Welcome to the eWellnessMall.com website ("Website"), a site owned by Nutra Choice Sdn. Bhd. (NUTRA CHOICE). eWellnessMall.com is an online health store: a retail store and information site for health, beauty, wellness and web applications products.
The following terms and conditions ("Terms and Conditions") apply to your access and use of this Website and the services provided herein by NUTRA CHOICE and/or on its behalf. By accessing any page of this Website and/or using the services, you agree to be bound by these Terms and Conditions without limitation or qualification. Please read these Terms and Conditions carefully.
If you do not accept these Terms and Conditions, please discontinue your access to this Website and/or use of the services immediately.
GENERAL
All products and services of eWellnessMall.com are subject to the applicable terms and conditions governing the products and/or services. Please check the applicable terms and conditions of sale associated with the products and/or services you may purchase.
These Terms and Conditions are meant to regulate your access to this Website and they are to be read together with the applicable terms and conditions governing any transaction(s), product(s) and/or service(s) provided on this Website. In the event of conflict between these Terms and Conditions and the terms and conditions governing the relevant transaction(s), product(s) and/or service(s) provided herein, the latter would prevail.
The information, material, functions and content provided in the pages of the Website may be changed from time to time with or without notice at NUTRA CHOICE's absolute discretion. Your continued access or use of the Website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The materials and information in this Website, including but not limited to services, products, information, data, text, graphics, audio, video, links or other items, are provided on an "as is" and "as available" basis. References to materials and information contained in the Website include such material and information provided by third parties.
NUTRA CHOICE does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the Website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of eWellnessMall.com, reasonable measures will be taken by NUTRA CHOICE to ensure the accuracy and validity of all information relating to transactions and products and services of eWellnessMall.com.
Further NUTRA CHOICE does not warrant or represent that access to the whole or part(s) of this Website, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
NUTRA CHOICE will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to eWellnessMall.com, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned and/or licensed by NUTRA CHOICE and/or its content supplier and are protected by copyright, trademarks and other laws. The compilation of all content on this Website is the exclusive property of NUTRA CHOICE and is protected by copyright laws. All software used on this Website is the property and/or licensed to NUTRA CHOICE and is protected by copyright and other laws.
TRADEMARKS
All trademarks, service marks, and logos displayed on this Website are owned and/or licensed by NUTRA CHOICE and/or their respective third party proprietors as identified on the Website.
Unless the prior written consent of NUTRA CHOICE and/or the relevant third party proprietor(s) of any of the trademarks, service marks or logos appearing on the Website has been obtained, no license or right is granted to any party accessing this Website to use, download, reproduce, copy or modify such trademarks, service marks or logos. Similarly, unless the prior written consent of the NUTRA CHOICE and/or the relevant proprietor(s) has been obtained, no such trademarks, service marks or logos may be used as a link or to mark any link to the Website or any other site owned and/or controlled by NUTRA CHOICE.
LICENSE AND WEBSITE ACCESS
NUTRA CHOICE grants you a limited license to access and make personal use of this Website and not to download (others than permitted downloaded materials) or modify it, or any portion of it, except with express written consent of NUTRA CHOICE. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without permission of NUTRA CHOICE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NUTRA CHOICE and/or its relevant third party proprietor without express written consent. You may not use any metatags or any other "hidden text" utilizing NUTRA CHOICE's name or trademarks without the express written consent of NUTRA CHOICE. Any unauthorized use terminates the permission or license granted by NUTRA CHOICE.
EXCLUSION OF LIABILITY
NUTRA CHOICE herein shall in no event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this Website (or any third party link to or from the Website), reliance on the information contained on the Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
This exclusion clause shall take effect to the fullest extent permitted by law.
INDEMNITY
You hereby irrevocably agree to indemnify and keep indemnified NUTRA CHOICE from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by NUTRA CHOICE in connection with or arising from (1) your use or misuse of this Website and the services provided herein, or (2) your breach of these Terms and Conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against NUTRA CHOICE in connection with your use of this Website.
WEBSITE LINKS
This Website may contain links to website(s) controlled or offered by third parties (non-affiliates of NUTRA CHOICE). NUTRA CHOICE hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party websites linked to this Website. By creating a link to a third party website, NUTRA CHOICE does not endorse or recommend any products or services offered or information contained at that website, nor is NUTRA CHOICE liable for failure of products or services offered, or advertised at those websites. Such third parties may have a privacy policy different from that of NUTRA CHOICE, and the third party website may provide less security than the Website.
YOUR ACCOUNT
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NUTRA CHOICE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You are solely responsible for maintaining the confidentiality of your login name and password to any other person. You are responsible for the use of your account, whether or not authorized by you.
You shall immediately notify NUTRA CHOICE if it comes to your knowledge that your password has been compromised or there has been unauthorized use of your account.
NUTRA CHOICE shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorized use of your login name and password.
You shall provide and maintain true, accurate, current and complete information about yourself when registering for your account.
DELIVERY, TITLE AND RISK OF LOSS
All items purchased from eWellnessMall.com are made pursuant to a delivery arrangement stated in the term and condition applicable to the product(s) and services(s). The risk of loss and title for such product(s) pass to you upon the delivery of the product(s) to you by NUTRA CHOICE and/or any other third party designated by NUTRA CHOICE.
In the event of any unsuccessful delivery of the product and/or services by NUTRA CHOICE or any other third party designated by NUTRA CHOICE to you, due to your absence in receiving the products and/or services at the designated address agreed by you, you shall solely bear the total cost of further deliveries of the products and/or services to you. You are hereby notified that NUTRA CHOICE shall give no refund to you for the products and/or services under the aforementioned circumstances.
PRODUCT AND SERVICE DESCRIPTIONS
NUTRA CHOICE attempts to provide the product and service descriptions as accurately as possible to you. However, NUTRA CHOICE does not warrant that product and service descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.
COLLECTION AND USE OF PERSONAL INFORMATION
In addition to disclosure of identification and contact particulars as contemplated herein, NUTRA CHOICE will collect, store, compile and utilize information about you and your use of the Website including without limitation, information regarding the sites you visit, that you provide to NUTRA CHOICE's questionnaires, surveys and registration forms. NUTRA CHOICE may provide certain information and data about you (including information about your computer system and platform) to third parties including advertisers, clients, marketing organizations and others that NUTRA CHOICE may select. However NUTRA CHOICE will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information, unless you give NUTRA CHOICE consent to do so or as may be required by law or pursuant to any request or directives by regulatory authorities or governmental bodies or agencies.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You may post reviews of products or services, comments, suggestions, or other material (“Submissions”) so long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. NUTRA CHOICE reserves the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions.
By posting or sending us any Submission, you grant NUTRA CHOICE and its subsidiaries a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant NUTRA CHOICE and its subsidiaries the right to use the name you submit in connection with such Submission.
By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify NUTRA CHOICE and its subsidiaries against all claims and liabilities resulting from your Submission. NUTRA CHOICE does not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity.
Cookies
To personalize and enhance your browsing and shopping experience, we use a feature on your Internet browser called a cookie. Cookies are small files that your Web browser places on your computer’s hard drive. We use cookies to let us know that you are a prior customer and to retrieve certain information previously provided by you to us, so that you do not need to re-enter this information every time you shop at the site. Cookies also let us know how you found us (e.g., through a particular web site or advertisement). Cookies are not used to access information entered on the secure server. This information can be accessed only when you enter your name and password. If you choose to configure your browser to remove or reject our cookies, you will not be able to make purchases from our Web stores or take advantage of many of our features.
CURRENCY
All transactions on the Website are to be conducted and payable in Ringgit Malaysia (RM), unless otherwise indicated.
LAW AND JURISDICTION
These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia . By accessing this Website and/or using the services provided herein by NUTRA CHOICE, you hereby consent to the exclusive jurisdiction of the courts of Malaysia in all disputes arising out of or relating to the use of this Website.
NUTRA CHOICE makes no representation that the materials, information, functions and/or services provided on this Website are appropriate or available for use in jurisdictions other than in Malaysia.
TERMINATION
NUTRA CHOICE reserves the right to terminate and/or suspend your access to this Website and/or your use of this Website at any time, for any reason. In particular, and without limitation, NUTRA CHOICE may terminate and/or suspend your access should you violate any of these Terms and Conditions, or violate the rights of NUTRA CHOICE, of any other user(s), or of any third party(ies).
WAIVER
The failure of NUTRA CHOICE to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
MODIFICATION AND SEVERABILITY
NUTRA CHOICE reserves the right to make changes to the Website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining condition.
PRIVACY
Please review our Privacy Policy, which also governs your visit to eWellnessMall.com, to understand our privacy practices.
Affiliate Policy:
As members of eWellnessMall.com, you are automatically become an authorized affiliate of www.eWellnessMall.com, you agree to abide by the terms and conditions contained in this agreement.
Acceptance of terms
eWellnessMallcom provides its services to affiliates which subject to the following terms and conditions. Terms and conditions may be revised from time to time. It is the responsibility of affiliates to update from time to time. When using affiliate features offered by eWellnessMall.com, you may be subject to additional rules and regulations applicable to such services which may be posted from time to time. These terms will be effective upon your signup with the eWellnessMall.com membership and will end when your membership account is terminated. The terms of this agreement may be modified by eWellnessMall.com at any time. If the modification to the terms is not agreed by you, you should terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any changes in the terms of this agreement. All such rules or regulations are hereby incorporated by reference into the terms of service. By filling and joining eWellnessMall.com Membership sign up form, you will automatically become an affiliate and are bound by eWellnessMall.com terms of agreements. Your participation in eWellnessMall.com.com Affiliate Program is solely for the purpose of advertising eWellnessMall.com.com.com in a legal manner and receives commission on sales through your advertisement referrals.
Commission Scheme
All our Free, Silver and Gold Member can enjoy the same commission rate follow the schedule below:
First Level Commission: 25% on sales
Second Level Commission: 10% on sales
remark: Affiliate commission scheme will be different during promotion period.
Payments
Eligible commissions are orders placed as a result of referral from affiliate’s links for which acceptable payments are received in full. Commissions are considered earned 30 days after acceptable payments in full has been received for the order with no refunds, partial refunds and payment reversals have been issued on the order. Payments are made at the mid of new month.
There is no time limit for deduction of earned commissions as long as refunds, partial refunds, or payment reversal is issued on the order.
You can choose to use your earning to buy products or we shall transfer all earning to your paypal account or check.
You may not purchase products through your own affiliate links for your own use, for resale or commercial use of any kind. Such purchases may result (upon our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
Revocation of Affiliate Status
Your affiliate status maybe suspended for the following reasons:
Inappropriate advertisements like false claims, misleading links, and unapproved banners.
Spamming through mass email, mass forums posting and mass newsgroup posting.
Advertising on sites containing and/or promoting illegal contents and/or activities
Fraud Traffic
"Fraud Traffic" means traffic generated at the Site through an illegal means (in contradiction to our standard terms of what “affiliation” means) or in bad faith that sets out to defraud the system in any way, regardless of whether or not it actually causes any harm or loss of revenue. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third party copyrights or trademarks, accounts that are linked to the affiliate or parent account, etc.
Our team also monitors the activities of merchants and affiliates alike, to make sure that there is no suspicious activity. ALL checks are reviewed before they are sent, and fraudulent users will not be paid any commissions. We have a zero tolerance policy for fraud.
