Terms and Conditions

I OVERVIEW

1.	This website, [medistore.sg], (“Website”) is operated by AsiaMedic Wellness Assessment Centre Pte Ltd (referred to herein as “AsiaMedic”, “we”, “us” or “our”). AsiaMedic offers the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein (“Terms and Conditions”).
2.	Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of our Website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you must not access or use our Website.

II WEBSITE

1 Personal Data

Your submission of personal information through our Website is governed by our Privacy Policy, which can be found here (www.medistore.sg/privacy-policy).

2 Access to Website

2.1	You agree to comply with any and all terms, guidelines, notices, policies, and instructions pertaining to the use and/or access of our Website, as well as any amendments to the aforementioned, issued by us, from time to time.
2.2	You may not adapt or circumvent the systems in place in connection with our Website, nor access our Website other than through normal operations.
2.3	In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using our Website or its content:
	(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or local laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Website or of any related websites, other websites or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl or scrape; or (j) to interfere with or circumvent the security features of our Website or any related websites, other websites or the internet.
2.4	Failure to comply with these Terms and Conditions may result in our taking of actions we reasonably deem appropriate, including any or all of the following actions:
	(a) immediate, temporary or permanent withdrawal of your right to use our Website; (b) immediate, temporary or permanent removal of any posting or material uploaded by you to our Website; (c) issue of a warning to you; (d) legal proceedings against you for reimbursement of all of our costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (e) further legal action against you; and/or (f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

3 Account

3.1	To order and purchase any of the products offered for sale through our Website, including any related services (the “Products”), you must register and maintain an account with us. You must be at least eighteen (18) years old to register an account through our Website and to order and purchase the Products. By using our Website to order and purchase the Products, you warrant that you are at least eighteen (18) years old and legally capable of entering into binding contracts.
3.2	You are responsible for all activities conducted on your account. You: (a) must keep your account information (including your password and other login details) confidential and secure; and (b) must not provide any third party with access to your account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms and Conditions. If you know or suspect any unauthorized access to or use of your account, you must promptly notify us at enquiry@medistore.sg.
3.3	We reserve the right to refuse the registration of an account for any reason, or suspend or terminate your account at any time without prior notice if you fail to comply with these Terms and Conditions or for any other reason as determined by us in our sole discretion.

4 Third-party Websites and Content

4.1

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources. When you click on a third party link, you will leave our Website. Any personal data you submit on the resulting site will not be collected or controlled by us but will be subject to the privacy policy or terms of use of the resulting site.

4.2

Our Website may contain third party content, including but not limited to [comments and articles posted by third parties, the content of advertisements posted by third parties, applications posted by third parties and content accessed through such applications]. You agree that we shall not be responsible or liable for any third party content on our Website or your access or use of any third party content on our Website.

5 Proprietary Rights and Restrictions on Use of Materials

5.1	The materials located on our Website, including the information as well as any software programmes made available on or through our Website (“Contents”), are protected by copyright, trademark and other forms of proprietary rights. All rights, title and interest in the Contents are owned by, licensed to or controlled by us or our licensors (as applicable).
5.2	Except as otherwise provided, the Contents of our Website shall not be produced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without our prior written.
5.3	You must not use any part of the Contents of our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
5.4	Modification of any of the Contents or use of the Contents for any other purpose will be a violation of the copyright and other intellectual property rights of us and our licensors. Graphics and images on our Website are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective copyright owners.
5.5	If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the material you have made.

6 User Comments

6.1

If, at our request, you send certain, specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively “Comments”), you agree to grant us a worldwide, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such Comments in any manner. We are and shall be under no obligation to:

(a) maintain any Comments in confidence;
(b) pay compensation for any Comments; or
(c) respond to any Comments.

6.2

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

6.3

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

7 Disclaimer of Liability

7.1	Our Website, the Contents and any products and services provided on our Website are provided on an “as is” and “as available” basis without warranties of any kind. To the fullest extent permitted by law, we do not warrant and hereby disclaim all warranties (whether express, implied, statutory or otherwise) including without limitation: (a) those as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose; and (b) that the Contents available through our Website or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that our Website and the server will be free of all bugs, viruses and/or other harmful elements.
7.2	We reserve the right to update or modify our Website, the Contents and any services contained therein from time to time. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website at any time without ascribing any reasons.
7.3	We are not responsible if information made available on our Website is not accurate, complete or current. The Contents on our Website are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Contents on our Website is at your own risk.
7.4	To the fullest extent permitted by law, we shall not be liable for any damage or loss of any kind, howsoever caused as a result (indirect or direct) of the use of our Website, including but not limited to any damage or loss suffered as a result of reliance on the Contents contained or available from our Website.
7.5	You are responsible for configuring your information technology, computer programmes and website to access our Website. You should use your own virus protection software.

III TERMS AND CONDITIONS OF SALE

8 Application of Section III

Section III of these Terms and Condition shall apply to your order and purchase of any Products through our Website, in addition to the rest of these Terms and Conditions.

9 Orders

9.1	All orders for the Products are subject to availability. Any pictures or images of the Products shown on our Website are for illustration only and the actual Products may differ from the pictures or images shown.
9.2	You may place your order of the Products via our Website using your account. By using your account, you acknowledge that we will be relying on the information provided therein for the purpose of processing your order. You also warrant and represent that: (a) each order is submitted by you or on your own behalf; (b) all information and documents provided to us in connection with your order are true, complete and accurate; and (c) you have disclosed all information which you know or ought to reasonably know and have not withheld any material fact that could affect the order.
9.3	In order for us to verify and process your order, you authorize us to: (a) conduct due diligence and credit checks on your order as we deem necessary; (b) disclose any information relating to your order to our affiliates, suppliers, service providers or any government authority; and/or (c) make further inquiries with our affiliates, suppliers, service providers or any government authority.
9.4	After you have placed an order, you will receive an order acknowledgment email from us. Please note that such an order acknowledgment email does not constitute an acceptance of your order. An order is only accepted by us when we have validated your payment and you have received a notification that confirms the dispatch of the purchased Products to the delivery address specified in your order. Any order shall be accepted entirely at our discretion.
9.5	You agree to provide current, complete and accurate purchase and account information for all purchases made through our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
9.6	Any typographical, clerical, or other error or omission in the Contents of our Website, quotation, price list, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

10 Cancellation and Change of Orders

10.1

You may not cancel an order once we have received payment. You may request to change an order before it is accepted by us, but we cannot guarantee that we will be able to accommodate any such request.

10.2

We reserve the right to refuse, cancel or change any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per customer account or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

11 Prices, Payment and Promotions

11.1	The price of any Products will be as quoted on our Website from time to time. Unless otherwise stated, these prices include any Goods and Services Tax (“GST”) but are exclusive of delivery costs.
11.2	We accept payment for purchases through our Website via VISA card, Mastercard or PayNow.
11.3	We reserve the right to modify the payment methods by which orders can be placed through our Website at any time, by sending a notification to you by e-mail or putting a notice on our Website.
11.4	We reserve the right to confirm that payment has been made before processing orders. If we discover an error in the price or payment of any Products that you have ordered, we will inform you of this as soon as possible and give you the options of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the Products, you will receive a full refund.
11.5	Promotions are offered at our sole discretion and may be subject to separate terms and conditions. We reserve the right to change the terms and conditions for such promotions and withdraw such promotions without notice at any time.

12 Modifications

12.1	All descriptions of the Products or their pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time.
12.2	We shall not be liable to you or to any third-party for any price change or discontinuance of any of the Products.

13 Delivery

13.1

We only deliver to locations within Singapore. We will use reasonable efforts to deliver the Products to the delivery address that you have specified in an order. Any delivery time or date specified shall be an estimate only and we will not be liable for any delay in delivery.

13.2

A delivery charge of S$12.00 (excluding GST) per delivery/trip will be imposed for same-business-day delivery. Orders that are S$35.00 NETT or above will be eligible for free next-business-day delivery. For orders below S$35.00 NETT, a delivery charge of S$8.00 (excluding GST) per delivery/trip will be imposed for next-business-day delivery. Please note that additional charges may apply if you request for any special arrangements.

13.3	Although we endeavour to fulfill each order placed through our Website, we cannot guarantee that we will be able to process or execute every order, whether it is because the Products are unavailable or for any other reason. If we are unable to fulfill your order, we shall have no further liability to you save that if you have already paid for the Products, you will be fully refunded.
13.4	You agree to promptly notify us if there is a change in your delivery address or contact number, so that we can complete your delivery and contact you as needed.
13.5	We may deliver the Products in an order in separate instalments. Where the Products are to be delivered in instalments, each delivery shall be bound by these Terms and Conditions and failure by us to deliver any one or more of the instalments or any claim by you in respect of any one or more instalments shall not entitle you to treat the whole order as having been repudiated.
13.6	Where you fail to take delivery of the Products for any reason, without prejudice to any other right or remedy that we have, we may store the Goods until actual delivery and charge you reasonable storage costs and the costs for any subsequent delivery(ies).

14 Risk and Title

All risk in the Products shall pass to you on delivery of the Products. Notwithstanding delivery or passing of risk or any other provision of these Terms and Conditions, the full property in the Products will not pass to you until we have received payment in full of the price of the Products.

15 Return and Refunds

15.1	Under normal circumstances, product returns and refunds are strictly not allowed.
15.2	If a Product is damaged or defective, please contact us at enquiry@medistore.sg within seven (7) days from the date of delivery. We will, at our sole discretion, offer a refund or replacement for the damaged or defective Product. A refund will be made via the payment method that you chose when making your original purchase. Any shipping costs incurred for the delivery of a replacement Product will be borne by us.
15.3	We reserve the right to reject any requests for refunds or replacements that we deem invalid at our sole discretion and we shall not be liable for any damage or loss of any kind whatsoever and howsoever caused.
15.4	To the fullest extent permitted by applicable law, we give no warranty and make no representations in respect of any Product and our returns policy set out above are in lieu of all other warranties (whether express or implied or otherwise), including any implied warranties of quality, merchantability or fitness for a particular purpose.

IV GENERAL TERMS

16 Liability

16.1	To the fullest extent permitted by applicable laws, we will not be liable for any consequential, indirect, or incidental damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) howsoever arising under or in connection with these Terms and Conditions, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
16.2	Save as provided for otherwise in Clause 15, we shall not in any circumstances (whether in negligence, contract, misrepresentation or otherwise) be liable for any damages whether direct, indirect or consequential or any loss of profits, loss of data, business interruption, loss of goodwill or reputation arising out of or in any way connected with the delivery, sale or use of the Products and whether or not advised of the possibility of such damages or loss.
16.3	Our total aggregate liability to you for any and all claims howsoever arising in connection with or arising out of your use of our Website or the delivery, sale or use of any Products resulting from these Terms and Conditions shall in no event exceed the sale price of the Products sold giving rise to such claims .
16.4	Nothing in these Terms and Conditions shall limit or exclude our liability arising from (a) personal injury or death arising from negligence; (b) fraudulent misrepresentation; or (c) any liability that in law may not be excluded.

17 Indemnity

17.1	You agree to indemnify, defend and hold harmless AsiaMedic and our officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of:
	(a) your breach of these Terms and Conditions or the documents they incorporate by reference; (b) any abnormal or improper use, misuse or neglect of the Products; (c) your violation of any applicable laws, statutes, rules, by-laws and regulations; and/or (d) your violation of the rights of any third-party.

18 Termination

18.1	These Terms and Conditions constitute an agreement between you and us, and we may terminate this agreement at our sole discretion for any reason at any time.
18.2	The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes and the provisions of these Terms and Conditions that are contemplated by their terms to be enforceable after the termination of this agreement shall survive any termination of this agreement.

19 Miscellaneous

19.1	We may amend these Terms and Conditions from time to time. Every time you wish to use our Website, please check these Terms and Conditions to ensure you understand the Terms and Conditions that apply at that time. You may determine if any such amendment has taken place by referring to the date on which these Terms and Conditions were lasts updated. Your continued use of our Website constitutes your acknowledgment and acceptance of such changes.
19.2	We shall not be liable to you for any delay or failure to perform our obligations under these Terms and Conditions caused by circumstances beyond our reasonable control and without the fault or negligence of that party including any acts of God, natural disaster, fire, flood, earthquake, war (declared or undeclared) and civil disturbance for the duration those circumstances are in operation.
19.3	If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable under any applicable law; the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. In such case, the said provision or part provision shall be deemed modified to the furthest extent possible so as to comply with the applicable law to be valid, legal and enforceable.
19.4	These Terms and Conditions and any other documents referred to in these Terms and Conditions, as may be amended from time to time, constitute the entire agreement between us and you in relation to the subject matter of these Terms and Conditions and supersedes and replaces any prior written or oral understanding, representation or agreement outside those expressly set forth in these Terms and Conditions.
19.5	No failure or delay on our part in exercising any right, power, privilege or remedy under these Terms and Conditions shall operate as a waiver thereof nor shall any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise thereof. The rights and remedies therein are cumulative and are not exclusive of any rights or remedies that we may otherwise have at law or in equity.
19.6	A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of these Terms and Conditions, and the application of the Contracts (Rights of Third Parties) Act 2001 is expressly excluded.
19.7	You may only assign these Terms and Conditions with our prior written consent. We may assign, directly or indirectly, all or part of our rights or obligations under these Terms and Conditions to any of our affiliates, with prior notice of not less than thirty (30) days to you.
19.8	These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore without regard to any conflict of law principles. You and we irrevocably submit to the exclusive jurisdiction of the courts of the Republic of Singapore for all disputes arising out of or relating to these Terms and Conditions.