and condition constitute the entire process between consumer (you) and Mycare Malaysia prior and concurrent agreements between us.
4.2 You acknowledge that, in entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or written between you and us prior to such Terms and Conditions.
5. TERMS OF SALE
a) To place an order, you must register with us by creating an Account on the site. Please note that the accuracy of your personal information provided to us is essential. You are responsible for informing us about changes to your personal information or in the event you believe that the personal information we have about you is inaccurate, incomplete, misleading or not up-to- date.
b) You shall not misuse the site by creating multiple user accounts.
5.2 Formation Of A Contract
a) The supply of Goods by Mycare Malaysia to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence by trade custom practice or course of dealing.
b) Any information made available in Mycare Malaysia website connection with the supply of Goods, including photographs, data about the extent of the delivery, appearance, performance, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
c) No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer and Mycare Malaysia.
d) Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Mycare Malaysia in its website shall be subject to correction without any responsibility on the part of Mycare Malaysia.
e) Mycare Malaysia may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
The price of the Goods or Service charges shall be the price stated in Mycare Malaysia website at the time which the Buyer makes its offer purchase to Mycare Malaysia. Where applicable, prices are inclusive of any taxes and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
5.4 TERMS OF PAYMENT
a) The Buyer shall be entitled to make payment using any partners listed on our homepage. The terms and conditions applicable to each type of payment, as contained in Mycare Malaysia website, shall be applicable to the Contract
b) In addition to any additional terms contained in Mycare Malaysia website, the following terms shall also apply to the following types of payment:
c) Credit Card / Debit card
Credit Card payment option is available for all Buyers. Mycare Malaysia accepts all Visa and Master Cards, Credit card and Debit where subject to bank availability. All your credit card information is protected by means of industry- leading encryption standards.
**Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
d) Online Banking
By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Mycare Malaysia account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Mycare Malaysia, in its sole decision, may refuse this payment option service to anyone or any user without notice for any reason at any time.
For the time being, Mycare Malaysia accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.
5.5 REFUSAL OF ORDER
We have the right to withdraw any Products from the web pages at any time or edit any materials or content for the particular products. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
6. DELIVERY/ PERFORMANCE
6.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).
6.2 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Mycare Malaysia shall not be liable for any delay in delivery or performance howsoever caused.
6.3 We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
6.4 Upon delivery of the Product, you may be required to sign for delivery. You may contact Mycare Malaysia Team at 03- 77729321 or drop us an email in case of any faults, defects or damage within 7 days upon receival of the goods. You shall be able to provide the documents delivered with the Product, upon request.
6.5 We deliver in our standard packaging.
7. RETURNS AND REFUNDS POLICY
7.1 If you received a defect or different item, you may return the product to us within seven (7) days of receipts. The Product shall be un-used, Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable). This policy is applicable only to those products which do not fall under the list of non-refundable brands/items provided on our Site
7.2 All items must be received by Mycare Malaysia in order to refund or replacement. You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
7.3 You may process returns through your nearest post office. We do not honor any walk-in returns.
The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes ("Vouchers").
8.1 A valid code must be entered at the checkout page in order to redeem a Voucher.
8.2 Customers can only use the Voucher for a one-time purchase only.
8.3 Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.
You agree to assure, defend, hold harmless Mycare Malaysia, its directors, employees, consultants, 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.
10. GUARANTEE AND COMPLAINTS MANAGEMENT
10.1 Mycare Malaysia shall perform our obligations under these Terms & Conditions with reasonable care.
10.2 We place great value on our customer satisfaction. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
10.3 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 three (3) working Days, please make further enquiries.
11. PERSONAL DATA PROTECTION
12. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including without limitation, strikes, lock outs and other industrial action, breakdown of system or network access, flood, fire, explosion or accident.
13.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Mycare Malaysia, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
13.2 Any notice given by email shall be deemed to have been served within (3) working days of the email being sent.
13.3 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.
We have the right to amend any of these Terms and Conditions at any time. All amendments to these Terms and Conditions will be updated in online and the user will be deemed to constitute acceptance of the new Terms and Conditions.
When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.