LHWY INTERNATIONAL PTE LTD

1 LHWY STORE

1.1 By using LHWY International Pte Ltd’s (“LHWY”) website and LHWY’s Products and services (“Products” or “Services”, as applicable), you agree to be bound by the current version of the terms and conditions provided herein (the “Terms”). You may not use this website or any of our Services for any illegal or unauthorised purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.2 The Terms form part of (and should be read in conjunction with) the terms and conditions governing your contractual and commercial relationship with us and under which we provide our Services to you.

1.3 By accessing and browsing through the website, or otherwise purchasing our Services, (a) you agree to be bound by the Terms and any of the related policies and/or guidelines, including any subsequent changes or modifications to them; and (b) you agree and consent to LHWY as well as its authorised agents, authorised service providers, related and/or associated companies and relevant third parties collecting, using, disclosing and/or sharing your personal data in the manner set forth in these Terms.

1.4 These Terms supplement but do not supersede nor replace any other consent(s) which you may have previously provided to us.

1.5 We may from time to time update these Terms, at its sole discretion and without prior notice. The amended Terms shall be effective as soon as it is published on the website. Please review these Terms periodically as your continued use of the website and our Services is deemed acceptance of any revised Terms in force at the time.

1.6 If you have any queries about these Terms, please email us at the email address provided below.

2 USE OF THE WEBSITE AND OUR SERVICES

2.1 Your attention is drawn to with LHWY’s Privacy Policy on our website. This website and/or our Services is not directed at any person in a jurisdiction where access to and/or use of our Services is prohibited. You are responsible for ensuring that you are in compliance with all laws, regulations and rules applicable to you in relation to your use of the website and/or our Services.

2.2 All content contained in the website and/or provided to you in connection with our Services (the “Content”) may be viewed for your personal reference only. All Content are protected by copyright, trademark and other laws and are the property of LHWY, unless otherwise noted. Unauthorised use of such materials may violate copyright, trademark and other laws. You may download and print portions of the materials for non-commercial and informational use. Copies that you make of the material must bear any copyright, trademark or other proprietary notices located on our website, which pertain to the material being copied. Any other sale, modification, reProduction, re-distribution, publication or re-transmission of any information from our website, in whole or in part without the prior written permission of LHWY is prohibited.

3 PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using this website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website and our Services or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the internet. We reserve the right to terminate your use of the Services or any related website for violating or threatening to violate any of the prohibited uses.

4 DISCLAIMER AND LIMITATION OF LIABILITY

4.1 To the extent permitted by law, you shall bear your own risk when purchasing any Products from this website. The information contained in this website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through this website for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding the Products featured in this website have not been evaluated by any regulatory authority and are not intended to diagnose, treat, cure, or prevent any disease, and the results reported, if any, may not necessarily have the same results on all individuals.

4.2 It is your responsibility to carefully read all Product packaging before use. All Products should be used strictly in accordance with their instructions, precautions and guidelines. It is also your responsibility to check the Product ingredients to avoid potential allergic reactions.

4.3 You should ensure that you have appropriate internet security arrangements in place when accessing the website and/or our Services.

4.4 We may from time to time remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

4.5 This website and/or our Services contain information which are made available “as in” and there are no responsibilities or warranties (express or implied) as to the accuracy, quality or fitness for any particular purpose of the website and our Services or the contents provided therein.

4.6 This website and/or our Services may contain third party content, which is provided “as is”, without representation or warranty of any kind. We do not warrant the accuracy, timeliness, completeness, adequacy, truthfulness or fitness for any particular purpose of any third-party content, and we shall not be liable to any party with respect to any actual or alleged inaccuracy, untimeliness, incompleteness, inadequacy, untruthfulness or unfitness. Furthermore, whilst we will exercise a reasonable degree of care and skill to review third party content uploaded to this website, it shall not be liable for any breach of intellectual property or other proprietary right asserted by a party who is not the third party content provider. If you are concerned about a potential breach of your intellectual property rights, please contact us at the email address provided below.

4.7 We shall not be responsible for the privacy policies and practices of other sites even if you access them using links from our website and recommend that you check the privacy policy of each site you visit and contact its owner or operator if you have any concerns or questions. A link from this website to an external website is not an endorsement or recommendation.

4.8 If you have accessed this website through a link from a third-party site, we shall not be responsible for the privacy policies and practices of the owners or operators of that third party site and recommend that you check the privacy policy of that third party site and contact its owner or operator if you have any concerns or questions.

4.9 To the extent permitted by law, we shall not be liable under any circumstances for any loss or damage of any kind including, without limitation, any direct, special, indirect or consequential loss or damage, arising out of or in connection with the access or use of this website and/or our Products and Services, from any reliance that may be placed by any person on any information of whatever nature which may be made available to that person as a result of using this website and/or our Products and Services, or from the violation of any of the provisions of these Terms by any users.

5 SERVICES, PRICES AND PAYMENT

5.1 Prices for the Products and Services are subject to change without notice. We reserve the right at any time to modify or discontinue any Product or Services (or any part or content thereof) without notice at any time.

5.2 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

5.3 We reserve the right to restrict the sale of our Products or Services to individuals, specific geographic regions, or jurisdictions. Such limitations may be exercised on a case-by-case basis. We also reserve the right to regulate the quantities of any Products or Services we provide. Descriptions and pricing of our Products and Services are subject to change without prior notice, as determined solely by us. We reserve the right to cease offering any Product or Service at any time. Any offers for Products or Services made on this site is void where prohibited.

5.4 We do not warrant that the quality of any Products, Services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

5.5 In relation to the online payment system, to the extent permitted by law, we shall not be liable for any loss or damage (including but not limited to any direct, indirect, special, incidental or consequential damages) suffered by you due to the following reasons: (a) any malfunction or delay, interruption, unavailability, suspension or any other restrictions affecting your online payment; (b) any error, failure or suspension of your bank payment mechanism; or (c) any other reasons arising from or related to third-party online payment systems.

6 SUBSCRIPTION TERMS

6.1 By electing to enter into a subscription plan in respect of the Products and/or Services, you accept these additional terms in this paragraph 6.

6.2 Subscription Term and Renewal: The initial subscription term shall be as elected by you at the time of subscription of any Products and/or Services (monthly, quarterly, semi-annually or annually) (“Subscription”). The Subscription will automatically renew for a subsequent term equal to the preceding term at the prevailing subscription terms and fees, unless terminated by no less than three weeks’ written notice prior to the end of the existing term. Your Subscription may be subject to a minimum subscription period if you receive a promotion, gift, discount or other extra benefits (the “Minimum Subscription Period”).

6.3 Deposit: You agree to pay a deposit in respect of any Product that is part of your Subscription, in an amount that will be stipulated at the point of subscription.

6.4 Subscription Discounts: You may be eligible for the following Subscription discounts based on subscription term: (a) 5% for quarterly subscriptions; (b) 10% for semi-annual subscriptions; (c) 20% for annual subscriptions; and (d) 25% for annual subscriptions that are paid in a single lump sum. Nevertheless, the subscription discounts may vary for some Products, which will be clearly highlighted before you agreed to the subscription.

6.5 Early Termination: If you terminate the Subscription prior to its expiry or the expiry of the Minimum Subscription Period, you will not be entitled to any refunds and you will be responsible for the remaining subscription fees. You will continue to have the use and access of your Subscription until the applicable expiry date.

6.6 Instalment: For certain Product & Services (with or without Subscriptions), you may choose to pay in instalments over such fixed-term period as may be determined based on the Product or Service. Instalment payments may be paid through GIRO, your credit or debit card, or in some payment method we agree to, as detailed in paragraph 6.7 below.

6.7 Payment Terms:

(a) You may pay through GIRO, your credit or debit card, a recurring credit card payment, or in some payment method we agree to. You authorise LHWY to charge your nominated bank account or credit card in specified amounts on the applicable payment dates and this arrangement will continue to be in effect until you notify us in writing to terminate it, or until we receive a notification from the bank. LHWY reserves the right to terminate this payment arrangement at any time in its sole discretion. If LHWY is unable to make any deduction or settlement for any reason whatsoever, you shall remain liable to LHWY for any outstanding amount, including any fees or charges levied by the bank for the failed deduction attempts.

(b) You may elect to pay a one-time fee or on a monthly basis, in consideration of the Subscription.

(c) Any fees and/or costs of your Subscription are immediately due and payable. Monthly subscription fees will be payable at the point of subscription and subsequently on the same day of the month (+/- three days) on which you originally took out your subscription. If any amount payable by you exceeds S$10,000 (ten thousand Singapore dollars), LHWY may separately send an invoice to you which shall be payable within three days.

6.8 Default: If you default on any of your payment obligations, LHWY reserves its right to suspend, restrict or terminate any Subscription, Product or Services it provides to you. In the event of default, you shall be billed the remaining Subscription fees in a single lump sum, such amount becoming due and payable immediately. You shall also be liable for all the legal, administrative and other costs LHWY incurs in recovering payment from you of all amounts due and payable.

6.9 Responsibilities: It is your responsibility to ensure that (a) you have provided LHWY with accurate and complete information at all times; (b) you notify LHWY immediately if there are any changes to the information you provided to LHWY; (c) you have sufficient clear funds available on the scheduled payment date throughout the Subscription; (d) comply with all applicable laws, rules and regulations, and any requirements or restrictions which LHWY may impose in relation to your Subscription; and (e) comply with all instructions, notices or directions issued by LHWY in relation to your Subscription.

7 Liability: You use the recurring bill payment arrangement by GIRO or credit card at your sole risk. To the fullest extent allowed by law, LHWY does not give any assurances or guarantees, either express or implied, in relation to such recurring payment arrangements. LHWY shall not be liable for any loss, cost, delay, error, neglect or omission in facilitating the payment under such recurring payment arrangements by GIRO or credit card, or any unsuccessful payment. To the extent permitted by applicable law, LHWY shall not be liable under any circumstances for any loss or damage of any kind including, without limitation, any direct, special, indirect or consequential loss or damage, arising out of or in connection with these Terms.

8 PRODUCT WARRANTY

8.1 To the extent permitted by law, this warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. LHWY disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, LHWY limits the duration and remedies of such warranties to the duration of this express warranty and, at LHWY’s option, the repair or replacement services described below. Some laws do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you.

8.2 LHWY warrants the Products listed on its website against defects in materials and workmanship when used normally in accordance with LHWY’s published guidelines for a period of three (3) years from the date of original purchase by the end-user purchaser, or for such period of time equivalent to the lease duration of the Product (the “Warranty Period”). LHWY’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

8.3 This warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or Product that does not meet the Product’s specifications; (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Product outside LHWY’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of LHWY or LHWY’s designated service provider; (g) to a Product that has been modified to alter functionality or capability without the written permission of LHWY; (h) to damage caused by normal wear and tear or otherwise due to normal aging; (i) if any serial number has been removed or defaced from the Product, or (j) to any Product not directly purchased from LHWY (to be evidenced by proof of purchase).

8.4 If during the Warranty Period, you submit a claim to LHWY in accordance with this warranty, LHWY may, at its option: (a) repair the Product, using new or previously used genuine parts that have been tested and passed LHWY or its supplier’s functional requirements; (b) replace the Product with a replacement Product of the same model (subject to availability of model / design) that is new or comprised of new and/or previously used genuine parts and has been tested and passed LHWY or its supplier’s functional requirements; or (b) exchange the Product for a refund of your purchase price. LHWY may request that you replace certain parts and, in such circumstances, the replacement parts assume the remaining Warranty Period or sixty (60) days from the date of replacement or repair, whichever is longer. If any Product or part is replaced or a refunded, any replacement item becomes your property and the replaced or refunded item becomes LHWY’s property.

8.5 If you receive a damaged, defective, or incorrect Product, please contact our customer support immediately. LHWY will assist you in obtaining the warranty service. LHWY reserves the right to charge any associated costs and expenses to you, depending on the status of the Product.

8.6 If LHWY determines that this warranty does not apply, you will be responsible for the costs of repair and/or replacement of Product or part(s) thereof based on the following rates (as may be amended from time to time):

Name of Product
Product Type Cost
SODA Lohas Cognitive Machine IB1500
TAKA Brain Training Machine Samsung
ME-SODA Lohas Cognitive Machine ME1900
Samsung Tablet
Bluetooth Detector
Sandbag Glove

9 INDEMNIFICATION

You agree to indemnify, defend and hold harmless LHWY and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

10 RETURN POLICY

10.1 We want you to be completely satisfied with your purchase. If you are not satisfied with your Product, you may be eligible to return it under the following conditions:

(a) The Product is in its original condition, unused, and undamaged.
(b) The return request is initiated within the specified time frame from the date of purchase.
(c) The Product is eligible for return based on any specific exclusions mentioned in this policy or as communicated during the purchase.

10.2 To initiate a return, please follow these steps:

(a) Contact our customer support within the designated return period and provide the necessary details, including your order number, Product information, and reason for the return.
(b) Our customer support team will guide you through the return process, provide you with any required return authorization or shipping labels, and address any additional queries you may have.
(c) Carefully package the Product to be returned, ensuring it is protected during transit.
(d) Ship the Product back to the designated return address within the specified time frame, using a reputable shipping carrier and a traceable method.
(e) Once the returned Product is received and inspected by our team, we will process the refund or exchange, as per your preference and the availability of the Product.

10.3 Return Period: The return time frame varies depending on the type of Product and any specific guidelines mentioned during the purchase process. Generally, returns must be initiated within fourteen (14) days from the date of purchase. Please check your order confirmation or contact our customer support for specific return time frame details.

10.4 Refund: If the returned Product meets the eligibility criteria, a refund will be processed using the original payment method used during the purchase. Please note that any shipping charges, taxes, or duties paid at the time of purchase may not be refundable, depending on the applicable regulations.

10.5 Exchanges: In the case of eligible Product returns, you may choose to exchange the Product for an alternative item of equal or lesser value, subject to availability. If the desired item is of higher value, you will be required to pay the price difference.

10.6 Return Shipping Costs: Unless otherwise specified or in cases of damaged or incorrect Products, return shipping costs are the responsibility of the customer. We recommend using a reputable shipping carrier with tracking capabilities to ensure the safe return of the Product.

10.7 Determination: In determining the interpretation of this return policy, eligibility of exchange or refund of any Products and any disputes between us and you in relation thereto, we reserve the right of final decision.

11 SHIPPING AND DELIVERY POLICY

11.1 Methods and Timelines: We offer shipping services to customers and aim to deliver Products in a timely manner. The specific shipping methods available and the estimated delivery timelines will be communicated during the checkout process. Please note that these timelines are approximate and may vary based on factors beyond our control, such as shipping carrier delays or unforeseen circumstances.

11.2 Shipping Destinations: We ship our Products to select geographic regions and jurisdictions. During the checkout process, you will be able to verify if we can deliver to your desired location. In case we are unable to ship to your location, a notification will be displayed, and you will not be able to proceed with the order placement.

11.3 Shipping Charges: The shipping charges, if applicable, will be calculated and added to your total order value during the checkout process. The specific shipping costs may vary based on factors such as the destination, weight, dimensions, and shipping method chosen.

11.4 Order Processing Time: Once your order is placed and payment is confirmed, we will initiate order processing. This may involve verification, packaging, and preparation for shipment. The time required for order processing will depend on the nature of the Product and any additional customization options chosen. We strive to process orders promptly and efficiently.

11.5 Shipment Tracking: For orders that qualify for tracking services, we will provide you with relevant tracking information. This will allow you to monitor the progress of your shipment. Please note that tracking availability may vary based on the shipping method and carrier selected.

11.6 Customs, Duties, and Taxes: For international shipments, customs duties, taxes, and other import fees may be applicable. These charges are the responsibility of the recipient and may vary based on the destination country’s regulations. Please consult with the relevant customs authorities or seek professional advice to understand and fulfill your obligations.

11.7 Damaged or Lost Shipments: We take utmost care in packaging and shipping our Products. However, in the event that your shipment arrives damaged or is lost during transit, please contact our customer support immediately. We will work with you to resolve the issue, initiate a claim with the shipping carrier, and arrange for a replacement or refund, subject to the carrier’s policies.

11.8 Non-Delivery and Address Accuracy: It is your responsibility to provide accurate and complete shipping information. Please ensure that the shipping address is correct and accessible to facilitate smooth delivery. In the event of non-delivery due to an incorrect or insufficient address provided, additional charges may apply for re-shipment or address correction.

11.9 Risk and Title: ownership, title and risk of loss and/or damage to the Products you have purchased shall be transferred to you when the Products leave our premises, provided that we have received full and valid payment of the purchase price.

11.10 In-person pickup and return: You may have the option to arrange to pick up your Product in-person at such time and place as may be specified during the checkout process. Proof of purchase and identity will be required for in-person pickup.

12 SEVERABILITY AND WAIVER

12.1 In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

12.2 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13 TERMINATION

13.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
13.2 These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

13.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

14 ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us on this website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

15 GOVERNING LAW

These Terms and our Services shall be governed by and construed in accordance with Singapore law.

16 CONTACT INFORMATION

You may contact us at 1003, Bukit Merah Central, #04-06 Singapore 159836 if you have any questions about these Terms.

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LHWY International Pte Ltd
1st July 2024