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Terms and Conditions
This site is operated by Vitapack Nutrition (M) Sdn. Bhd. under company registration number (1243339-K). By accessing or using the websites, mobile applications, or blogs, as well as our Facebook, Instagram, Twitter, and other social media or interactive pages (collectively, the “Sites”) provided by Vitapack or our subsidiaries or other affiliates (collectively, “Vitapack,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites, take our Vitapack Health Assessment, or order or receive vitamins and nutritional supplements or other products made available through the Sites (collectively, the “Products”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services, or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
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Description and Use of the Platform
- Vitapack provides vitamins and nutritional supplements packaged for daily use and other Products. Through our platforms, including our website www.vitapacknutrition.com (the “Website”), mobile application and interaction by telephone, e-mail, chat or other media with our nutritionists that provide a link to this privacy policy (collectively, the “Platform”), we offer health and wellness recommendations based on information you provide and subscription services (“Services”) for the vitamins and nutritional supplements purchased through our Platform.
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Eligibility
- The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Sites, (d) have not engaged in any activity that could result in suspension or removal from the Sites, (e) do not have more than one Vitapack account, and (f) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
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Community Guidelines
By accessing and/or using the Sites or the Platform, you hereby agree to comply with these community rules and that:
- You will not use the Sites or the Platform for any unlawful purpose.
- Subscribers may not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme.
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You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
- is false, deceptive, misleading, deceitful, or misinformative
- infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information
- You will not access or use the Sites or the Platform to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Sites or Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Sites or the Platform; and
- You will not interfere with or attempt to interrupt the proper operation of the Sites or the Platform through the use of any virus, device, information collection or transmission mechanism, software, or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data.
We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Services, without notice, and remove any User Content that does not adhere to these guidelines.
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Registration, Account and Communication Preferences
- In order to access and use certain areas or features of the Sites, you will need to register for a Vitapack account. By creating an account, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
- By creating a Vitapack account, you also consent to receive electronic communications from Vitapack (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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Terms of Sale
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Subscriptions
- Vitapack Subscribers receive shipments approximately every four weeks with a twenty-eight supply of vitamins and nutritional supplements, packaged for daily use in individual, personalized packets.
- Persona provides an automatically recurring subscription service. As part of our subscription service, every four weeks you will receive a package from Vitapack including your order of vitamins and supplements. You can find specific details regarding your order and the Vitapack Service (“Account”) by accessing the Site and accessing your Account details.
- When you register, you expressly acknowledge and agree that (a) Vitapack (or our third party payment processor) is automatically authorized to charge you every four weeks for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the sites or products in accordance with these terms. you acknowledge and agree that persona will not obtain any additional authorization from you for such automatic, recurring payments. You may skip your recurring order as often as you would like by managing your delivery schedule on your delivery schedule page.
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Cancellation
- Your subscription will automatically renew until you cancel. You may cancel by logging into your account from the Vitapack website or mobile app and following the prompts under pause subscription and following the instructions you receive. You may cancel at any time, but if you cancel after your next shipment has been prepared or shipped you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your subscription. In the event you cancel your Subscription, please note that we may still send you promotional communications about Vitapack, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
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Free Trials
- From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.
- Once your free trial ends, we (or our third party payment processor) will begin billing your designated payment method on a recurring basis for your subscription (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the end of your free trial. Instructions for cancelling your subscription are described in section 6.1 above. please note that you will not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. we reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
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Payment and Billing Information
- By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Vitapack account, you can do so at any time by logging into your account and editing your payment information.
- You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
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Taxes
We will collect applicable sales tax on Products shipped to all jurisdictions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
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Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier.
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Deliveries
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Order is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
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Reselling
You are not permitted to resell or otherwise use the Products for commercial purposes.
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Return and Refunds
- If you received a Product with defects, please contact us within thirty (30) days of the date your first order was received and we will either replace the Product at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that item.
- We may require the return or photographic documentation of any Product with which you are dissatisfied before we provide you a replacement, credit, or refund.
- The packaging should also be in original condition in original shipping container as received. If the Product has been used or damaged by the User, there will not be any refund.
- We are not responsible for the validation of the address provided at checkout and will not provide returns, refunds or replacement orders for address errors provided at checkout beyond 30 days of the first order.
- All return or refunds are subjected to approval and we reserve the right to make final judgement.
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Proprietary Rights to Content
- All materials contained in this website are copyrighted except where explicitly noted otherwise.
- User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this website (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User is not permitted to copy, reproduce, distribute or create derivative works from this Content or use this Content other than as expressly authorized by this Agreement without Vitapack’s prior, express authorization.
- We do not claim any ownership interest in your User Content. However, by uploading, posting, or submitting User Content to the Sites, including to our pages or feeds on third party social media platforms (e.g., Vitapack’s Facebook page, Instagram page or Twitter feed), you hereby grant Vitapack a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, and your name, likeness, voice in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and non-commercial purposes.
- By uploading, posting, or submitting User Content to Vitapack through the Sites, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Vitapack to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation, or third-party right.
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Third Party Sites
- Vitapack may provide Users with links to other websites. These third party sites are not under the control of Vitapack and User acknowledges that Vitapack is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Vitapack shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s website. In general, you should be cautious about using materials, including software, provided by websites unless you trust the owner and operator of the website.
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Disclaimers
- You are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use, and consumption of the products you receive from us. You are also solely responsible for knowing about any food allergies you may have and verifying the products and their contents before handling, preparing, using, or consuming such products. Further, you understand, acknowledge and agree that we store, portion, and package products containing all Allergens (milk, wheat, egg, soy, fish, shellfish, peanuts, and treenuts) and cannot guarantee that cross-contamination will not occur between products.
- We attempt to display the products and other materials and information you view on the sites, including pricing and nutritional information, as accurately as possible. However, we do not guarantee the accuracy of such materials and information and are not responsible for any claims arising or resulting from your reliance thereon. In the event of an error on our sites, in an order confirmation, in processing or delivering an order, or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a refund. You further agree that the products and other materials you receive in your order may vary from the products and materials displayed on the sites due to a number of factors, including, without limitation, system capabilities and constraints of your computer, manufacturing process or supply issues, the availability and variability of products, distinct cooking or other preparation methods, and variability of cooking equipment and appliances.
- The sites may contain information about products that are not available in every location. A reference to a product on the sites does not imply or guarantee that it is or will be available in your location or at the time of your order.
- Except as may be provided in a warranty by the manufacturer of a product, all products and the sites and content are provided on an “as is” basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, persona disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the sites, content and products, any warranties that arise from trade usage or custom, and any warranties that the sites or products will be free and clear from any adverse lien or security interests. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
- We reserve the right to change any and all content and to modify, suspend, or stop providing access to the sites (or any features or functionality of the sites) and the products at any time without notice and without obligation or liability to you.
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Limitation of Liability
- User expressly understands and agrees that Vitapack shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exempt or otherwise) resulting from any use of, or inability to use, this website, or resulting from any errors or omissions in the content of this website, regardless or the basis upon which liability is claimed, even if Vitapack has been advised of the possibility of such loss or damage.
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