OFFICIAL FARMASI WEBSITE TERMS AND CONDITIONS OF USE.

Welcome to Far Cosmetics Sdn. Bhd. These Terms and Conditions of Use (hereinafter referred to as “Terms”) governs your access and use of the Far Cosmetics Sdn. Bhd., Malaysia’s (hereinafter referred to as  “Farmasi” “Company”, “We”, or “Our”) official website (www.farmasi.my) and any products, services, applications, features or functionality offered or made available on or through the website, including any Farmasi Influencer’s  ( hereinafter referred to as “FI”) personal web pages provided through the website. Your access to and use of the website is conditioned upon your acceptance of these Terms hereto. By accessing and/or using this website, you unequivocally Agree to be Bound by these Terms.

The Company in the course of serving its Farmasi Influencers and ensuring they receive the latest promotion up-dates, services and/or other marketing material, may use “Cookies” or other similar tracking technologies. Cookies are files with a minimal amount of data gathered by the Company, which among others may include the Farmasi Influencer’s (FI’s) Company website activities, purchasing pattern, product preferences, browser type, internet service provider and such other related system information.   Cookies are sent to your browser from a secured website and stored on your device. You can instruct your browser to refuse Cookies from being stored on your device by a single click. However, if you do not accept the Cookies, you may not be able to have access to certain Company services, postings and/or offers.

By accessing and/or using this website or by clicking “I agree” to this Agreement, you (hereinafter referred to as “User”) signify your unequivocal acceptance to be bound by the Terms and Conditions hereto. If you do not agree to the Terms of this Agreement, please Do Not access and/or use this website, and Do Not click “I agree”.  You are advised to periodically check the provisions of this  Agreement for changes as the Company reserves the exclusive  right to amend/revise the provisions of this Agreement at any point in time without having to assign any reason thereto. In the event of a change to this Agreement, your continued use of this website following the posting of any changes constitutes acceptance of such changes. The Company reserves the exclusive right to terminate a User’s access and/or use of this website at any point in time in the event of a breach of the Terms and Conditions hereto.

1.  YOU MUST BE 18 AND ABOVE TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Agreement must be completed, understood, and agreed to by a person 18 years of age and above. If a parent or guardian wishes to permit a person under 18 to access this Site, he or she shall email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this website from any country where this material is prohibited, please exit now as you do not have proper authorization.

2. LICENSE TO USE THIS SITE

Upon acceptance, the Company hereby grants you a non-exclusive, non-transferable limited license to have access and use of this website in accordance with the Terms of this Agreement. You agree not to make any false or fraudulent statements as you use this website. You acknowledge and agree that all content and/or services available on this website are property of Farmasi and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the Malaysia and the Company’s international business affiliation. All rights not expressly granted herein are fully reserved by the Farmasi, its advertisers and licensors. You agree to pay for any and all purchases and/or services using your name through this website, not to challenge any such charges and to pay for all collections and/or attorneys’ fees resulting from any non-payment.

 3. LICENSE RESTRICTIONS

a. Use

Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit and/or create derivative works from materials from this website. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database, or directory without written permission from Farmasi is strictly prohibited. In addition thereto, use of the content or materials for any other purpose not expressly permitted in this Agreement is prohibited.

b. Security

You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this website through your Username and Password by anyone other person than yourself, including but not limited to, keeping such information in strict confidence, notifying the Company immediately if you discover loss or access to such information by any unauthorized party and by using a secure Username and Password not easily guessed by a third party.

 You agree that you shall not try to reverse engineer, reverse compile, decompile, disassemble, translate, and/or otherwise alter any executable code, contents, or materials on or received via this website. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law so as  to protect its rights and the rights of its other licensors.

c. Export

 You agree that you shall comply with all applicable export and import control laws and regulations in your use of this website, or materials or services received through this website, and in particular, you shall not export or re-export anything on or received through this website in violation of local or foreign export laws and/or without all required Malaysian and foreign government licenses.

d.  Errors and Corrections

 While we use reasonable efforts to include accurate and current information on our website, we do not warrant nor represent that the website will be “error-free”. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our website, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the website’s features, functionality, or content at any point in time. If you see any information or description you believe to be incorrect, please contact us and we will verify it for you.

4. LINKS TO OTHER WEBSITES

The Company’s official website contains links to other websites for your information and convenience, or to provide additional shopping for various other goods and/or services through our Merchant and Service Partners. These third-party websites are responsible for, and undertake to maintain, their own website terms of use.  You are advised to carefully review the terms of use of each website you choose to access from our website.

 5. USER’S LICENSE GRANT TO SITE

Except for personal information, all information which Users post on this website or communicate to the Company through this website (collectively “Submissions”) shall be the property of the Company. The Company will not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in the future Company services and/or products. Without copyright, the Company shall have exclusive ownership of all present and future existing rights to any submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the posting, including its legality, reliability, appropriateness, originality, and copyright. You hereby represent and warrant that your submission does not infringe the rights of any third party.

6. USER CONDUCT

By using features of this website that allow you to post or otherwise transmit information to or through this website, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this website’s Terms and Conditions, rules and/or policies.

b. infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party.

c. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. 

d. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or 

e. impersonates any person or entity, including any employee or representative of this website, its licensors, or advertisers.

You assure that you will not harvest or collect information about the users of this website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third-party.

 You further assure that you will not solicit or collect information, or attempt to induce any physical contact with anyone below 18 years of age, without appropriate written parental consent.

 This website generally does not pre-screen, monitor and/ or edit the content posted by users thereto. Nevertheless the Company (owner of the website) and its appointed agents reserve the exclusive right to remove any content that does not adhere to the website’s Terms of Use, or is otherwise harmful, objectionable, or inaccurate. The Company is not liable for any damages, losses sustained/incurred by any third party/entity as a result of omission, failure, neglect, or delay in removing such content.

 You agree that your use of this website may be suspended and/or terminated immediately upon receipt of any notice which states that you have used this website in contravention  of the Terms hereto and/or for any other purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third-party rights, that may defame a third-party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this website may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this website shall not be liable for damages or result of a subpoena or other legal action, and the owner of this website shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this website for such disclosure.

7. INTELLECTUAL PROPERTY RIGHTS

a.  Copyright

 The website design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the website are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the website. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without the Company’s prior written permission.

b. Trademark

 The Company’s Farmasi name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Far Cosmetics Sdn. Bhd. and Farmasi US LLC. The use or misuse of any Marks or any other materials contained on the website, without the prior written permission of their owner, is expressly prohibited.

 8. THIRD PARTY SITES

You may be transferred to online merchants or other third-party sites through links or frames from this website. You are advised to read their terms and conditions and/or privacy policies before using such website. These websites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These third party sites are not under the control of the Company nor are they monitored or reviewed by it. The inclusion of such a link or frame does not infer endorsement by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You understand and accept that the Company and its licensors have no liability whatsoever from such third-party websites and your usage of them.

9. DISCLAIMER OF WARRANTIES 

The Company, its advertisers and licensors make no representation or warranties about this website, the suitability of the information contained on or received through use of this website, or any service or products received through this website. All information and use of this website are provided “as is” without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties without regards to this website, the information contained or received through use of this website, any services or products received through this website, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that the contents or any information received through this website are accurate, reliable or correct; that this website will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this website is free of viruses or other harmful components. Your use of this website is solely at your risk. User agrees that it has relied on no warranties, representations, or statements other than in this agreement. Some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.

 10. LIMITATION OF LIABILITY

 Under no circumstances shall the Company, advertisers and/or its licensors be held liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law thereto.

 11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless, the Company and its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this website, or any services, information or products from this website, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall co-operate with the Company in asserting any available defences.

12. Personal Data Protection.

Parties hereto shall adhere to the provisions of the Personal Data Protection Act (2010) of Malaysia and that of the other jurisdictions that the Company and that of its Parent Company conducts business.  By accepting the Terms and Conditions of this Agreement, the User consents and authorises the Company to use his or her personal information for the performance of obligation/responsibilities underlined hereto.

13. LEGAL COMPLIANCE

The Company may suspend or terminate this Agreement or user’s use immediately upon receipt of any notice which alleges that the user has used this website for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such instances, the Company may disclose the user’s identity and a subpoena or other legal action, and the Company shall not be held liable for damages or results thereof and user agrees not to bring any action or claim against the Company for such disclosure.

14. CHOICE OF LAW AND FORUM   

This website (excluding third party linked sites) is managed and controlled by Far Cosmetics Sdn. Bhd.  Parties hereto shall adhere to the respective laws of Malaysia and in the event of any dispute, the Courts of Malaysia shall have jurisdiction to adjudicate the matter.

 15. MISCELLANEOUS

 This Agreement incorporates by reference the website Submission Rules if this Website allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.