The website at www.phimilion.com is a copyrighted site ("the Site") belonging to Phimilion Sdn Bhd ("Phimilion", "Company", "us", "our", and "we"). The Company markets, sells and delivers health supplements and beauty products directly to customers via post. Certain features of the Site may be subject to additional guidelines, terms, conditions and/or rules, which will be posted on the Site. All such additional terms, guidelines, and/or rules shall be binding on you.
By accessing to the Site and placing your order(s) with us, you are deemed to accept the terms and conditions herein (on behalf of yourself or the entity that you represent). In this regard, you represent and warrant that you have the right, authority and capacity to enter into this transaction (on behalf of yourself or the entity that you represent) with us.
"Account" means the Phimilion Account that you will need to register for on the Site if you would like to be our existing customer;
"Customer" means any individual who places an Order on the Site, or individual who participated in our contest or campaign;
"Order" means the Order submitted by you to the Site to purchase a Product from us;
"You" means the Customer who places an Order or participated in our campaign;
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; References to "includes" or "including" or like words or expressions shall mean without limitation.
2. PRICE AND PAYMENT:
2.1 Where applicable, prices 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’.
2.2 You may order any of the product(s) offered (including without limitation, a la carte or gift) by following the directions of purchase provided on the Site.
2.3 You can pay using any of our payment partners listed on our homepage.
2.4 No amendments are allowed after payment has been processed, kindly check and ensure that your delivery details and ordered/purchased item(s) are correct before making the payment.
2.5 For the avoidance of doubt, we shall not be held responsible/ liable for any products ordered from other channels/ methods aside from the Site.
2.6 All orders made for clearance items are non-refundable and non-exchangeable.
2.7 Free gift that comes with your Order will be shown in the shopping cart (if any).
2.8 Free gift may be substituted with similar items of equal value according to stock availability without prior notice to you.
2.9 All free gifts are non-refundable, non-exchangeable, subject to availability and first come first-served basis.
3. ORDER OR PRODUCTS COMPLAINTS:
3.1 Should there be mistakes in your Order(s) due to packing errors (i.e. missing product/ wrongly packed order), kindly proceed to inform our Customer Care Team via email (firstname.lastname@example.org) within ten (10) working days from the date of receiving your parcel. Our team will proceed to carry out remedial action after checking and verifying your claim. We will not entertain any claims which are brought to our attention after the expiry of ten (10) working days from the date of receiving your parcel.
3.2 For any dissatisfaction regarding the quality of our product(s) (i.e. spoilt, past expiry date etc), kindly contact our Customer Care Team within thirty (30) days from the date of receiving your parcel. Our team will proceed to verify your claim and carry out remedial action. We reserve our rights not to entertain any claims which are brought to our attention after the expiry of thirty (30) days from the date of receiving your parcel.
3.3 Should you receive a broken/damaged product, kindly contact our Customer Care Team within 7 days upon the date of receiving your parcel via email. Our team will proceed to verify and carry out remedial action. We will not entertain any claims which are brought to our attention after the expiry of ten (10) working days from the date of receiving your parcel.
4. REFUND POLICY:
4.1 Refunds from returns will only begin processing once we have received the physical return parcel and a quality check is completed to either approve or reject the return requested. Once the processing is completed, the equivalent amount will be credited to the customer's bank account.
4.2 All returned item shall be sent in their original condition and packaging. In the unlikely event that an item is returned to us in an unsuitable condition or outside of the thirty (30) days return policy, we reserve the right not to refund you.
5. PROCESSING YOUR ORDER:
5.1 It takes 2-4 working days to process your Orders. 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 via email notification).
5.2 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.
5.3 All of the parcels are delivered by our courier partner(s) i.e. Ninja Van, DHL eCom, Pos Laju (Malaysia), J&T Express and more.
5.4 Self-collection from our store is strictly not allowed.
5.5 Our courier partner will return your parcel(s) if the delivery details provided by you are invalid/insufficient or if the courier has attempted delivery twice to you but failed for whatsoever reasons. In the event your parcel(s) is returned to us, we will refund via cash refund, please reach out to our Customer Care Team via email at email@example.com and we will try our best to accede to your request.
5.6 Out of stock product(s) will be refunded thru bank transfer.
6.1 New customers and existing customers are entitled to different promotional offers as determined by us from time to time.
6.2 Existing customers are not entitled to promotional offers exclusively for new customers only and vice versa.
6.3 Terms and conditions of selected promotion(s) for new customers will be listed at the bottom of the pop-up window. Customers are deemed to have checked the information needed or related to the promotion(s), read, understood and agreed to the terms and conditions provided upon clicking “redeem now”.
6.4 Multiple promotions may be held simultaneously within the same period of time. However, combining multiple promotions in single purchase is not allowed unless specify otherwise.
6.5 Customers are not allowed to change or cancel previous Orders to take advantage of the new entitled promotions.
6.6 Items in snack pack/gift box/bundle are shown for illustration purposes only. Decorative items are not included.
6.7 We reserve the right for the final decision of the promotion/marketing activities/marketing campaign without prior notice or reference to you.
7.1 Account Creation
Phimilion membership is based on invitation link only and certain promotions / campaign available on the Site may require purchase or subscription. Should you choose to register as a member or subscribe to Phimilion, you represent and warrant that: (i) all required registration information you submit is complete, truthful and accurate; (ii) you will maintain the accuracy of such information and keep such information updated from time to time. You may delete your Phimilion Account at any time, for any reason, by following the instructions provided on the Site.
7.2 Account Responsibilities
You are responsible for maintaining the security and confidentiality of your Phimilion Account and login information. You are fully responsible for all activities that occur under your Phimilion Account. You agree to immediately notify Phimilion of any unauthorized use, or suspected unauthorized use of your Phimilion Account or any other breach of security. For the avoidance of doubt, Phimilion shall not be liable for any unauthorized use of your Phimilion Account or loss or damage arising from the unauthorized use of your Phimilion Account.
7.3 Promotional emails
As an Account user/member, you agree to receive newsletters and promotional emails including third party offers from us. You have the option to opt out the promotional emails.
7.4 PDPA Consent Clause
By making an account, you hereby agree that Phimilion may collect, obtain, store and process your personal data that you provide in this form for the purpose of receiving updates, news, promotional and marketing mails or materials from Phimilion.
You hereby give your consent to Phimilion to:-
Store and process your Personal Data;
Disclose your Personal Data to the relevant governmental authorities or third parties where required by law or for legal purposes.
In addition, your personal data may be transferred to any company within the Phimilion which may involve sending your data to a location inside Malaysia. For the purpose of updating or correcting such data, you may at any time apply to the Phimilion to have access to your personal data which are stored by Phimilion.
For the avoidance of doubt, Personal Data includes all data defined within the Personal Data Protection Act 2010 including all data you had disclosed to Phimilion in Account Creation Form.
Subject to the terms and conditions herein, Phimilion grants you a limited, non-transferable, non-assignable, non-exclusive, revocable, license to use the Site for your personal, non-commercial use.
The rights granted to you herein are subject to the following restrictions:
8.2.1 you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;
8.2.2 you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
8.2.3 you shall not access the Site in order to build a similar or competitive service; and
8.2.4 except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Phimilion reserves the right, at any time, to modify, suspend, or discontinue the content/operation of the Site or any part thereof without notice or liability to you.
8.4 No Support or Maintenance
You acknowledge and agree that Phimilion will have no obligation to provide you with any support or maintenance in connection with the Site.
Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site are owned by Phimilion. The provision of the Site does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
9. USER CONTENT:
9.1 User Content
9.1.1 "User Content" means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user's profile or postings).
9.1.2 You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable.
9.1.3 You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below), relevant law and regulations.
9.1.4 You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Phimilion.
9.1.5 Phimilion is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
By submitting suggestions or other feedback regarding our Site in any way to us, you acknowledge and agree that:
9.2.1 your feedback do not contain confidential or proprietary information;
9.2.2 Phimilion is not under any obligation of confidentiality, express or implied, with respect to the feedback;
9.2.3 Phimilion shall be entitled to use or disclose (or choose not to use or disclose) such feedback for any purpose, in any way, in any media worldwide;
9.2.4 you irrevocably grant a non-exclusively license to Phimilion to exploit your feedback;
9.2.5 you are not entitled to any compensation or reimbursement of any kind from Phimilion under any circumstances.
9.3 Acceptable Use Policy
When using the Site, you irrevocably agree to the "Acceptable Use Policy" below. Specifically, you agree to:
9.3.1 Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
9.3.2 Provide complete, true and accurate information to us and update the information from time to time;
9.3.4 Read and comply with notices sent by the Company concerning the Site; and
9.3.5 Use the Phimilion Account and the Site in a responsible manner.
Additionally, you agree not to:
9.3.6 Act dishonestly or unprofessionally by engaging in unprofessional behaviour by posting inappropriate, inaccurate, defamatory or objectionable content to the Site;
9.3.7 Harass, abuse or harm another person, including sending unwelcomed communications to others using the Site;
9.3.8 Use or attempt to use another's account without authorization;
9.3.9 Upload, post, transmit or otherwise make available or initiate any content that Is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
9.3.10 Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
9.3.11 infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
9.3.12 includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation; or Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Company or any user of the Services.
9.3.13 Duplicate, license, sublicense, publish, broadcast, transmit, distribute, display, sell, rebrand, or otherwise transfer information found on the site (excluding content posted by you) except as expressly authorized by Company;
9.3.14 Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Service, or any part thereof;
9.3.15 Utilize or copy information, content or any data you view on or obtain from Phimilion to provide any service that is competitive, in Company's sole discretion, with Company;
9.3.16 Rent, lease, loan, trade, sell/re-sell access to Company or any information therein, or the equivalent, in whole or part;
9.3.17 Remove any copyright, trademark or other proprietary rights notices contained in or on any Company website, including those of the Company and any of its licensors;
9.3.18 Remove, cover or otherwise obscure any form of advertisement on the site;
9.3.19 Infringe or use Company's brand, logos or trademarks except as expressly permitted by Company;
9.3.20 Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;
9.3.21 Engage in "framing," "mirroring," or otherwise simulating the appearance or function of Company's website;
9.3.22 Attempt to or actually override any security component included in the Site or underlying Company;
9.3.23 Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Company's infrastructure.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of
10.1 your use of the Site,
10.2 your User Content,
10.3 your violation of these terms and conditions; or 10.4 your violation of any applicable laws or regulations.
The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. THIRD PARTY SITES & ADS; OTHER USERS:
11.1 Third Party Sites & Ads
The Site may contain links to third party websites, services, and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of Company and the Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. Usage of all Third Party Sites & Ads are at your own risk. When you link to a Third Party Site & Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
11.2 Other Users
Each Site is solely responsible for any and all of its user content. As we do not control the user content of other sites, you acknowledge and agree that we are not responsible for any user content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any user content, and we assume no responsibility for any user content. Your interactions with other sites are solely between you and such user/owner of other sites. You agree that Company will not be responsible or liable for any loss or damage incurred as the result of any such interactions.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other sites or service users or Third Party Sites & Ads.
12. LIMITATION ON LIABILITY:
To the extent permitted by law, in no event will we or our supplier be liable to you for any loss of profit, indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Site or the transaction between us.
13. TERM AND TERMINATION:
13.1 For as long as you use the Site, you shall be bound by these terms and conditions herein.
13.2 We may 17.2.1 suspend your rights to use the Site (including your Company Account) or 17.2.2 terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement.
13.3 Upon termination, your Company Account and right to access and use the Site will cease immediately. You understand that any termination of your Company Account involves deletion of your User Content associated therewith from our live databases.
13.4 The Company will not have any liability whatsoever to you for any termination of this Agreement, the termination of your Company Account and/or deletion of your User Content.
14. We reserve the right to amend the terms and conditions herein at our sole and absolute discretion without prior notice or reference to you.