Please read these terms & conditions of the user agreement (“Terms”) carefully.These Terms constitute a legally binding agreement between you (“you” or “your”) and Realax Dental Production Sdn. Bhd. (Company No: 202301011504 (1505426-U)), a company incorporated under the laws of Malaysia, and its subsidiaries, affiliates and related corporations (“Company”, “we”, “us” or “our”). By accessing or using the Website (defined below) or any part of it, you accept and agree to be bound by the Terms and the Privacy & Data Protection Policy (accessible at: https://www.realaxdental.com). Please read the Privacy & Data Protection Policy to find out how we collect, use, disclose, process and protect your personal data, in accordance with the Personal Data Protection Act 2010 (Act 709) of Malaysia.
If you do not agree to these Terms, you should stop accessing or using the Website immediately.
In these Terms, “Services” includes any services provided by or through:
the websites owned and operated by the Company, including realaxdental.com (the “Website”);
any official social media channels created by us on any social media platforms (including but not limited to Facebook, Instagram,XHS and WhatsApp) (the “Channels”);
all other applications, services and/or products provided, operated and owned by the Company, that are presently offered, or to be offered in the future;
any information, materials, software, products, services and content provided by the Company or otherwise available through the Website and/or Channels (including any linked information);
artwork, photos, video and audio content on the Website and Channels; and
all updates to the aforementioned items.
The Company reserves the right to change, modify, add or remove any of terms contained in these Terms, at any time, for any reason. You acknowledge that by continuing to access or use our Services after we have posted changes to these Terms, you are expressly agreeing to such modified terms. If you do not agree to such revised Terms, you must stop accessing or using the Services immediately.
Eligibility to Use & Access Website
By accessing or using the Services, you represent and warrant that:
you are not prohibited by the laws of your country you reside in from accessing or using the Services, in accordance with these Terms; and
you are not a minor, i.e., you are at least 18 years of age, or the age that the law in the country you reside in requires for you to legally access or use the Services, whichever is higher.
If registering on behalf of a minor, you must be authorized to act on behalf of such person and you must be a parent or legal guardian of the minor). You also accept these Terms and agree to take responsibility for (i) the minor’s actions; (ii) any charges associated with the minor’s use of any of the Services; and (iii) your acceptance and compliance with these Terms.
You may only use the Services in accordance with these Terms. You shall not directly, or indirectly (by assisting or encouraging any other party):
breach any applicable laws or regulations;
Permitted Purpose
You may only use the Services in accordance with these Terms. You shall not directly, or indirectly (by assisting or encouraging any other party):
breach any applicable laws or regulations;
breach these Terms;
copy, frame or mirror any parts of the Services;
sell, rent or lease the Services or otherwise transfer or assign the right to use the Services, or pledge, grant a security interest in, lien on or encumber the Services;
use the Services to process, store or handle any information not owned by you or provided to you without express authorisation for such use or access;
access the Services with any automated application, platform or programme other than through those owned or operated by the Company;
directly or indirectly copy, translate, adapt, modify, alter, decompile, disassemble, or otherwise reverse engineer or create any derivative work of the Services, merge the Services or any part thereof with any other application or change Services in whole or in part;
alter or remove any copyright or other intellectual property marks or notifications applied to the Services;
engage in denial of service attack or similar conduct against the Services;
engage in scraping, spidering, crawling or using other technology or software to access or collect data without the Company’s written consent
make any use of the Services for the posting, sending or delivering of any of the following: (i) unsolicited email and/or advertisement or promotion of goods and services; (ii) malicious software or code; (iii) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (iv) any content that infringes a third-party right or intellectual property; (v) any content that may cause damage to a third party; and/or (vi) any content which may constitute, cause or encourage a criminal action or violate any applicable law; and/or
use the Services for any illegal, offensive, immoral or unethical purpose.
This Website is intended for users located in Malaysia. If you are a non-Malaysia user of the Website and Channels, using the Services and/or providing us with any User Content, you agree to comply with all applicable laws governing the Website and Channels, online conduct and acceptable User Content. You further consent and agree to comply with all applicable laws regarding the transmission of data exported from Malaysia or the country in which you reside.
Medical Disclaimer
All information, data and materials provided through or in the Services, including information relating to dental, medical and health conditions, products and treatments, are provided for informational purposes only, and do not constitute medical advice, recommendations or warranties of any kind. The information provided should not be considered complete as it is not exhaustive and does not cover all ailments, physical conditions or treatment. The information provided is not a substitute for the advice of an appropriate medical professional, or any information contained on or in any product packaging or labels.
We assume no liability for any advice, consultation, or services furnished by such dental, medical and health professionals, in reliance of your use of the Services.
Your reliance on any information provided by us or otherwise appearing through your use of the Services provided is done so solely at your own risk. Should you have any dental, medical or health-related queries, please see your dentist, doctor or health professional promptly. You should not disregard any dental or medical advice or delay seeking any dental or medical advice because of any information provided by us through the Services, and you should not use the Services for diagnosing or treating a dental, medical or health problem, or prescribing medication. The use of the Services or communication between you and us, does not constitute or create a dentist-patient, doctor-patient relationship or other fiduciary relationship between you and us.
User Account
In order to access and use some of the Services (e.g. where you are a patient: to check your access, view and manage your Realax Whitening Strips payment details and other details), you (“User”) may be required to create an account with the Company (“User Account”). You agree to: (a) provide accurate, current and complete information when creating or updating the User Account; (b) maintain and promptly update the User Account information; (c) maintain the security and confidentiality of your login credentials and restrict access to your User Account and your computer; (d) promptly notify the Company if you discover or otherwise suspect any security breaches related to the Services; and (e) take responsibility for all activities that occur under your User Account and accept all risks of unauthorised access.
Account security: As part of your User Account or through the use of the Services, you may receive a username and password (or other means of authentication or by which you can control access to the data, information and services provided by the Company) (“Access Code”). You shall be solely responsible for maintaining the confidentiality of the Access Code and security of your User Account and such devices on which the Services are accessed. Accordingly, you shall be solely and completely responsible for any and all acts or omissions that occur using the Access Code or through your User Account, whether lawful or unlawful. You must inform the Company immediately of any unauthorised use of your Access Code, User Account or any other breach of security. You further agree to accept all risks of unauthorised access to your User Account, data or any other information or content you provide to the Company.
Term; Termination & Suspension:
The Company reserves the right, without prior notice, and at its sole discretion, to terminate or suspend your right to access or use the Services, and to block any future access or use of the Services by you, including but not limited to situations where it is determined that there is unauthorised use / access of the Services, or the Services are used / accessed in a manner that violates the laws of the applicable jurisdiction; threatens the security or otherwise harms the Company, personnel of Company, or other users and third parties; the User fails to pay any fees related to the Services when due and payable to the Company; the User breaches any of these Terms; and/or the User uses the Services for any other purpose than the permitted purpose set out above. For the avoidance of doubt, in the event of termination or suspension of a User Account, the Company shall not be under any obligation to provide the User with: (i) a date for the conclusion of any investigations; and/or (ii) any assurances on when the suspension will be lifted. Upon termination, your User Account will be cancelled immediately, and you will not be able to access your User Account or the Services. All content and information relating to your User Account or provided through the Services may also be immediately destroyed or deleted by the Company.
In addition, if you have breached any provision of these Terms, you agree that we may apply for injunctive relief and/or take any other action against you that we deem necessary.
The following provisions of these Terms shall survive the termination of the User Account: paragraph 7 (Ownership of Intellectual Property Rights); this paragraph 4; paragraph 8 (Personal Data); paragraph 11 (Warranty Disclaimer); paragraph 12 (Limitation of Liability); paragraph 13 (Indemnification); and paragraph 17 (Waiver). These paragraphs shall survive the termination of these Terms to the maximum extent permitted by law.
We reserve the right to view, monitor, and record your activity with regard to our Services, Website, and/or Channels without notice to or further permission from you, to the fullest extent permitted by, or as required by applicable law. Any information obtained by monitoring, reviewing, or recording is also subject to review by governmental or law enforcement organisations in connection with the investigation or prosecution of possible criminal activity on any of our websites, apps or platforms. We will also comply with all applicable laws and court orders that require us to provide such information.
User Content
You affirm, represent and warrant that you own or have the necessary licences, rights, consents and permissions to publish all information, data, text, sound, photographs, graphics, video, messages, posts, tags, software or other material you make available in connection with the Services (the “User Content”) that you submit, whether posted publicly posted, privately transmitted or submitted through a third party.
You grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content you post or in connection with the Services. Our right to use your User Content survives the deletion or suspension of your User Account.
You are wholly responsible for all User Content that you post, upload, email, transmit or otherwise make available via the Services. The Company may, but has no obligation to monitor the User Content posted to the Services. The Company may at any time and for any reason screen, monitor, review, refuse or remove any User Content that violates these Terms or is otherwise offensive or objectionable. You understand that you may be exposed to User Content that is offensive, indecent or objectionable by using the Services and the Company is in no way liable for any loss or damage resulting from the use of User Content made available through the Services.
The Company does not endorse any User Content posted or provided by Users, and any User Content provided by you is subject to prevailing laws and regulations including those relating to subject matter that seeks to prevent hate speech, content which is obscene, pornographic or indecent, or generally for the protection of the public.
Your use and access to the Services is conditional on your compliance with our community guidelines, with respect to User Content that you post and/or communicate and when you otherwise use the Services, whereby you agree that your posts and/or communications via the Services shall not involve: (i) porn or sexually explicit or obscene materials; (ii) hate speech, bigotry, or discrimination; (iii) anything which may be considered endangering the welfare of a minor or an individual at risk, or promoting behaviour that could place such individuals at risk; (iv) spam, spamming or anything that comprises bulk or mass marketing communications; and (v) anything false, misleading, fraudulent or deceptive.
Feedback: You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Company and/or the Services (collectively, the “Feedback”) that are provided by you, whether by email, posting to the Website, Channels or otherwise, are non-confidential and will become the property of the Company. The Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Payments
Upon registering for a User Account, you will be permitted to use the Services that are designated as free, from time-to-time. Further access to other Services may be subject to your payment of a fee and other terms provided by the Company, as specified, when making such payments or subscriptions. The prices and features depend on the product you choose. You agree to pay all such fees or charges incurred in connection with your User Account from time to time. The Company reserves the right to increase the fees or introduce any new fees at any time, with reasonable notice by an amendment to these Terms.
Payment Terms: The relevant fees billed are non-refundable and are exclusive of all applicable taxes, levies or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies, or duties (“Taxes”).
Unless otherwise specified:
all fees or charges shall be payable in advance on a monthly or annual basis;
you shall be liable for the applicable Taxes;
any changes to subscription or membership plans will take effect at the next billing cycle; and
your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the prevailing subscription rate, via the payment method you had initially selected.
Refund Policy: If you have deemed any of the Services unsatisfactory, a written explanation through your Feedback is needed before we may, at our sole discretion, consider a refund. Each case will be assessed on a case-by-case basis.
Replacement Policy: If you have deemed any of the product defect, a written explanation through your Feedback is needed before we may, at our sole discretion, consider a replacement. Each case will be assessed on a case-by-case basis.
If you provide us with your payment information, you consent and authorise us (and the relevant third-party service providers, payment card networks and payment processers) to receive, store and encrypt your payment information.
Notwithstanding any of these Terms, the Company reserves the right, without prior notice, and at its sole discretion, to terminate or suspend your right to access or use the Services, and to block any future access or use of the Services by you, in accordance with paragraph 4.3 (Term; Termination & Suspension) above.
Ownership of Intellectual Property Rights
As a user of the Services, the Company grants to you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable, worldwide licence to use, install, access, operate, run and execute the Services through the User Account for your personal use only, and not for commercial use, resale or for and on behalf of any other person or organisation, subject to these Terms.
You acknowledge and agree that the Services and all associated intellectual property rights are owned by Company (or its licensor, where applicable) and are protected by applicable copyright laws.
Except as expressly stated in these Terms, the Company grants you no other right or license, express or implied, to the Services, including without limitation, any right to use, copy, publish, display, compile, transmit, broadcast or otherwise exploit the Services. No proprietary rights are intended to be transferred or conferred by these Terms.
The Company reserves all rights, including intellectual property rights, to and in the Services, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights, developed or in existence and in all forms of media throughout the world for the Company’s use and disposition at its sole discretion without any obligation to you. You are not authorised to use the names ‘Realax’, ‘Realax Whitening Strips’, or any other trademarks owned or controlled by the Company in any manner whatsoever, regardless of whether they are registered, without the prior written approval from the Company.
Personal Data
All personal data provided by and/or collected from you by the Company will be treated as confidential information, in accordance with the Company’s Privacy & Data Protection Policy.
Third Party Links
There may be hyperlinks to properties, sites or products operated by third parties on the Website. Access to any third-party site is at your own risk and you acknowledge that you are contracting directly with such third party and not the Company. Such links are provided for convenience and the inclusion of such links does not imply an endorsement or guarantee of the products or services of the third parties. You are not obligated to interact or use any third party products or services that appear on the Website.
The Company is not responsible for the reliability of such third-party products or services nor is the Company responsible for any third-party information or other materials. The Company shall not be liable for any loss or damage incurred by you resulting from your dealings with third parties, through the Website or otherwise.
You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that the Company is not in any way responsible for any such use by you.
You are granted a limited, non-exclusive right to create a hyperlink to the Channels and/or Website, provided that such hyperlink does not portray the Company or any part of the Channels and/or Website in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time, at the sole discretion of the Company.
Assumption of Risk
While we have endeavored to create secure and reliable websites, apps and platforms, please be advised that the confidentiality of any communication or material transmitted to/from in the course of your access and/or use of the Services cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted via the Internet. We shall have no liability for interruptions or omissions in internet, network or hosting services. You assume the sole and complete risk of using the Services.
Warranty Disclaimer
Information provided on the Website and Channels are for informational purposes only, and are not exhaustive. The information are provided on an ‘as is’ and ‘as available’ basis by the Company, without any express or implied warranty. The Company provides no guarantee as to the performance or the uninterrupted, or secure availability of the Services. The Company disclaims all warranties, express or implied, relating to the Services including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the site and the information, content and materials contained therein. The Company does not represent or warrant that the information are accurate, complete, reliable, current or error-free. Further, the Company does not warrant that any errors in the information will be corrected. While the Company attempts to make your access and use of the Services safe, the Company cannot and does not represent or warrant that the Website or its server(s) are free of defects, viruses, malware or other harmful components. The Company shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Services, in any manner.
We make no representation or warranty that any materials made available to you as a part of the Services are appropriate or available for use in any particular locations, and access to them from territories where any of the contents of our Services are illegal is prohibited. If you choose to access our Services from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws, rules and regulations. We may limit availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. You agree and acknowledge that no oral or written information or advice given by us or any of our employees, representatives or agents in respect to our websites, apps or platforms shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms by a written agreement.
Any information provided under the Services is qualified entirely by reference to the original source of the information and you should refer to such original source for qualifications and reference, and no such statement or information shall constitute or amount to professional opinion or advice from a medical, dental or health professional, or otherwise constitute legal, business or tax opinion or advice. While we obtain information from the sources we believe to be reliable, we do not perform an audit and undertake no duty of due diligence or independent verification or validation of any information we use. We cannot guarantee and do not make any warranty, express or implied, as to the accuracy, adequacy or correctness of and assume no liability or responsibility for any information we use as a source for the Services. We cannot and do not take responsibility for the veracity, reliability or completeness of any Services or information otherwise available on our Websites or Channels. We assume no obligation to update any information following provision of the Services. We neither endorse nor are responsible for any opinion, advice, information or statement made or displayed on our websites, apps or platforms by third parties.
You have sole responsibility for ensuring the adequate protection and backup of data and/or equipment used in connection with the application or the Services and you will not make a claim against the Company for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the Website or Services.
The Company expressly disclaims all and any liability arising out of, related to or in connection with any of the following:
internet or connectivity interruptions or delays;
your or any third party’s data, equipment, network, servers, applications, properties, cabling, systems, facilities or devices;
scheduled maintenance or other modification to the Services;
any act or omission by you or any third party;
use of the Services which is not permitted hereunder;
modifications to the Services by any person or entity, other than the Company; and/or
force majeure.
Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by Acts of Good, government restrictions, acts of terrorism, natural catastrophes, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected and occurring, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will accordingly be extended for a period of time equal to the time lost due to any delay so caused.
Without limiting the generality of the foregoing, you acknowledge and agree that the Services will, from time to time, be subject to interruptions, delays and lag time arising from maintenance, servicing, user activity, user access, connectivity or otherwise and the Company disclaims all liability arising therefrom.
The Company reserves the right to change any and all content contained in the Services at any time, without providing prior notice to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation of Liability
In no event will the Company, its directors, employees and agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Services, the materials or content of, or the materials contained in or accessed through the Services, including without limitation any damages caused by or resulting from your reliance on any information obtained from the Company, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from Acts of God, communications failure, theft, destruction or unauthorised access to the Company’s records, programmes or Services.
In no event will the aggregate liability of the Company, officers, agents, representatives, employees, partners and licensors whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or otherwise arising out of or relating to the use of or inability to use the Services exceed any compensation you pay, if any, to the Company for access to or use of the Services.
Indemnification
You agree to indemnify, defend and hold the Company and its affiliates, and its officers, agents, representatives, employees, partners and licensors, harmless from all claims from third parties, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses suffered by or incurred by the Company and its affiliates and their officers, agents, representatives, employees, partners and licensors arising from or related to any of the following:
breach or violation by you of these Terms or any applicable law;
your gross negligence or wilful misconduct;
any liability arising from any information or data provided by you to the Company or the User Content thereof (including claims of infringement, ownership, libel, defamation, obscenity); and
use of the Services and Access Code by you or others to whom you provided access.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which case you agree to cooperate with the Company in asserting any available defense.
Severability
If any provision of these Terms is declared to be unenforceable, the remainder of these Terms will continue in full force and effect, and the unenforceable provision will be deemed modified to the extent necessary to comply with the applicable requirements of law, while retaining to the maximum extent permitted by law its intended effect, scope and economic effect.
Captions Used
The captions and section headings in these Terms are for convenience of reference only, and do not limit or otherwise affect the meaning or interpretation of any provision thereof.
Assignment
These Terms and any of your rights or obligations may not be transferred or assigned by you without the Company’s express prior written consent. The Company is entitled to and reserves all rights to assign or novate these Terms, at any time and shall give you subsequent notice of such assignment or novation.
Waiver
No action of either party, other than express written waiver, may be construed as a waiver of any provision of this these Terms. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.
Entire Agreement & Precedence
The terms of the Privacy & Data Protection Policy (accessible at: https://www.realaxdental.com) are incorporated herein by reference, to these Terms in its entirety.
In the event of any conflict or inconsistency, the following shall establish the order of precedence and priority (with governing precedence listed first and interpreted to afford most favourable protection to the Company): these Terms, and the Privacy & Data Protection Policy.
These Terms constitute the entire agreement between you and the Company pertaining to its subject matter and supersedes all other agreements, communications, understandings, negotiations, and discussions, whether oral or written, or course of dealings between us. If, through accessing or using the Service, you utilise or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Term shall not affect your legal relationship with such third party.
Governing Law & Jurisdiction
These Terms shall be governed by, construed under and enforced in accordance with the laws of Malaysia, without regard to any conflict of law provisions. The parties shall use best efforts to settle any dispute, claim, disagreement, question or issue directly through good-faith negotiations, which shall be a precondition to either party commencing any legal action. Any action in connection with, relating to or arising from this agreement shall be finally resolved by arbitration administered by the Asian International Arbitration Centre ("AIAC") in accordance with the Arbitration Act 2005 ("Arbitration Act ") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one (1) arbitrator to be appointed in accordance with the Arbitration Act. All arbitration proceedings shall be in the English language. The seat of arbitration shall be Malaysia. The decision of the arbitrator shall be final and binding.
Notices, Support & Questions
Any notice, request, consent or approval required or permitted to be given under these Terms or pursuant to law shall be sufficient if in writing, and in your case, when sent by email and/or registered mail to the relevant address provided by you, and in the case of the Company, to the addresses as set out below:
Email address: realaxcustomer.relations@gmail.com
Address : 9-7, Infinity Tower, Jalan SS6/3, Kelana Jaya, 47301 Petaling Jaya, Selangor.
