Effective Date: September 2024

Welcome to the Wellness Pot Sdn Bhd (“we,” “us,” “our”) website. The mywellnesspot.com website (the “Site”) is comprised of various web pages operated by Wellness Pot Sdn Bhd. The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy for your reference.

1. Business Site

The Site is intended to showcase our portfolio of luxury skincare and fragrance brands and to provide contact details for inquiries.

2. Privacy

Your use of the Site is subject to Wellness Pot’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

3. Electronic Communications

Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

4. Children Under Thirteen

We do not knowingly collect personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with the permission of a parent or guardian.

5. Links to Third-Party Sites/Third-Party Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wellness Pot, and we are not responsible for the content of any Linked Site, including any links contained in a Linked Site or any changes or updates to a Linked Site. We provide these links only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

Certain services made available via the Site may be delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Site, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.

6. No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Wellness Pot that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the service, such as text, graphics, logos, images, and the compilation thereof, and any software used on the Site, is the property of Wellness Pot or its suppliers and protected by Malaysian copyright laws and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Wellness Pot content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Wellness Pot and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Wellness Pot or our licensors except as expressly authorized by these Terms.

7. International Users

The Site is controlled, operated, and administered by Wellness Pot from our offices in Malaysia. If you access the Site from a location outside Malaysia, you are responsible for compliance with all local laws. You agree that you will not use Wellness Pot content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

8. Indemnification

You agree to indemnify, defend, and hold harmless Wellness Pot, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Wellness Pot reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wellness Pot in asserting any available defenses.

9. Arbitration

In the event the parties are unable to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, such dispute shall be resolved only by final and binding arbitration conducted by the Asian International Arbitration Centre (AIAC) in Kuala Lumpur, Malaysia, under the AIAC Arbitration Rules. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable legal fees. The parties agree to arbitrate all disputes and claims related to these Terms and Conditions, including tort claims arising from these Terms and Conditions. This arbitration provision shall survive the termination of these Terms and Conditions.

10. Liability Disclaimer

The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Wellness Pot and/or its suppliers may make improvements and/or changes to the Site at any time.

To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Wellness Pot and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Wellness Pot and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if Wellness Pot or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Site or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

11. Termination/Access Restriction

Wellness Pot reserves the right, in its sole discretion, to terminate your access to the Site and related services or any portion thereof at any time, without notice. This agreement is governed by the laws of Malaysia, and you hereby consent to the exclusive jurisdiction and venue of courts in Malaysia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

12. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wellness Pot as a result of this agreement or use of the Site. Wellness Pot’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wellness Pot’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Wellness Pot with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wellness Pot with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Wellness Pot with respect to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact Us

Wellness Pot Sdn Bhd welcomes your questions or comments regarding the Terms:

Main Office: Level 4, 50-4-2, Wisma UOA 1 Damansara, Jalan Dungun, 50490 KL, Malaysia.

Media Contacts: marketing@wellnesspot.com