Terms & conditions

Welcome to www.seaforest.co (“Website”).

 

The following terms and conditions (“Terms”) govern the access to and use of this Website. By accessing or using this Website, you are acknowledging that you have read, understood and agreed, without limitation or qualification, to be bound by, these Terms.

 

If you do not agree to these Terms, please refrain from using this Website.

ABOUT SEAFOREST

This Website is owned and managed by Polylab Biotech Sdn. Bhd., a company incorporated under the laws of Malaysia under company registration number 199701034476 whose registered office is at Lot 4.100, Level 4, Wisma Central, Jalan Ampang 50450 Kuala Lumpur, Malaysia (“Seaforest”, “we”, “us” or “our”).

OUR SERVICES

ELIGIBILITY

To be eligible to purchase products on this Website, you must: (a) be the holder of a valid debit/credit card; and (b) warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

 

PRICES

The prices of the products shown on this Website are inclusive of SST (where applicable) at the current rate and are exclusive of delivery charges.

 

PRODUCT INFORMATION

While we try and ensure that all details, descriptions and prices that appear on this Website are accurate, there may be cases where errors occur. If we discover an error in the price of a product, we shall be under no obligation to accept or fulfil an order for that product at the incorrect price. If an error in the price of any products that you have ordered is discovered, we will inform you of this as soon as possible.

 

RESELLING OF PRODUCTS

The products available on this Website and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, at our sole discretion, may result in the violation of these Terms.

 

MAKING A PURCHASE

When you order a product from Seaforest, you are offering to buy it for the price stated, subject to these Terms.

 

You will be guided through the process of placing an order by a series of instructions on this Website. You place your order for products from this Website by clicking on the Complete Order button at the end of the online order process.

 

Once you have placed your order, we will send you an email acknowledging the details of your order, providing you with a payment reference and the value of your order that will be debited from your credit/debit card. This is not an order confirmation or order acceptance from Seaforest.

 

Unless we have notified you that we do not accept your order, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the products ordered by you.

 

Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.

 

If you require any information regarding your order(s), please email us at hello@seaforest.co.

 

We may not accept your order if: (a) a product you have ordered is out of stock; (b) we are unable to obtain authorisation for your payment; (c) we suspect fraudulent activity or violation of these Terms (including our Privacy Policy); or (d) we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.

 

If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone.

 

INTENDED USE

By placing an order with Seaforest, you agree to use the products only for their intended purpose. If you use the products for any other purpose, you will assume full responsibility for any loss or damage arising out of this use.

 

PAYMENT

Seaforest allows orders to be processed online using a valid credit/debit card.

 

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

 

PASSING OF PROPERTY AND RISK

We will retain the legal ownership of the products until full payment has been made by you and such payment has been received by us. Legal ownership of the products will immediately revert to us if we refund any such payment to you. Risk in the products will pass to you on delivery to you.

 

DELIVERY

We will deliver the products following the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. We do not accept any liability for delayed delivery caused by any third party.

 

CONTACTING US

If you would like some help when ordering or have a query about your order, please email us at hello@seaforest.co.

COPYRIGHT AND TRADE MARKS

All content available on this Website, including, but not limited to, text, graphics, logos, icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property of Seaforest, our affiliates, our partners or our licensors, and is protected by Malaysian and international copyright laws.

 

The trade marks, logos, and service marks displayed on this Website (collectively, the “Trade Marks”) are the registered and unregistered marks of Seaforest, our affiliates, our licensors or our partners, in Malaysia and other countries, and are protected by Malaysian and international trade mark laws.

 

Except as set forth in the section entitled ‘Limited Licence’ below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of this Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

LIMITED LICENCE

We grant you a limited, revocable, and non-exclusive licence to access and make personal use of this Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose this Website or any portion thereof without our prior written consent which may be withheld at our sole discretion.

 

The limited licence set forth in this section does not include the right to: (a) modify or download this Website or its Contents (except caching or as necessary to view content); (b) make any use of this Website or its Content other than personal use; (c) create any derivative work based upon either this Website or its Content; (d) collect account information for the benefit of another party; (e) use any meta tags or any other ‘hidden text’ utilising our name or the Trade Marks without our express written consent; and (f) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

 

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of this Website for personal, non-commercial use only. A website that links to our Website may: (a) link to, but not replicate, our Content; (b) not imply that we are endorsing such website or its services or products; (c) not misrepresent its relationship with us; (d) not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (e) not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (f) not use any Trade Mark without our prior written consent and; (g) not link to any page of this Website other than the home page. We may, at our sole discretion, request that you remove any link to this Website, and upon receipt of such request, you shall immediately remove such link.

 

Any unauthorised use by you of this Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.

THIRD PARTY LINKS

We are not responsible for the content of any off-website pages or any other websites linked to or from this Website. Links appearing on this Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from this Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms. You should carefully review the terms and privacy policies of all off-website pages and other websites that you visit.

SUBMISSIONS

We welcome enquiries or feedback on the products you use or might like to purchase; however, it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, ‘Submissions’) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concept or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

 

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to fully indemnify us for all claims arising from your claims to any rights in any Submission.

LIMITATION OF LIABILITY

Subject to applicable law, under no circumstances shall Seaforest, Seaforest’s affiliates, our licensors or licensees, be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential, punitive or other damages, including lost profits, personal injury (including death) and property damage, that may result from (a) the use of, or the inability to use, this Website or any material on this Website, (b) the conduct of any user of this Website, whether in contract, tort (including negligence) or otherwise. Seaforest shall not be liable even if Seaforest or an authorised representative of Seaforest has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

 

Seaforest assumes no responsibility or liability arising from the content of any User Submission or for any libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality, infringement of intellectual property rights, error or inaccuracy contained in any User Submissions.

 

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Seaforest’s total liability to you for damages, losses, and causes of action whether in contract, tort (including, negligence) or otherwise exceed the amount paid by you, if any, for accessing this Website.

 

To the extent required by applicable law, we do not exclude or limit in any way our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation or (c) any other liability which cannot be excluded or limited by applicable law.

DISPUTES

To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to this Website and any purchase by you of any products from Seaforest shall be submitted to confidential arbitration in Malaysia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the Malaysian Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to this Website shall be submitted to an appropriate court or other judicial body in Malaysia, and all applicable provisions of this section shall apply.

MISCELLANEOUS

SEVERABILITY

If any provision of these Terms shall be found 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.

 

NO WAIVER

No failure on the part of Seaforest to enforce any part of these Terms shall constitute a waiver of any of Seaforest’s rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Seaforest nor the reliance of any person on Seaforest’s actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorised representative of Seaforest shall have any legal effect whatsoever.

 

MODIFICATIONS

We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to this Website. Your continued use of this Website constitutes your agreement to all such Terms.

 

GENERAL

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of this Website and any purchase by you of any products from Seaforest, and supersede and govern all prior proposals, agreements, or other communications.

 

We reserve the right to refuse to supply products to any person for any reason whatsoever, to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. We will not be liable to you or any third party by reason of our withdrawing of any products from this Website whether or not such products have been sold; removing or editing content on this Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

If you have any questions regarding these Terms, please email us at hello@seaforest.co.

 

GOVERNING LAW

Your use of this Website and any purchase by you of any products from Seaforest shall be governed by the laws of Malaysia and you hereto submit to the exclusive jurisdiction of the Malaysian courts.

 

 

Last Updated: 25 December 2021