Terms & Conditions
Introduction
Welcome to the noblegardem.shop website (the "Site"). These
terms and conditions ("Terms and Conditions") apply to the Site, HW
Global Escelente Sdn
Bhd (1507649-P), and all of its divisions, subsidiaries, affiliate operated Internet
sites and mobile applications which reference these Terms and Conditions. “HWGE” refers to HW Global Escelente
Sdn Bhd, a company
incorporated in Malaysia under registration number 1507649-P and having its registered address at 10 TKT SATU, KOMPLEKS PERNIAGAAN TAMAN
BISTARI, LEBUHRAYA SULTAN ABDUL HALIM, 05400 ALOR SETAR, KEDAH,
Malaysia.
By accessing the Site, you agree to be
bound by the agreement, as follows:
● You
agree that you have read and understood the terms of this Agreement,
● You
accept and agree to be bound by the terms of this Agreement, and
● You
accept and agree to abide by all laws and regulations applicable to the subject
matter of this Agreement.
The Site reserves the right to change,
modify, add, or remove portions of these Terms and Conditions of use at any
time. Changes will be effective when posted on the Site with no other notice
provided. Please check these Terms and Conditions regularly for updates. Your
continued use or access of this Site following the posting of changes to these
Terms and Conditions of use constitutes your acceptance of those changes.
1. Authority & Domestic Use
By
using our Site, you represent and agree that you are of legal age or older and
are competent to enter into the terms, conditions, representations and
warranties set forth in this Agreement. The Site is not intended or designed to
attract users below legal age. You agree that all product purchases made by you
from this website will be for your domestic, personal consumption, and will not
be resold or re-offered for sale or disposed of in any commercial manner.
You
agree that this Agreement covers only the products purchased through, and
transactions performed using the authorized and official website (“Website”)
and that the Company shall not be held responsible for product(s) and
transaction(s) purchased and performed on any other unauthorized platform or
portal.
2. Use of the Site
We grant you to use the
Site for the purpose of shopping for personal items sold on the Site. You are required
to establish an account on the Site in order to use certain features. You agree
to provide the most accurate, true, complete, and current information about
yourself as prompted by the Site. You also agree to promptly update such
information to maintain accurate, true, complete, and current information. If
any inaccurate, false, incomplete, or outdated information is found or we in
our sole discretion suspect that such information is inaccurate, false,
incomplete, or outdated, we reserve the right to suspend or terminate your
account and prohibit any and all current or future use of the Site or any
portion thereof by you.
During the registration
process, you will create a username and password. You are responsible for the
confidentiality of your account and password and are fully responsible for all
activities that occur under your account or password. You agree to immediately
notify us of any unauthorized use of your account or password or any other
security breach and to ensure that you exit from your account at the end of
each session. You agree to be responsible for all charges resulting from the
use of your account on the Site including charges resulting from unauthorized
use of your account. We are not liable for any loss or damage incurred resulting
from your failure to comply with this section.
We
reserve the right to terminate any account if your order is deemed fraudulent
or credit card charges are disputed. You agree that we may terminate or suspend
your access to all or part of the Site, with or without notice, for any conduct
that we, in our sole discretion, believe is in violation of any part of this
Agreement, laws or regulations or is harmful to another user or us or our
affiliates. Links to or access from any third party websites or resources is
not an endorsement of any information, product or service. We are not
responsible for the content or performance of any third party websites. Use of
any third party websites is at your own risk.
3. Products
This Site and the products
offered through this Site are not intended to provide diagnosis, treatment or
medical advice. Products, services, information and other content provided on
the Site, including information that may be provided directly or by linking to
third-party websites are provided for informational purposes only.
You
should always consult with your healthcare professional prior to using any
medication, nutritional, herbal or homeopathic product or before beginning any
exercise or diet program or starting any treatment for a health issue.
Individuals are different
and may react differently to different products. You should consult your
physician about interactions between any medications you are taking and
nutritional supplements. Always check the product label or packaging prior to
using any product. If there are discrepancies, customers should follow the
information provided on the product label or packaging.
4. Payment Method
As a Shopper, you may
purchase products offered by the Company through the Site and pay for your
purchases using the payment method offered by the Company through the Site and
using your password-protected account.
You
agree that an order will only be placed upon payment in full (including
shipping/freight charges) and that while the Company will take every reasonable
measure to protect sensitive information (such as your credit card number), we
cannot guarantee the security of any information transmitted or disclosed to us
online, and that you are responsible for monitoring and notifying the Company
and your credit card issuer in writing should you notice any unauthorized
transaction from our Website.
5.
Termination
If you wish to terminate
your online account, kindly write to us with the subject of “Termination”. We
will process your termination request in due course.
6.
Privacy
Policy
Your acceptance of the terms and conditions in this Agreement and your
continued usage of the Website automatically signify your agreement to be bound
by our Privacy Policy.
7.
Marketing
& Advertising Policy
You agree to only use company-produced websites and materials for marketing and
advertising purposes. You agree not to use our name, logos, trademarks or copy
in any websites, blogs, marketing materials made by you without explicit
permission from the company.
8.
Trademarks
and Copyrights
This Site is owned and
operated by HWGE. The Company reserves all rights on, and does not allow the
use of its trade names, trademarks, service names, service marks, product
names, product marks, URLs, website addresses, logo, designs, symbols or any
type of identifying information (except with prior written permission) by any
person or entities.
9. Proprietary Rights
The information, data, photographs, graphs, software, videos, text, typefaces,
graphics, designs, music, sound and other materials (collectively “Intellectual
Property”) are protected by copyrights, patents, trademarks, trade secrets or
other proprietary rights. These rights are valid and protected in all forms for
technologies existing now or hereafter developed.
You
are not allowed to remove or mirror any material contained on the Site on any
other server(s). You agree that you shall not modify, delete, augment, remove,
add to, publish, transmit, participate in the transfer or sale of, create
derivative works from, distribute, perform, display or in any way exploit any
of the Intellectual Property, in whole or in part.
10. Modification and Revision
The terms of use contained in this Agreement and Privilege Shopper Program may
change periodically and may be revised at any time and from time to time at our
sole discretion by updating this posting. You are advised to visit this page
from time to time to review the current terms of use because they are binding.
Your continued use of the Site means that you accept any changes or
modifications to this Agreement. If any modification is unacceptable to you,
your only recourse is to terminate this Agreement.
11. Disclaimer of Warranties
Privilege
Shoppers and visitors to the Site and other third party websites linked to its
site shall visit or use these sites solely at their own risk. The Company does
not warrant that the service provided will be accessible at all times, uninterrupted
or error-free. There may be delays, omissions, interruptions and inaccuracies
in the contents, dissemination of news, information and other materials. The
Company shall not be responsible for either the availability or the contents of
other third party websites that may be linked to it.
Although
we will take reasonable steps to prevent viruses and other destructive elements
to our Site, it does not guarantee or warrant that the site is free from any
destructive elements including but not limited to computer viruses, hackers, or
other technical sabotage. The Company also does not warrant that any contents
downloaded from its site and other third party sites linked to it will be
error-free.
The
Company shall not be responsible and/or liable for any damage that may be
caused to your computer attributable to such downloads from its site or third
party sites linked to it.
PLEASE
NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE
INFORMATION, MATERIALS AND SERVICES CONTAINED IN ALL OUR SITES, INCLUDING BUT
NOT LIMITED TO GRAPHICS, LINKS AND OTHER ITEMS, ARE BEING PROVIDED TO YOU ON
THE BASIS OF “AS IS AND WHERE IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR
GUARANTEE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, OR
COMPLETENESS OF THE INFORMATION OR MATERIALS, AND EXPRESSLY DISCLAIM LIABILITY
FOR ERRORS AND/OR OMISSIONS IN THE INFORMATION AND MATERIALS. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE.
12. LIMITATION OF LIABILITY
In
no event shall the company be liable for any damages, including without
limitation direct or indirect, special, incidental, compensatory, exemplary, or
consequential damages, losses or expenses, including without limitation lost or
misdirected orders, lost profits, lost registration, lost goodwill, or lost or
stolen programs or other data, however caused and under any theory of liability
arising out of or in connection with (1) use of the company’s sites, or the
inability to use such sites by any party; or (2) any failure of performance,
error, omission, interruption, defect, delayed operation or transmission; or
(3) line or system failure or the introduction of a virus, or other technical
sabotage, even if the company, its employees or representatives thereof, are
advised of the possibility or likelihood of such damages, losses or expenses.
Shoppers
hereby acknowledge that the aforesaid Disclaimer shall apply to all web
content, merchandise and programs available at this site.
Where
certain jurisdictions do not allow the exclusion or limitation of such
liability, the liability, if any, in such jurisdictions, shall be excluded or
limited to the extent permitted by law.
In
the event of any conflict between the English and other language versions, the
English version shall prevail.