Terms of Service

  1. INTRODUCTION

1.1        Welcome to the Stemtech platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a Stemtech account (“Account”) so that you are aware of your legal rights and obligations with respect to Stemtech and its affiliates and subsidiaries (individually and collectively, “Stemtech”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by Stemtech client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Stemtech.

1.2        The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Stemtech is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Stemtech is not involved in the transaction between Users. Stemtech may or may not pre-screen Users or the Content or information provided by Users. Stemtech reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Stemtech cannot ensure that Users will actually complete a transaction.

1.3        Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4        Stemtech reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Stemtech may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Stemtech may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5        Stemtech reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING STEMTECH SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HERE UNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

  1. PRIVACY

2.1        Your privacy is very important to us at Stemtech. To better protect your rights we have provided the Stemtech Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Stemtech collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:

(i)           consent to Stemtech’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(ii)          agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Stemtech; and

(iii)         shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Stemtech’s prior written consent.

2.2        Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

  1. LIMITED LICENSE

3.1        Stemtech grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Stemtech and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2        You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Stemtech. You acknowledge that Stemtech may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

  1. SOFTWARE

Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Stemtech reserves all rights to the software not expressly granted by Stemtech here under. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Stemtech.

  1. ACCOUNTS AND SECURITY

5.1        Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that Stemtech, in its sole discretion, finds offensive or inappropriate, Stemtech has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Stemtech has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2        You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Stemtech of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Stemtech will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3        You agree that Stemtech may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Stemtech deems necessary. Grounds for such actions may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, or (e) behaviour that is harmful to other Users, third parties, or the business interests of Stemtech. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Stemtech may terminate your Account immediately with or without notice.

5.4        Users may terminate their Account if they notify Stemtech in writing (including via email at [email protected]temtech.com.my) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Stemtech after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Stemtech shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Stemtech.

5.5        You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

  1. CANCELLATION, RETURN AND REFUND

6.1     Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Stemtech Guarantee Account.

6.2     Buyer may apply for the return of the purchased item and refund prior to the expiry of Stemtech Guarantee Period, if applicable, subject to and in accordance with Stemtech’s Return Policy. Please refer to Stemtech’s Return Policy for further information.

6.3     Stemtech reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Stemtech Guarantee Account.

6.4     If you have redeemed Stemtech Coin for your transaction and you are successful in obtaining a refund based on Stemtech’s Refunds and Return Policy, Stemtech shall refund the monies you have actually paid for the item and credit back any redeemed Stemtech Coin to your Account separately.

6.5     Stemtech does not monitor the cancellation, return and refund process for offline payment.