Terms & Conditions
GENERAL
These terms of use & service (“TOS”) describe the legally binding terms and conditions that govern your use of our ShuangYan’s website (“Site”) and related services (“Agreement”). Please read the TOS carefully before placing any orders on www.shuangyanbirdnest.com.my. We recommend you should keep a copy of the TOS for future reference.
ShuangYan Bird’s Nest is a trading name of SYYW BIRD NEST, a partnership incorporated in Malaysia under registration number 202103033534. Our registered address is at 46, Jalan Kenanga, SD 9/8, Bandar Sri Damansara, 52200, Kuala Lumpur.
BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT WITH THESE TOS, and you represent that you have the authority and capacity to enter into this Agreement. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE AND RELATED SERVICES. IF YOU DISAGREE WITH ANY OF THE PROVISIONS OF THE TOS, DO NOT LOG INTO AND/OR USE THE SITE AND RELATED SERVICES.
We may from time to time make changes to these TOS without prior notice and your use of the Site and related services following any such changes shall constitute your acceptance of and agreement to be bound by these TOS as changed. If you do not agree to any of the TOS, please exit and refrain from using this Site and related services.
INTELLECTUAL PROPERTY RIGHTS
We only authorize you to view and download materials at this Site in the course of your accessing the same for your personal purposes. The contents of the Site, including but not limited to all text, graphics, names, logos, and trademarks (‘Content’), are owned by, or duly licensed to us.
The modification, revision, transmission, reproduction, copying, recording, and scanning of the Content for any purpose, in any form and by any devices other than as expressly authorised by us, whether by a notice published on the Site or otherwise given by us in writing, is strictly prohibited. Without limiting the foregoing, nothing contained herein should be construed as granting any license or right to use any trademark displayed on the Site without the express written permission of the trademarks’ relevant owners.
PERSONAL DATA
Except where otherwise specifically stated, all personal information provided by you when using the Site shall be dealt with in accordance with the Privacy Policy. You are solely responsible for the information you provide in using the Site, and you agree only to provide us with information that is accurate and up to date.
Please refer to our Privacy Policy for information about how we use your data.
THIRD-PARTY SITES
The Site may contain one or more links that connect to external websites operated by third parties (‘Third-Party Sites’). Certain Third-Party Sites may also provide links to the Site. We do not control and is not responsible or liable for the content of any Third-Party Sites. Access to any Third-Party Sites is at your own risk and we shall have no liability to you arising out of your use of, or reliance on, any information published on such Third-Party Sites. Personal data or information that you provide at those sites is provided at your own risk for which we disclaim all responsibility and liability.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of ShuangYan, and we shall not be liable for any representation, act, or omission on your part.
LIMITATION OF LIABILITY
Your use of the Site is at your own risk. While we will exercise all reasonable efforts to ensure that information on the Site is reliable, by using the Site you accept that all information, products and services provided herein are provided on an ‘AS IT IS’ basis. We give no warranties, express or implied, regarding the accuracy, completeness, reliability, operability, or legality of any information contained on the Site, or of any products or services provided through the Site, including without limitation (as far as permitted by applicable laws) warranties as to merchantability, fitness for a particular purpose and non-infringement of third-party rights. We also do not give any warranties or make any representations that the Site will be uninterrupted, error-free, or virus-free.
The Site contains information and material about us and our products. We do not directly or indirectly give medical advice or recommendations and nothing on the Site is intended to constitute medical advice or recommendations. You accept that any advice given to you by us in response to your health questions is given from a nutritional perspective, and not from a medical perspective, and that in inviting you to ask questions to us, we are not offering you any medical, diagnosis or treatment related advice. You further accept that any nutritional advice/suggestion is given on a general and non-personalised basis only.
PLEASE CONSULT YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL, IF YOU REQUIRE MEDICAL ADVICE OR RECOMMENDATIONS, OR IF YOU ARE NOT SURE WHETHER THE PRODUCTS DISCUSSED AND/OR OFFERED THROUGH THE SITE ARE SUITABLE FOR YOU.
To the extent permitted by applicable laws, we will not be liable to you, and you hereby hold us harmless against any liability, whether in contract, tort, or negligence otherwise, for any direct, indirect, special, consequential or punitive losses arising (or alleged to have arisen) as a result of or in connection with your use of or reliance on the Site or any other sites, which may be linked to the Site. The foregoing limitation of liability and indemnity shall not apply to personal injury or death caused by negligence, or to any fraudulent misrepresentations.
If we allocate you a ‘USERNAME’ and/or ‘PASSWORD’ to access the Site or certain parts of the Site, such ‘USERNAME’ and/or ‘PASSWORD’ are confidential and personal to you. ‘USERNAME’ and ‘PASSWORD’ to be given to you are our properties. You shall not disclose your ‘USERNAME’ or ‘PASSWORD’ to any other person and you shall be solely responsible for the use of your ‘USERNAME’ and/or ‘PASSWORD’ by any other person with or without your knowledge or consent. You shall notify us if for any reason you believe that the security of your ‘USERNAME’ and/or ‘PASSWORD’ have been compromised in any way. We may terminate your account, and/or otherwise deny or restrict your access to the Site, at any time without notice for any reason. Though we intend to offer account services for a long time, we reserve the absolute right to modify or terminate any member service if the competitive business environment makes that membership service or discount infeasible.
Although we always try our best to ensure punctual delivery for our customers, we cannot be held responsible if a delivery is late due to unavailability of the delivery service that we use or anything else outside of our control.
You agree not to post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable Malaysian laws. We reserve the right to delete any objectionable materials at our absolute discretion. You agree to indemnify and hold us harmless against any damage or loss, whether actual, incidental, or consequential, incurred as a result of your violation of any applicable Malaysian law.
Whilst every effort is made to make sure details on our Site are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Laws and Regulations of Malaysia and the Parties submit to the non-exclusive jurisdiction of the courts of Malaysia.
NO WAIVER
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
FORCE MAJEURE
We shall not be liable for any failure to accept or deliver any of the orders/deliveries arising out of compliance with any law, ordinance, regulation, ruling, order or any other governmental action or arising out of pandemic, acts of God, fire, flood, war, sabotage, accidents, labour disputes, shortages or failure to supply materials or equipment, interruption of or delay in transportation, or any other similar circumstance beyond our control.
SHIPPING AND DELIVERY POLICY
Klang Valley:
Delivery Time: Next Day (except for Sundays and Public Holidays, unless stated otherwise).
Other States (West Malaysia):
Delivery Time: 1 - 3 working days
** To ensure the freshness of our Bird’s Nest, any orders placed after 7pm will be processed next day.
** For outstation delivery, please expect 2-3 working days).
Contact Information
Email Address: info@shuangyanbirdnest.com.my