PLEASE READ THESE TERMS CAREFULLY. BY VISITING OUR WEBSITE OR MOBILE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. PLEASE LEAVE OUR WEBSITE OR UNINSTALL OUR MOBILE APP IMMEDIATELY IF YOU DO NOT AGREE TO THESE TERMS.

Welcome to www.healthpharmacy.my or HH2U App. This is an internet based platform and/or mobile application owned and operated by Health & Health Pharmacy Sdn. Bhd. (Company registration No. 1414442-T ), a company duly incorporated under the provisions of the Companies Act 2016.
HH2U reserves the right to change or modify these terms and conditions or any policy or guideline of the mobile app and/or website including the Data Protection Notice, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revised version on the mobile app and/or website and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the mobile app and/or website will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these terms and conditions and applicable policies to understand the terms and conditions that apply to your use of the mobile app and/or website.

TERMS OF USE, PROHIBITIONS AND INTELLECTUAL PROPERTY
1. In order to use our platform, you must be at least 18 years of age and you are required to create a user account and agree to the terms and conditions contained in our End User Agreement. Please read the terms and conditions in our End User Agreement before creating your user account. You will not be able to place any order or subscribe to any of our Services on our mobile app and/or website without first creating a user account.

2. You must not misuse our Platform. You shall not use any automated systems or software to extract data from this Platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision would constitute an offence under Section 233 of the Communications and Multimedia Act 1998. In the event such breach occurs, HH2U will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.

3. You shall not, whether by yourself and/or through and/or by way of enabling your
agents, employees, directors, shareholders, partners, representatives, affiliates and/or any other third party, reverse engineer, decompile, decode, decrypt, derive, alter, modify, amend, tamper, hack and/or create derivative works out of the mobile app and/or website, their source codes, their electronic or digital rights management components, their layouts and/or any components of the mobile app and/or website whether in whole or in part or in any combination whatsoever thereof.

4. You acknowledge and agree that the platform, mobile app and website contains proprietary and confidential information, material, content and intellectual property belonging to us including, but not so limited to, pricing information, copyrights, designs, databases, confidential information, layouts, patents, trademarks, badges of trade, source codes, compilations, annotations, lists, data, images, and all other forms of proprietary material (hereinafter collectively referred to as the “Intellectual Property”).

5. Unless otherwise expressly stated herein, you shall not have any rights, license, consent, authorisation nor permission from us to use, copy, reproduce, make reference to, store, circulate, distribute, sell or resell, offer for sale or resale, export or re-export, import or re-import, make publicly available, alter, amend, tamper, hack, modify or otherwise exploit and/or deal with the Intellectual Property.

CREATING AN ACCOUNT
REGISTRATION
To place an Order, you must register with us by creating an Account on the Platform. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Platform. Kindly refer to our Data Protection Notice for information relating to the use of your personal details.
You shall not misuse the Platform by creating multiple user accounts.

FORMATION OF A CONTRACT
The information set out in the Terms and Conditions and the details contained on this Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any

Products shall exist between you and us until we have shipped the Products to your address.

To submit an Order, you will be required to follow the online shopping process on the Platform. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.

An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.

A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.

PRICE AND PAYMENT
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Platform are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of 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 you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.

Where applicable, prices are inclusive of GST and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.

We are under no obligation to fulfil your Order if the price listed on the Platform is incorrect (even after your Order has been acknowledged by us).

You can pay using any of our payment partners listed on our Platform or use the cash on delivery payment method. Similarly, you can pay all or part of the price of your Order using cash-back voucher, store credit or a promotional voucher.

Cash-back, Store credit and promotional vouchers must be entered at the check-out page online only. Physical presentation of vouchers to HH2U Pharmacy outlet is only acceptable at outlet issue printed on Voucher.

To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.

Upon authorisation of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the promotional or cash-back voucher, and have sufficient funds or credit facilities to cover the cost of the Product.

All prices listed on the mobile app and/or website of the pharmaceutical product and the Services is the price of listing at that given time. We reserve the right to change and amend these prices at any time. All prices are further subject to all other applicable taxes and delivery charges. In the event that any listed price is not current, we will contact you to inform you about the price difference and you can choose to either confirm or cancel the affected order.

MISTAKEN ORDERS
If you discover that you have made a mistake with your Order after you have submitted it to the Platform, please contact [email protected] immediately. We will try our best to process your request.

REFUSAL OF ORDER
We reserve the right to withdraw any Products from this Platform at any time and/or remove or edit any materials or content on this Platform. We will make our best efforts to always process all
Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.

We will not be liable to you or any other third party by reason of our withdrawing any Product from this Platform, whether it has been sold or not, removing or editing any materials or contents on this Platform or for refusing to process or accept an Order.

DELIVERY
We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).

We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

Upon delivery of the Product, you may be required to sign for delivery. You may contact HH2U Customer Service Team at HH2U Customer Service via chat or [email protected]

Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

We deliver in our standard packaging.
If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.

If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product to you) accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for any fee and other costs reasonably incurred by us; or
(b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees.

You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.

Waivers or discounts off your shipping fee may apply if your net order value after returns and cancellations is above the threshold(s) set out in the Shipping & delivery Policy.

The value of your order shown at check-out on our Platform which is charged to you shall be the value that prevails for HH2U determination of your eligibility for either a waiver or a discount off the shipping fee applicable to your order.

CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)
If you wish to cancel your Order, please contact our Customer Service Team via chat or [email protected]. No cancellation fees shall be applicable. Once an Order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the Customer Service Team (Please contact the above stated number or refer to your return-slip provided in your received parcel).

VOUCHERS
You may use promotional vouchers and cash-back voucher while making payment for Products on the Platform. Specific details for promotional vouchers and cash-back are listed below.
To redeem vouchers in your Account or check an existing credit, please visit “My User Account” on the Platform. We accept no liability for errors in the email address of the voucher recipient.

Promotional vouchers must be entered at the check-out page online only. Physical presentation of vouchers to HH2U Pharmacy can be accepted but only at voucher issue outlet stated in Voucher.
In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a cash-back voucher or redemption of that voucher on the Platform, we are entitled to close your Account and/or require a different means of payment.

We assume no liability for the loss, theft or illegibility of cash-back or promotional vouchers.
In rare cases, HH2Umay at its sole discretion discontinue or cancel any voucher previously issued and will not be responsible for any losses arising therefrom.

CONDITION FOR REDEMPTION OF PROMOTIONAL VOUCHER, REWARD POINTS OR CASH-BACK VOUCHER
From time to time you earn reward points on shopping and sometime cash-back in your Ewallet that may be used only on the Platform or at Walk in Outlet. You login to your member area & check your Ewallet for reward Points & Cash-back. Please refer to Cash-back if you need to know more.

Reward Points is rewarded every time you shop at our Pharmacy outlet and cash-back are valid for the specified period stated on our website. Cash-back can only be redeemed at specific date as we will inform you by SMS or whatsApp. It can be used in conjunction with other promotional vouchers and discounted items. We may exclude certain items from voucher promotions in accordance with our sales strategies. The current list of exclusions can be found at: www.healthandhealthpharmacy.com

You may redeem only ONE voucher per promotional campaign. HH2U reserves to the right to cancel any subsequent orders made by you using a voucher of the same promotional campaign.
If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.

The credit of a promotional or cash-back voucher does not accrue interest, nor does it have a cash value.
If the credit of a promotional voucher is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.
For more details usage of vouchers terms and conditions please refer to http://www.healthandhealthpharmacy/voucher-terms-of-use/

DISCLAIMER OF LIABILITY
The content displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, HH2U Pharmacy and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Nothing in these Terms and Conditions shall exclude or limit HH2U Pharmacy’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

WAIVERS AND INDEMNITIES
In the event that your downloading, installation, use, updating and/or restoring of the platform, mobile app, website and/or third party software infringes any third party rights, you agree to indemnify, defend, hold harmless HH2U pharmacy, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Platform or your breach of the Terms and Conditions.

GENERAL
You agree that no delay nor inaction on our part to enforce any of our rights pursuant to this Terms & Conditions or pursuant to all other applicable laws shall be construed as any form of waiver on our part.
All prices are in Ringgit Malaysia (RM). Applicable taxes will be included where it is indicated.

There shall be no return or refund policy. We have the sole discretion whether to assist you or not with any complaint that you may have with regards to the pharmaceutical products purchased from third party pharmacy.

Where any term or terms herein is found to be invalid or illegal at any time, the parties agree that such invalid or illegal term(s) shall be severed from this Terms & Conditions as if it was never a part of this Terms & Conditions and the remainder of all other terms herein shall continue to be in force and binding between the parties.

You shall not assign or transfer your rights or obligations herein without the prior written consent from us.

This Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the Courts of Malaysia.

GUARANTEE AND COMPLAINTS MANAGEMENT
HH2U Pharmacy shall perform its obligations under these Terms and Conditions with reasonable skills and care.

We place great value on our Customer satisfaction. You may contact us at any time using the contact details given in clause of these Terms and Conditions. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the supplier must generally be involved, and as such it may take longer to resolve such an enquiry or complaint.

In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that was assigned to you in the Order Confirmation. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five (5) Business Days, please make further enquiries.

PERSONAL DATA PROTECTION
Please see our Privacy Policy, which forms a part of these Terms and Conditions.

CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) Lockdown of courier services, Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.

16.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.

16.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.

16.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.

NOTICES
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipient’s address within Malaysia.
(b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.

GOVERNING LAW
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Malaysia. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

VARIATION
We reserve the right to amend these Terms and Conditions and our policies at any time at its sole discretion without prior notice. All amendments to these Terms and Conditions, including our policies will be posted on our Platform and be effective immediately. Your continued use of the Platform constitutes acceptance of the amended Terms and Conditions.