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Terms and Conditions

INTRODUCTION

Welcome to We Care Online!

We Care Online provides an e-commerce platform to vendors and customers to form an e-business relationship. The following services is provided by We Care Online Sdn Bhd (the “Company”, “we” or “us” or "our" ). By using or accessing the We Care Online applications and website located at https://www.wecare-online.net (the “Platform”), the users (“you” or “your”) agree to the Terms and Conditions (the “Terms”). Before accessing or using the Platform, please read the Agreement (in particular, these Terms and Conditions) carefully, as they affect your rights and liabilities under the law. Do not access or use the Platform or our services if you do not agree to all of these Terms and Conditions. If you have any questions on the Agreement or any of these Terms, please contact us.

The Platform and all content, services and products available are governed by the following Terms and Conditions (the "Terms"). These Terms also govern in general terms of your use of the Platform and your relationship with us. The Platform is owned and managed by us. The Platform is offered for use subject to your acceptance without modification of all of these Terms and Conditions contained herein below, and all other operating rules, policies (including, without limitation, our privacy policy) and procedures that may be published from time to time on the Platform (collectively, the "Terms").

Use of the Platform

The Platform is provided to you for your use of subject to these Terms. By using the Platform you agree to be bound by (i) the Terms. Although we will normally only refuse the use of the Platform if these Terms are violated, we have the right to refuse the use of the Platform to anyone for any reason at any time.

Registering to the We Care Online Account

To register an account ("We Care Online Account") on the Platform, you must input your phone number to proceed. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided on registration by updating your personal details in order to communicate with you effectively. We reserve the right to refuse registration of any account name that violates trademark or may mislead other users. In addition, by registering with We Care Online, you agree that we can use any of the address and/or contact method you provide to us (including information submitted when you place an order) for the purpose to keep track the data to ensure you have a better experience with shopping with us.


Password and Security

When you register for a We Care Online Account, you will be asked to create a password. In order to prevent fraud, you must keep this password confidential. You must not disclose the password or share the password with anyone. If you know or suspect that someone else knows your password, you should contact us. If the Company has reasons to believe that there is likely to be a breach of security or misuse of the Platform, we may require you to change your password or we may suspend your We Care Online Account.

Your We Care Online Account

You are solely responsible for maintaining the security of your Account, and you are fully responsible for all actions that occur under the account and any other activities taken in connection with the account such as sharing any images on the Platform. You must not describe or assign keywords in your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may remove your Account if any description or keyword that is considered inappropriate or unlawful, or otherwise likely to cause us liability, harm or damages. You may not use another's We Care Online Account without permission. We must be immediately informed if there is any unauthorized use of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Although we will not be liable for your losses caused by any unauthorized use of your We Care Online Account, you may be liable for the losses of ours of others due to such unauthorized use.

Your use of the Platform

You may not use the Platform for any of the following purposes:

  1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
  2. Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practices;
  3. Interfering with any other person's use or enjoyment of the Platform; or
  4. Making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner.
  5. You will be responsible for our losses and costs resulting from your breach of this provision.

Your Content on the Platform

You are entirely responsible for the content (the "Content") that you submit, post and display on the Platform, and any harm resulting from the submission, posting and display of the contents on the Platform. These include, without limitation, posting material to the Platform, posting links on the Platform, commenting on the Platform or otherwise making (or allowing any third party to make) material available via the Platform. That is the case regardless of whether the Content constitutes data, text, files, information, images, screen names, graphics, photos, profiles, audio files, video files, audiovisual combinations, interactive features, musical works, works of authorship, applications, links, codes, scripts, computer software or other material. The Content that you upload to the Platform can be removed by our system without prior communication includes but not limited to the following reasons:

  1. The proprietary rights, including but not limited to the copyright, patent, trademark, trade secret rights and other intellectual property rights of any third party in the Content are infringed by the copying, downloading and use of the Content;
  2. If the intellectual property rights or proprietary rights of the Contents belong to your employer, you do not have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  3. Any third-party licenses relating to the Content has not been fully complied with and successfully pass through to end users under any required terms and all royalties, fees and other monies owing to other persons and relating to the use of the Content must have not been fully and duly settled;
  4. The Content violates the privacy or publicity rights of any third party;
  5. The Content contains the naked body or intimate parts of a real person;
  6. The Content includes any bugs, viruses, worms, malware, trojan horses or other harmful or destructive content;
  7. The Content is a spam, is machine- or randomly-generated, and contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  8. The Content contains any pornographic material, profanity language, threats or material which incites aggression towards individuals or entities and/or spreading violence/hatred, and does not infringe;
  9. Your We Care Online Account username misleads your readers into thinking that you are another person or company;
  10. Or any other reasons that the Company finds the Content inappropriate.

Your Payment / Orders on the Platform

The orders placed on the Platform are subjected to being charged with import fees, taxes, custom duties, related package handling fees and/or any other relevant charges required by the corresponding designated country and/or the organization(s) that handle(s) the shipment / delivery of the orders. None of these charges are included in the price that you pay on the Platform. Items cannot be sent as gifts, and your purchase may or may not have these charges, depending on the policies of the designated country and/or the organization(s) that handle(s) the package. If any of the said charges apply, you may need to pay for them to the respective collection authority in advance of receiving your purchase. You should check with any related authority of your country (or the designated country of the order) for any charges required to receive the goods you order from We Care Online. We Care Online is not responsible for any of these charges, and would not refund on item(s) returned to us due to unaccepted / undelivered and/or any other reasons unless otherwise agreed with Us in advance.

Shipping or Delivery of Your Order

The delivery will be door-to-door service and will be done by our trusted logistic providers:

1. Jayapuri (B) Sdn Bhd

2. SF Express

3. We Care Online Self Delivery

The way the package is presented to the recipient will depend on the logistic service provided. Most of the time, packages are delivered by the driver or runner to the address and require the recipient to sign to receive the package.

The estimated delivery date indicated on the Platform is strictly for reference only but for local vendors is maximum 3 days of delivery and shall not be regarded as a commitment. We Care Online does not guarantee orders to be delivered by a particular time, and shall not be liable for any direct / indirect loss caused by delivery issues. If there is a necessity to check the status of the order, please do not hesitate to contact the particular vendor and negotiate with them as We Care Online will not be responsible for any fees incurred.

Platform will assume goods have been received if there are no feedback 3 days after vendor have shipped the goods.

Returns or Refunds

Any returns or refund will be according to the vendors. All vendors have different return policy so that should be taken into account. For Guardian, it will be within 3 days. Users and vendors should negotiate on how the process goes within the specified refund period that the vendor agrees to. 


Availability of the Platform

Although we aim to offer you the best service possible, we make no promise that the services at the Platform will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Platform, you should report it to https://wecare-online.net/index/User/feedBack.html and we will attempt to correct the fault as soon as possible. Your access to the Platform may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as possible.

Intellectual Property.

The Content we display on the Platform (the "We Care Online Content") is protected by copyright, trademark, patent, trade secret, database and other intellectual property rights, which is either owned by or licensed to us. We hereby grant you a limited, revocable, non-sublicensable licence to reproduce and display the We Care Online Content (excluding any software code) solely for viewing and using the Platform. You may not copy, reproduce, make available online or transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the We Care Online Content without written permission from us or the owner of the intellectual property rights. The Agreement does not transfer to you any of our or the third party's intellectual property rights, and all rights, titles and interests in and to such property will remain (as between the parties) solely with us. Further, the We Care Online logo, and all other trademarks, service marks, graphics and logos used in association with We Care Online or on the Platform are the trademarks or registered trademarks or other intellectual property rights of the Company or our Vendors. Other trademarks, service marks, graphics and logos used in association with the Platform may be the trademarks or other intellectual property rights of other third parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any of our or third party's trademarks, service marks, graphics and logos.

Copyright Infringement.

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to or from the Platform violates your copyright, you are encouraged to notify us. We will use our reasonable endeavours to respond to all such notices, and if required or appropriate, remove the infringing material or disable all links to the infringing material. We may, but has no obligation to end a visitor’s permission to visit and use the Platform if, under appropriate conditions, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others.

If you believe that your intellectual property rights have been infringed by a user of our service, please provide us with a notification that contains the following information:


  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  3. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  4. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Changes

We reserve the right to amend the Terms from time to time for legal or regulatory reasons or to allow the proper operation of the Platform. Any material changes in the Terms will be notified to you via suitable announcement on the Platform. The changes will apply to the use of the Platform immediately after such notice has been given. What constitutes a material change will be determined at our sole discretion. If you do not wish to accept any of the new Agreement, you must not continue to use the Platform. If you continue to use the Platform after the posting of the amendments on the Platform, your use of the Platform constitutes your agreement to be bound by the new Terms and Conditions. We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms and Conditions.

Termination

We reserve the right to suspend or cancel your We Care Online account at any time, without prior notice and at our sole discretion if you breach any of your obligations under the Terms and Conditions. If you wish to terminate your We Care Online account, you may inform us. Suspension or cancellation of your We Care Online account shall not affect our and your rights and liabilities accrued before such suspension/cancellation. All provisions of the Terms, which by their nature shall survive termination of the Agreement, including, without limitation, intellectual property, representations and warranties, indemnification, disclaimer of warranties, and limitations of liability.

Site Errors

In the event a product is listed on the Platform at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. We reserve the right to reject any orders placed on the Platform.

Indemnification

You agree to indemnify and hold harmless, to the fullest extent permitted under the applicable law, the Company, our contractors, vendors, and our/their respective directors, officers, members, employees and agents from and against any claims, demands, disputes, actions, proceedings, causes of action, judgments, damages, losses, liabilities, costs or expenses (including without limitation, attorneys’ fees and expenses, and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of your use of the Platform, including but not limited to your violation of the Agreement (in particular, the Terms and Conditions).

Disclaimer of Warranties

The Platform is provided “as is”. We and vendors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of any intellectual property rights, other proprietary rights or statutory requirements. Neither we nor our vendors make any warranty that the Platform will be error-free or that access thereto will be continuous or uninterrupted. You will download from, or otherwise obtain content or services through, the Platform at your own discretion and risk.

We Care Online's liability

You understand that when using the Platform, you will be exposed to content from internet sites or sources outside the Platform and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us concerning the aforesaid, and, to the fullest extent permitted under the applicable law, agree to indemnify and hold harmless the Company, our contractors, vendors, and our/their respective directors, officers, members, employees and agents to the fullest extent allowed by law regarding all matters relating to your use of the Platform. Further, if we are in breach of these Terms and Conditions, we will only be responsible for any loss that you suffer as a result to the extent they are a foreseeable consequence to both we and you at the time you use the Platform. Our liability shall not, in any event, include business losses such as lost data, lost profits or business interruption, but shall not limit or affect our liability resulting from any products sold through the Platform being found to be unsafe or if something we do negligently causes death or personal injury.

Limitation of Liability

To the fullest extent permitted under the applicable law, in no event will the Company, our contractors, vendors, and our/their respective directors, officers, members, employees and agents be liable with respect to any subject matter of the Agreement (in particular, the Terms and Conditions) under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, punitive losses or expenses or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) for interruption of use or loss or corruption of data. We shall have no liability for any failure or delay due to matters beyond our reasonable control.

Advertising

Part of the Platform may contain advertising material. Advertisers are responsible for ensuring that material submitted for inclusion on the Platform complies with the relevant law. We will not be responsible to you for any error or inaccuracy in advertising material posted on the Platform.

General Representation and Warranty.

You represent and warrant that your use of the Platform will be in strict accordance with our privacy policy, the Agreement (in particular, these Terms and Conditions) and all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including.

Miscellaneous

The Agreement, including these Terms and Conditions, shall constitute the entire agreement between we and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting on the Platform and the App of a revised version. Except to the extent the applicable law, if any, provides otherwise, the Agreement, any access to or use of the Platform will be governed by the laws of Brunei, and the parties agree to submit to the non-exclusive jurisdiction of the Brunei courts. If any part of the Agreement is held invalid or unenforceable, it will be severed and the remaining portions will remain in full force and effect. A waiver by either party of any of these Terms or Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by the Agreement. We may assign our rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Invite Programme

Whilst the Invite Programme allows users to share a unique QR code or invitation url ("Invitation") of his/her We Care Online account to earn points when registering, purchases are made through the Invitation, users are strictly prohibited in uploading their invitation codes to third party promotional sites. Invitation codes can only be shared to friends and relatives or any connected entities, such as on social media platform or through a direct messaging network. Should invitation codes be found to be posted on the unauthorized channel(s), the corresponding We Care Online user accounts will be terminated without prior notice and all unused points in the We Care Online user accounts shall be cancelled, disregard of whether the invitation code is shared on the authorized channels intentionally or not. We Care Online reserves all the rights to claim damages and/or apply for other legal remedies should point earned through an unauthorized channel(s) are used for redemption of goods.

Discount Coupons

Discount coupons are applied according to their minimum purchase. These coupons are subject to decrease due to limit of number of coupons. There are expiry dates on each coupons. If exceeded, Platform is not liable for the loss as it is your responsibility to know the limitations of using the discount coupons.

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