1. INTRODUCTION
1.1 SCOPE OF TERMS
These Terms Apply To All Visitors, Users, And Others (“You”) Accessing Or Using The Website, Including But Not Limited To Browsing Our Product Offerings And Submitting Inquiries. By Using The Website, You Represent That You Have Read, Understood, And Agree To Be Bound By These Terms.
1.2 NO BINDING OFFER BY INQUIRY
Any Inquiry Submitted Through The Website Is For Informational Purposes Only And Does Not Constitute An Offer To Purchase Or A Binding Commitment By Either Party. EDMARK Reserves The Right To Accept Or Decline Any Inquiry In Its Sole Discretion.
2. INQUIRIES, ORDERS & CONTRACT FORMATION
2.1 PRODUCT INFORMATION & INQUIRIES
These Terms apply to all visitors, users, and others (“you”) accessing or using the Website, including but not limited to browsing our product offerings and submitting Inquiries. By using the Website, you represent that you have read, understood, and agree to be bound by these Terms.
When you submit an Inquiry, you acknowledge that the information provided is non-binding and that any further commercial relationship will be subject to a separate written agreement between you and EDMARK.
2.2 ELIGIBILITY TO SUBMIT INQUIRIES
You must be at least 18 years of age to submit an Inquiry through the Website.
You agree that all information you provide in your Inquiry is accurate and complete. Inaccurate or incomplete information may delay our ability to respond or process your Inquiry.
2.3 CONTRACT FORMATION
No contract for the sale or supply of any products is formed as a result of an Inquiry.
Should you decide to proceed with a purchase or request further services, EDMARK will provide you with a separate proposal or contract setting out the specific terms (including, where applicable, pricing, payment, delivery, and any applicable limitations on quantity or availability).
2.4 SPECIAL PRODUCT OFFERINGS
In cases where products are offered on a limited basis or under special conditions (for example, limited-edition items or exclusive health product lines), any additional restrictions (such as quantity limits) will be clearly communicated on the Website at the time you submit your Inquiry.
3. USE OF THE WEBSITE
3.1 LICENSE TO USE THE WEBSITE
EDMARK grants you a limited, non-exclusive, non-transferable license to access and use the Website solely for your personal, non-commercial use, subject to these Terms.
3.2 ACCEPTABLE USE
You agree to use the Website only for lawful purposes and in a manner that does not infringe on the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party. Prohibited activities include, but are not limited to:
- Using automated tools (e.g., robots, crawlers) to access or interact with the Website.
- Attempting to gain unauthorized access to any portion of the Website.
- Transmitting any viruses, malware, or other harmful code.
3.3 USER-GENERATED CONTENT
Any comments, suggestions, or other materials (“User Content”) you submit to the Website are deemed non-confidential and non-proprietary. By submitting User Content, you grant EDMARK a worldwide, royalty-free, irrevocable license to use, reproduce, modify, and distribute such content in any media. You represent and warrant that your User Content does not infringe the rights of any third party.
4. INTELLECTUAL PROPERTY
4.1 OWNERSHIP
All content on the Website, including text, graphics, logos, images, software, and any other materials (“Content”), is the property of EDMARK or its licensors and is protected by intellectual property laws. Unauthorized use of any Content is strictly prohibited..
4.2 TRADEMARKS
The trademarks, logos, and service marks displayed on the Website are the property of EDMARK or third parties. You are not permitted to use any such marks without prior written consent from EDMARK or the respective trademark owner.
5. LIMITATION OF LIABILITY & DISCLAIMERS
5.1 GENERAL DISCLAIMER
The Website and its Content are provided “as is” without any warranties, express or implied, including but not limited to warranties of accuracy, reliability, or fitness for a particular purpose. EDMARK does not warrant that the Website will be error-free, uninterrupted, or free of viruses or other harmful components.
5.2 LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, EDMARK and its officers, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website or your reliance on any information provided therein. In no event shall our total liability
exceed any fees you may have paid (if applicable) for accessing or using the Website.
5.3 HEALTH AND PRODUCT INFORMATION DISCLAIMER
The information provided on the Website is for general informational purposes only and is not intended as a substitute for professional advice. Always seek the advice of qualified professionals regarding any health, manufacturing, or product-related decisions. EDMARK does not guarantee the accuracy or completeness of any information provided and shall not be held liable for any errors or omissions.
6. PRIVACY & DATA PROTECTION
Your use of the Website is also governed by our Privacy and Cookie Notice, which explains how we collect, use, and protect your personal data. By using the Website, you consent to our data practices as described in that notice.
7. MISCELLANEOUS
7.1 AMENDMENTS
EDMARK reserves the right to amend these Terms at any time without prior notice. The most current version of the Terms will be posted on the Website, and your continued use of the Website constitutes acceptance of the updated Terms.
7.2 SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed from the remainder, which will continue in full force and effect.
7.3 ASSIGNMENT
EDMARK may assign or transfer its rights and obligations under these Terms at its sole discretion without notice to you. You may not assign any rights or obligations under these Terms without our prior written consent.
7.4 GOVERNING LAW & JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.
7.5 ENTIRE AGREEMENT
These Terms, together with our Privacy and Cookie Notice, constitute the entire agreement between you and EDMARK regarding your use of the Website and supersede all prior agreements or understandings.
