official.hushcare
Terms and Conditions
Terms and Conditions
Welcome!
These terms and conditions outline the rules and regulations for the use of HUSH’s Website, located at http://www.theofficialhush.com, operated by PREFERRED HEALTH AND WELLNESS SDN. BHD., a company registered in Malaysia (“Company”).
By accessing and/or purchasing any item from this website, we assume you accept to be bound by the following terms and conditions (“Terms and Conditions”). Please read these Terms and Conditions carefully before accessing or using our website. Do not continue to use www.theofficialhush.com if you do not agree to take all of the Terms and Conditions stated.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Customer”, “User”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s Terms and Conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the User and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner for the express purpose of meeting the User’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Malaysia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Section 1 - General
HUSH may vary these Terms and Conditions at any time by publishing a revised version of the Terms and Conditions on this website.
This website shall be governed by and construed in accordance with the laws of Malaysia and the parties irrevocably submit to the exclusive jurisdiction of Malaysia, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms and Conditions.
In case of dispute, the English language version of all Terms and Conditions shall precede the Malay language version.
Section 2 – Use of the Website
By accessing and/or purchasing any item from this Website, you are deemed to have agreed to the Terms and Condition and you represent that you are at least of majority age in your Country of residence and that you have given us your consent to allow any of your minor dependents to access this Website.
You understand that your content may be transferred unencrypted and involve transmissions of data over various networks and changes to comply and adapt to certain requirements of connecting networks and/or devices. However, kindly note that credit card information is always encrypted during transfer over networks for security purposes.
You agree that you would not use our products for any illegal or unauthorised purposes.
You also agree that you must not transmit any worms or viruses or any code of a destructive nature via this Website and any breach or violation of any of the Terms and Conditions will result in an immediate termination of any agreements with HUSH and/or the Company.
Section 3 – Orders
All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers.
You may place an order through the Website by clicking on the ‘Place Order’ button. Shortly after the order is successfully submitted, an acknowledgment email will be sent to you at the email address provided at registration or on submission of your order. This acknowledgment email confirms the details of your order and is not an acceptance of your order. If you do not receive an acknowledgment email from HUSH within two (2) business days, please contact the HUSH’s Customer Service at customerservice@theofficialhush.com. Please note that the acknowledgment e-mail does not constitute a guarantee as to the availability of the Products. Your order shall only be deemed accepted upon your receipt of a confirmation email from us.
Once an order has been placed, no changes can be made to your order.
Section 4 – Payment Method
Should you choose to complete your order through a credit card transaction, you must use your own credit card. We will not be liable for any credit card fraud. The liability of fraudulent use will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
Section 5 – Products
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Returns and Exchanges Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear on this website and we cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.
Prices for our products are subject to change without prior notice. We reserve the rights to modify or discontinue any services from time to time without any prior notice and we shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the sale and/or services.
Section 6 – Returns and Exchanges Policy
All items purchased are strictly non-refundable. Only incorrect or defective items purchased on our website can be returned to www.theofficialhush.com for exchange.
We have a seven (7) business days exchange policy upon receipt of order by the Customer, subject to the following terms and conditions:
Should the item delivered be incorrect, the item must be in their original purchase condition, including the original product packaging. All packaging must be unmarked and not defaced in any manner.
Any item that you received with tags attached must be returned with those tags intact.
Items purchased as part of a set or multi-item pack has to be returned as a whole set.
All exchanges will be firstly reviewed by HUSH and we reserve the right to perform remedies including:
Replacing the product with a new item, or
If the item is unavailable, full refund will be made in fourteen (14) business days.
Section 7 – Disclaimer of Warranty
All content, text, images, merchandise and other information on, accessible from and/or available through this website are provided on an “as available” and “as is” basis without representations or warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
HUSH does not in any way warrant that: (i) information made available on this website is free of error(s); (ii) the functions contained on this website will be uninterrupted or free of errors; (iii) defects will be corrected, or (iv) this website or the server(s) that makes it available are free of viruses or other harmful components.
Section 8 – Personal Information
Your submission of any personal information through this website is governed by our Privacy Policy.
Section 9 - User comments, feedback and other submissions
Parts of this website offer an opportunity for users to post and exchange opinions and information (collectively “Comments”) in certain areas of the website. HUSH does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of HUSH, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, HUSH shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
HUSH reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant HUSH a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media without any restrictions.
Under no circumstances shall HUSH be under any obligation of maintaining confidentiality or expectation of compensation or attribution. By submitting any Submissions to HUSH, you are waiving all and any rights that you may have in the Submissions and you agree that any Submissions by you will not violate any intellectual property right including but not limited to copyright, patent, trademark of any third party.
Section 10 - Content Liability
We shall not be held responsible for any content that appears to be inaccurate, incomplete or non-current on this Website. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting to more accurate sources of information. Any reliance on the content of this Website shall be at your own risks. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Section 11 - Reservation of Rights
We reserve the right to request that you remove all links or any particular link to this Website. You approve to immediately remove all links to this Website upon request. We also reserve the right to amend these Terms and Conditions and its linking policy at any time. By continuously linking to this Website, you agree to be bound to and follow these linking Terms and Conditions.
Section 12 - Removal of links from our website
If you find any link on this Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on this Website is kept up to date.
Section 13 - Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Section 14 – Indemnification and Severability
You hereby agree to indemnify, defend and/or hold harmless the Company and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and/or employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to and/or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference and/or your violation of any law and/or the rights of any third party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions within these Terms and Conditions.
Section 15 - License
Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material on www.theofficialhush.com. All intellectual property rights are reserved. You may access this from www.theofficialhush.com for your own personal use subjected to the restrictions as set out in the following.
You must not:
- Republish material from www.theofficialhush.com
Sell, rent or sub-license material from www.theofficialhush.com
Reproduce, duplicate or copy material from www.theofficialhush.com
Redistribute content from www.theofficialhush.com
Section 16 - Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of the Company; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed above and are interested in linking to our website, you must inform us by sending an e-mail to info@theofficialhush.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site
No use of HUSH‘s logo or other artwork will be allowed for linking absent a trademark license agreement.
Section 17 - iFrames
Without prior approval and written permission, you may not create frames around our Web Pages that alter in any way the visual presentation or appearance of this Website.
Section 18 – Termination
The obligations and/or liabilities of the parties incurred prior to the date of termination of this agreement shall survive the termination of the same for all purposes.
These Terms and Conditions shall be effective unless and until the agreement is terminated by either party. You may terminate this agreement at any time by notifying us that you no longer wish to use our services, or when you cease to use this website.
In the event in our sole judgment you fail, or we suspect that you have failed to comply with any term(s) and/or provision(s) of these Terms and Conditions, we may also terminate this agreement at any time without prior notice and you shall remain liable for any and/or all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our Website (or any part thereof) where we deemed fit.
Section 19 – Entire Agreement
Our failure to exercise and/or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such rights or provisions.
These Terms and Conditions, any policy(ies) or operating rule(s) posted by us on this Website or in respect to any of our services shall constitute the entire agreement and the understanding between the parties which shall govern your use of this Website, superseding any prior and/or contemporaneous agreements, communications and proposals, whether oral or written, between the parties (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party drafting this agreement.
Section 20 – Changes to the Terms and Conditions
You are encouraged to review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change and/or replace any part of these Terms and Conditions by posting updates and changes to this Website. It shall be your responsibility to check our Website periodically for any changes. Your continued use of and/or access to this Website and/or purchase of any of our products through this Website following our posting of any changes to these Terms and Conditions shall constitute your acceptance of those changes.