Other portions of this Youthlite Website may contain additional Terms and Conditions. By using such other parts of the Website, you agree to the applicable Terms and Conditions.
The Agreement is between Youthlite (the “the owner”, “we” or “us”) and you (“you” or “User”). This Agreement sets forth the legal terms and conditions governing the use of this website and for your purchase and/or use of any of Youthlite’s goods, services.
Youthlite, the owner of this Youthlite Website, reserves the right to change or modify this Agreement, in whole or in part, from time to time at its sole discretion without any further reference or notification to you. The owner reserves the right to enhance, add to, modify or discontinue the site, or any portion of the site or goods and services at any time in our sole discretion. However the owner will provide you with notice of such change by any reasonable means. Therefore, you are asked to always check this Agreement prior to using the Website. By continuing to use the Website following the posting of changes to this Agreement, you agree to accept the changes.
Ownership of Website
This Youthlite Website is owned and operated by Youthlite Sdn Bhd (Youthlite). You shall not reproduce, copy, distribute, transmit, perform, display, publish, upload, license, create derivative works from, transfer, or sell any information or material or logo obtained from this Youthlite Website.
Registration to Use the Website
You may be required to register with Youthlite in order to access certain areas of this Youthlite Website. With respect to any such registration, Youthlite has the right to grant or deny you the usage of a User Name or Email Address in accordance with its policies and at Youthlite’s sole discretion. You may be required to pay service fees associated with such access or usage of this Youthlite Website. You agree to accept full responsibility for all activities that occur under your account, email or password, if any and you have full responsibility to protect the confidentiality of your User Name and Password. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with this Youthlite Website that occur in connection with your user name. If you become aware of any unauthorized use of your User Name and Password, please notify Youthlite immediately. Youthlite will not be liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. You are also fully responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We expressly disclaim any liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software in connection with the use and access of the Website. We may, in our sole discretion and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
You represent and warrant that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) you are at least fifteen (15) and are accessing the Website with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement.
Conduct and Restriction of Use
Users of this Youthlite Website are required to comply with the law and respect the rights and dignity of others and to behave in an appropriate manner. You therefore agree to comply with all applicable laws, rules and regulations in regard to the use of this Youthlite Website. It is impossible to enumerate all kinds of improper conduct. Generally, the following acts are prohibited in connection with this Website: (a) harassment, defamation and intimidation; (b) obscenity, pornography; (c) acts that give rise to criminal or civil liability; (d) fraud and misrepresentation; (e) infringement of copyrights and violation of trademarks, (f) advertising or offering to sell products and services without Youthlite’s permission; and (g) interfering with or restricting the operation of this Website.
You agree to indemnify us for any and all third party claims, damages, losses and causes of action arising from or as a result of your breach of the above.
Purchases and Other Transactions
If you wish to purchase any product or use a service through this Youthlite Website, you may be asked to supply certain information relevant to your desired Transaction. Any such information provided through this Website will be treated by us in accordance with this Agreement and the Security and Privacy Statement. We may require verification of information prior to the acknowledgment or completion of any Transaction.
We reserve the right, with or without prior notice, (a) to change product or service descriptions, references and images; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Merchandising offers, product prices and availability of any product or service offered through this Website are subject to change without notice, and We shall not be responsible for errors in the offers, prices or descriptions of such products or services. Refunds and exchanges of products will be subject to Youthlite's refund and exchange policies then in effect. For transactions that are subject to tax, you remain responsible for any taxes that may be applicable.
Third Party Links
Except when expressly stated by Youthlite on this Youthlite Website, Youthlite is not affiliated or associated with and have no responsibility for operators of any third party websites that link to or are linked from this Website. Youthlite shall have the absolute right, at any time and at its sole discretion, to block links to this Youthlite Website without prior notice.
This Youthlite Website is PROVIDED "AS IS" “AS AVAILABLE” “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOUTHLITE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THIS YOUTHLITE WEBSITE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. YOUTHLITE MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY YOUTHLITE INDEPENDENT SALES REPRESENTATIVES; (B) THAT THIS YOUTHLITE WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THIS YOUTHLITE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THIS YOUTHLITE WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH THIS YOUTHLITE WEBSITE ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of this Youthlite Website and the servers from which this Youthlite Website are operated, this Youthlite Website may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to this Youthlite Website.
The internet may be subject to breaches or security, We shall not be responsible for any resulting damage to any user’s computer from any such security breach, or from any bugs, virus, tampering, unauthorized intervention, error, fraud, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. Please be aware that email submissions over the Internet may not be secure and you should consider this before submitting any information to anyone over the internet. We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Youthlite Website. In the event of maintenance or malfunction or computer equipment or for whatsoever reasons this Youthlite Website may be temporarily unavailable.
Limitation of Liability
IN NO EVENT SHALL YOUTHLITE SDN BHD ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "YOUTHLITE ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THIS YOUTHLITE WEBSITE, (C) YOUR USE OF OR INABILITY TO USE THIS YOUTHLITE WEBSITE, OR (D) THE ACTS OR OMISSIONS OF YOUTHLITE INDEPENDENT SALES REPRESENTATIVES, IN EACH EVENT, EVEN IF YOUTHLITE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUTHLITE IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. YOUTHLITE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY YOUTHLITE INDEPENDENT SALES REPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL YOUTHLITE’S TOTAL LIABILITY TO YOU (IF ANY) FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THIS YOUTHLITE WEBSITE, OR YOUR USE OF OR INABILITY TO USE THIS YOUTHLITE WEBSITE OR FOR WHATSOEVER REASONS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS YOUTHLITE WEBSITE.
BY USING THIS SITE YOU AGREE TO INDEMNIFY AND HOLD YOUTHLITE ENTITIES HARMLESS FROM AND AGAINST ALL CLAIMS, THIRD PARTY CLAIMS, ALLEGED CLAIMS, ACTIONS, DEMANDS CAUSES OF ACTION, PROCEEDINGS, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES ARISING OUT OF OR RELATING TO : (A) YOUR USE OF, INABILITY TO USE, OR ACTIVITIES IN CONNECTION WITH THIS YOUTLITE WEBSITE; (B) ANY VIOLATION OF THIS AGREEMENT OR ANY OTHER YOUTHLITE TERMS, CONDITIONS OR POLICITES BY YOU OR THROUGH ANY ACCOUNT YOU MAY HAVE WITH ANY PORTION OF THIS YOUTHLITE WEBSITE ;(C) ANY MISREPRESENTATION MADE BY YOU AND/OR OUR USE OF YOUR INFORMATION; (D) ANY TRANSACTION; (E) ANY ALLEGATION THAT ANY SUBMISSION OR OTHER MATERIALS THAT YOU MAKE AVAILABLE THROUGH THIS YOUTHLITE WEBSITE INFRINGE OR OTHERWISE VIOLATE THE INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS OF ANY THIRD PARTY; OR (F) YOUR VIOLATION OF ANY RIGHTS OR ANY OF THIS YOUTHLITE WEBSITE’S VISITOR, USER OR CUSTOMER OR ANY OTHER THIRD PARTY.
WHENEVER REQUIRED BY THE YOUTHLITE ENTITIES, YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN THE YOUTHLITE ENTITIES’ DEFENSE IF ANY CLIAM. YOUTHLITE ENTITIES RESERVES THE RIGHT, AT ITS OWN EXPENSE TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT OUR WRITTEN CONSENT.
Termination and Enforcement.
This Agreement is effective until terminated by Youthlite. You agree that Youthlite, at its sole discretion, may terminate your access to or use of this Youthlite Website, at any time and without assigning any reasons to you. We will determine your compliance with this Agreement in our sole discretion and our decision shall be final and binding. Upon any such termination, your right to use this Youthlite Website will immediately cease. You agree that any termination of your access to or use of this Youthlite Website may be effected without prior notice and that Youthlite may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that Youthlite shall not be liable to you or any third party for any termination of your access to this Youthlite Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Youthlite reserves the right to takes steps that Youthlite believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of this Youthlite Website and/or a third party claim that your use of this Youthlite Website is unlawful or violates such third party's rights).
This Agreement shall be governed by and construed in accordance with Malaysian law and any disputes will be decided only by the Malaysian courts.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Youthlite. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading or caption contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and Youthlite relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Youthlite relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to this Youthlite Website, by email, or by regular mail, at Youthlite’s discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.