TERMS AND CONDITIONS
INTRODUCTION
Welcome to our website. These Terms and Conditions ("Terms") govern your use of our website and the purchase of our BeMe liquid supplement products ("Products"). By accessing our website and purchasing Products, you agree to these Terms.
Launcho Ventures PTE. LTD. (“BeMe”, “BeMe Wellness”, “We”, “Us”, or “Our”) provides the Site Content, products (including samples thereof) and services (together “Site Offerings”) available on the website located at www.bemewellness.com, other iterations of the website including mobile applications, and such websites and social media accounts authorized by us to provide Site Offerings (each, together with any sub-domains and any Site Offerings thereon, collectively defined as the “Sites”), to you subject to the following Terms.
For purposes of these Terms, “You” and “Your” means you as the user of the Sites. If you use the Sites on behalf of a company or other entity then “You” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
AGREEMENT
You acknowledge and agree that the Terms constitute the complete and exclusive agreement between us concerning your use of the Sites and Site Offerings, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change the Terms at any time by posting the changes on the Sites and providing notice of such change. Any changes to these Terms are effective immediately upon posting to the Sites after notice of such change. Your continued use of the Sites thereafter constitutes your agreement to all such changed Terms and if you do not agree with any of the changes or modifications, you must immediately cease using the Sites.
USER CONDUCT
By accessing or using the Sites, you agree that you will comply with the Terms and any warnings or instructions on the Sites. You agree that when accessing or using the Sites, Site Offerings or any Content, you will act in accordance with all applicable laws, custom and in good faith. You agree to use the website only for lawful purposes and in a way that does not infringe the rights of others. You must not misuse the Site, Site Offering or any Content by knowingly introducing viruses, attempting unauthorized access, or engaging in any activity that disrupts functionality. Without limiting the generality of any other provision of the Terms, if you default negligently or wilfully in any of the obligations set forth in the Terms, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
ELIGIBILITY
You must be at least 18 years of age to use this website and purchase Products. By using this Site or Site Offering, You represent and warrant that You meet this eligibility requirement.
PRICES AND PAYMENT
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General. You can purchase our products and services via the Sites by completing the applicable purchase form and providing the requisite billing information. You acknowledge and agree that all such billing information that you provide is accurate, current and complete. By purchasing any Site Offerings via the Sites, You confirm You understand the function of such product and/or service as set forth on the Sites and intend to use it only for such purpose. When You purchase products, You authorize Your credit card, debit card and/or any other payment option provided by You (as permitted by BeMe in its sole discretion (collectively, “Payment Method”) on the form or updated at a later date to be charged the applicable amount during the stated timeframe. You represent and warrant that You have the legal right to use the Payment Method You provide to Us or Our payment processor.
We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Site Offerings, and (b) refuse to allow any user to purchase any Site Offerings or deliver such Site Offerings to a user or a user designated address. When You purchase Site Offerings, You (a) agree to pay the price for such Site Offerings as set forth on the Sites, and all shipping and handling charges and all applicable taxes in connection with Your purchase (the “Full Purchase Amount”), and (b) authorize Us to charge the provided Payment Method for the Full Purchase Amount. Prices do not include applicable taxes.
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Discounts. BeMe may offer, in our sole discretion, reduced and/or sale pricing, free products, discounts for subscription, first-time or other types of orders, and/or other promotions from time-to-time (“Promotions”). We reserve the right to terminate any Promotion at any time. Unless superseded by a Promotion’s explicit terms, Promotions (a) apply to online orders only, (b) cannot be combined with other Promotions, and (c) do not apply to sale items, shipping charges and taxes.
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Changes and Pricing. We may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Site Offerings. While We attempt to be as accurate as we can in our descriptions for the Site Offerings, We do not warrant that Site Offerings descriptions are accurate, complete, reliable, current, or error-free. If a Site Offering itself is not as described on the Sites, Your sole remedy is to return it (for physical products, in unused condition). The inclusion of any Site Offerings for purchase through the Sites at a particular time does not imply or warrant that the Site Offerings will be available at any other time. We reserve the right to change prices for Site Offerings displayed on the Sites at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Site Offerings prices to the Sites and/or upon making the customer aware of the pricing error.
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Subscriptions. You may purchase certain Site Offerings from select countries using our “auto-refill” Subscription option as made available by and through the Site. In connection with an auto-refill Subscription, You may select the quantity and frequency of the ordered products, subject to the options made available by BeMe / BeMe Wellness. Your selection of an auto-refill subscription, while it remains active, serves as Your authorization to Us to make recurring charges based on the quantity and price of the Site Offerings You select, plus tax and any applicable shipping charges, to your selected Payment Method for each shipment. Subscriptions will continue indefinitely until cancelled by You or Us. You may modify or cancel Your Subscription order up to 24 hours before it ships through your account settings or by contacting us.
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Personal Use and Resale Prohibition. Products purchased from this Site and Site Offering are for personal use only. You may not resell any Products purchased through the Site.
ORDER ACCEPTANCE AND SHIPPING
Once We receive Your order for a Site Offering, We will provide you with an order confirmation. We reserve the right at any time after receiving Your order to accept or decline Your order for any reason and in our sole discretion. If We cancel an order after You have already been billed, then We will refund the billed amount. We are unable to cancel or edit orders at your request once placed. Title and risk of loss for any purchases of physical products pass to You upon our delivery to our carrier. All orders are shipped using one of our third-party couriers. Online tracking may be available at our courier’s website, though We make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, We cannot guarantee delivery by any specific date or time. Shipments that are lost or arrive damaged are the liability of our designated carrier. We may assist You in making a claim for a refund. If Your shipment is lost or arrives damaged, please keep the box, packing materials and the item(s) inside and contact us with a picture, as applicable. Lost packages that are documented as delivered by our designated carrier are only eligible for replacement. We are not responsible for shipments undelivered due to incorrect shipping information.
HEALTH DISCLAIMER
The information provided on the Site or Site Offering is for general informational purposes only and is not intended as medical or healthcare advice. It should not be used for medical diagnosis or treatment of any individual problem. Always consult a healthcare professional before using any supplement product.
THIRD-PARTY WEBSITE LINKS
Our Site and Site Offering may include links to third-party websites for Your convenience. We have no control over these third-party websites and do not endorse their content, products, or services. Your use of third-party websites is at Your own risk.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
All information and content available on the Sites and its look and feel, including, but not limited to, the Site Offerings, trademarks, copyrights, trade names, logos, service marks, features, functions, text, graphics, video, logos, button icons, images, audio clips, data compilations and software, any information and content regarding Site Offerings, and the compilation and organization thereof and other intellectual and proprietary rights throughout the world (collectively, the “Site Content”) is the property of BeMe, BeMe Wellness or our parents, subsidiaries, affiliates, partners or licensors, and is protected by Singapore and international intellectual property laws, including laws governing copyrights and trademarks and applicable intellectual property. Unauthorized use of any trademark or copyrighted material is strictly prohibited. You agree that We and/or Our licensors own all right, title and interest in and to the Sites and Site Content (including any and all intellectual property rights therein) and You agree not to take any action(s) inconsistent with such ownership interests. We and Our licensors reserve all rights in connection with the Sites and Site Offerings other than User Content as defined below), including, without limitation, the exclusive right to create derivative works.
Subject to your compliance with these Terms, We grant You a personal limited, revocable, non-transferable, non-assignable, non-sublicensable and non-exclusive license to access and make use of the Sites and Site Offerings for personal purposes only.
USER CONTENT
When You transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available product reviews, suggestions, ideas, inquiries, Feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") to Us, whether through the Sites, any third-party websites or otherwise in any manner, You are entirely responsible for such User Content. You hereby grant to Us and Our parents, subsidiaries, affiliates, partners, and licensors a perpetual, worldwide, irrevocable, transferable, sublicensable, unrestricted, non-exclusive, royalty-free, fully paid up license to use, share, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including, without limitation, developing, manufacturing, distributing and marketing the Sites, Site Offerings and other BeMe, BeMe Wellness products and/or services.
You represent and warrant that You own or otherwise control the rights to Your User Content. You agree that User Content will not contain material subject to copyright or other proprietary rights, unless You have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) You do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) is known by You to be false, fraudulent, inaccurate or misleading; (iv) You were compensated for or granted any consideration by any third party; or (v) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do We assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Sites and therefore, We do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Sites, You may be exposed to User Content that is offensive, indecent or objectionable to You. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by You as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Sites. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that We have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and We reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of the Terms, We have the right to remove any User Content that violates the Terms or is otherwise objectionable and We reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate the Terms or infringe the rights of others.
DISCLAIMER OF WARRANTIES
The Site, Site Offerings and its Content are provided "as is" and "as available" without warranties of any kind, express or implied in connection with the Terms, the Site, Site Offerings, Site Content or related products. BeMe does not warrant that the Site, Site Offering or Content will be error-free, uninterrupted, or free of harmful components.
Without limiting the foregoing, to the maximum extent permitted under applicable law, BeMe, BeMe Wellness, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for particular purpose or non-infringement.
LIMITATIONS OF LIABILITY AND INDEMNIFICATION
To the fullest extent permitted by law, We shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Site, Site Offering, Content or Products. You agree to indemnify us against any claims resulting from your breach of these Terms.
TERMINATION OF WEBSITE
We reserve the right to suspend or terminate the Site or Site Offering, or your access to it, at any time without notice for any reason, including a breach of these Terms.
MANDATORY PRE-DISPUTE PROCEDURES
Before initiating a claim against us, you agree to provide us with an opportunity to resolve your dispute. This includes submitting a written description of your issue, including any information or representations related to our Products upon which you relied.
APPLICABLE LAW AND JURISDICTION
These Terms are governed by the laws of Singapore. You agree that the courts of Singapore will have exclusive jurisdiction over any dispute arising out of or related to these Terms, including non-contractual disputes or claims.
PRIVACY NOTICE
Your privacy is important to us. Our Global Privacy Notice, available here, explains how we collect, use, and protect Your personal information.
OTHER IMPORTANT TERMS
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We may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion. We will tell You in writing if this happens and We will ensure that the assignment, transfer or sub-contracting will not affect Your rights under these Terms.
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If any part of these Terms is held to be invalid under applicable law, the invalidity of such part of these Terms will not affect the validity of the remaining portions.
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You acknowledge and understand that if We are unable to provide the Products as a result of an event outside of its control, We will not be in breach of any of its obligations to You under these Terms.
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Any representations, warranties, and indemnification obligations made or undertaken by You will survive cancellation or termination of Your account or relationship with Us.
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No delay by Us in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect Our ability to subsequently exercise that right or remedy.
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These Terms (together with any terms incorporated by reference herein) constitute the entire agreement between You and Us relating to the subject matter herein. Any waiver must be agreed to by Us in writing. These Terms supersede any other terms previously published by Us and any other representations or statements made by Us to You, whether oral, written, or otherwise.
Contact Information
If you have any questions regarding these Terms, please contact us at hello@bemewellness.com.