Terms & Conditions
Introduction
These are the Terms and Conditions for the Earth & Me website and E-commerce platform, which are operated and owned by Earth & Me Ventures (M) (PG0534644-K) (“Earth & Me”, “We”, “Us,” or “Our”).
- The use of the website for the purchase of our products is one of the services we provide or make available (“Services”). These Terms and Conditions govern your use of the Services provided by us as Users of the website (“Customer”, “User”, “you” and “your”), and you agree to be subject to them.
- Earth & Me reserves the right, at any time, to amend, modify, or update these Terms and Conditions without prior notice to you. You are advised to review this page on a regular basis to stay up to date on any changes to the Terms and Conditions.
- The Privacy Policy and the General Terms and Conditions govern and apply to anyone who accesses or uses the website. You are deemed to have agreed to be bound by and to comply with these Terms and Conditions and the Privacy Policy, including any amendments issued by us from time to time, by accessing and/or using the website.
Eligibility
By using this website, you confirm and guarantee that:
- You are at least eighteen (18) years old, or you are visiting under the supervision of a parent or guardian, and you are legally able of entering into a contract;
- When you use your password or identification, you are deemed to be authorised to access and use the Site in accordance with these Terms of Service, and Earth & Me has no obligation to look into the authorization or source of any such access or use of the Site;
- You shall not use any of our material or information on this Website for any unlawful or prohibited purpose as defined in these Terms and Conditions;
- You agree to be financially responsible for any charges, fees, or other sums incurred as a result of your use of this Website; and
- All information provided regarding yourself during membership registration is accurate and genuine.
Limited & Revocable License
We grant you a limited and revocable license to access and use the Services available on this website in accordance with the Terms and Conditions set forth below. This license does not include:
- Any commercial or resale use of this website or its contents;
- Any collection and use of product listings or descriptions;
- Any derivative use of this website or its contents;
- Any downloading or copying of account information for the benefit of another merchant;
- Any use of data mining, robots, or data gathering and extraction tools.
Except as expressly permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for commercial purposes without Earth & Me’s express written consent.
Account Registration
- Registration
- Register your Account by entering your personal information and creating a password, or by using your Facebook account, subject to the terms and conditions of third-party sites and links. Please ensure that you have read and agree to the terms of our Privacy Policy before creating an Account with us.
- You are solely responsible for keeping your password and identification secure and confidential. You must immediately notify us of any unauthorised use of your password or identification, as well as any other breach or threatened breach of the security of this website.
- You agree that we may update your payment information based on information supplied by your bank or credit card issuer, as well as other information made available to us. All such personal information is governed by our Privacy Policy, which is incorporated into these Terms and Conditions.
- Membership
- When you create an Account with us, you become an official and automatic member of Earth & Me.
- You agree to receive emails promoting any special offers as a member(s). We may also send you our monthly newsletter on occasion. You can adjust your email preferences in your account settings if you wish to no longer receive emails regarding special offers/promotions.
- You can cancel your membership at any time by contacting Earth & Me Support via email at hello@earthnme.co.
Billing & Payments
We accept all Credit/Debit cards issued by VISA and MasterCard, FPX Online Banking, GrabPay, ShopeePay, Touch n Go e-Wallet,Boost, etc. We do not accept cash or payments by cheque.
- If applicable, you may be charged a local sales tax. If your payment method is declined, we will continue to charge you until the transaction is approved. If the transaction cannot be completed, Customer Service may contact you directly to update your account information.
- We are not liable for any fees or charges imposed by your bank or credit card issuer. If your bank or credit card issuer reverses a charge on your credit card, we may bill your account directly and seek payment through another method, such as a mailed statement.
Campaigns/Promotion
If you participate in our promotions, giveaways, and/or contests (collectively referred to as the “campaign”), you fully accept these campaign terms and conditions (“T&C”) and acknowledge that you fulfill all eligibility requirements. Earth & Me reserves the right, at its sole discretion, to cancel any of the Campaigns or change the provisions of the Campaigns’ T&C, and such change shall take effect immediately upon publication.- Eligibility
By participating in this Campaign, you warrant to us that:-
- You are at least eighteen (18) years of age, or participating under the supervision of a parent or guardian and legally able to enter into a contract;
- All information provided in relation to the Campaign (if any) about yourself is genuine and accurate.
- How to Enter
- The entry procedure will be explained in the Campaign post on Earth & Me’s Official Instagram and/or any other social media platform owned by Earth & Me (hereinafter referred to as “the Platform”). Only entries that meet all of the requirements will be considered valid.
- Shipping
- Unless stated otherwise, the winner’s shipping address will be limited to a Malaysian address.
- Campaign Period
- The Campaign will begin and end on the dates specified on the Platform. Entries received after the deadline will be considered invalid.
- Prize
- The Campaign prize is the one specified on the Platform and is not transferable or exchangeable. Prizes are subject to availability, and we reserve the right, at our sole discretion, to substitute any prize with another of equal value without prior notice.
- The Winner
- Unless otherwise stated, the winner will be selected at random from among all valid entries.
- Earth & Me reserves the right to withdraw the prize from the winner and select a replacement winner if the winner cannot be contacted or does not claim the prize within five (5) business days.
- Earth & Me ‘s decision in all matters relating to the Campaign is final and not subject to review or appeal by any participant or third party.
- Personal Data
- By participating in a Campaign, each winner agrees that Earth & Me may use the winner’s name in any manner and medium for promotional purposes without additional approval or compensation, including posting in a winner’s list, on the Platform and/or other social media platform owned by Earth & Me.
- Limitation of Liability
- By participating in the Campaign, each participant agrees to release, discharge, and hold Earth & Me, its legal representatives, respective officers, directors, employees, and agents harmless from any and all damages suffered or sustained in connection with the Campaign or the acceptance of the prize.
Certifications/Accreditations
Kindly refer here for the list of certifications acquired. Disclaimer: This is confirmed to the best of our knowledge and based on our manufacturers’ statements and certifications provided.Cruelty-Free Products
Earth & Me does not conduct, commission, pay for, or permit animal testing for their ingredients, formulations, or finished products anywhere in the world and will never do so in the future.
Customer Rewards Programme
If you participate in our customer rewards programme (collectively referred to as the “rewards programme”), you fully accept these customer rewards programme terms and conditions (“T&C”) and acknowledge that you fulfill all eligibility requirements.
Earth & Me reserves the right, at its sole discretion, to cancel any of the Rewards Programme or change the provisions of the T&C, and such change shall take effect immediately upon publication.
- Eligibility
- The rewards programme is open to all customers with a registered Earth & Me membership account, who make purchases from Earth & Me. Participation in the rewards programme is voluntary and free of charge.
- Earning Rewards
- You receive one point for every RM1.00 spent on qualifying purchases. Upon completion of the transaction, points are credited to the customer’s account. Rewards points have no monetary value and cannot be converted into cash.
- Redemption
- You can redeem your rewards points for eligible rewards items listed on our website. Rewards items are subject to availability and may be changed or discontinued at any time without notice. Rewards points cannot be used to purchase gift cards or other forms of currency.
- Account Termination
- We reserve the right to terminate a customer’s rewards account for any reason, including, but not limited to, fraud, abuse of the rewards programme, or violation of these terms and conditions, at any time and without notice.
- Changes to our Terms & Conditions
- We reserve the right to change these terms and conditions without notice at any time. Our website will always have the most recent version of the terms and conditions.
- Limitation of Liability
- We are not liable for any damages, losses, or expenses incurred as a result of rewards programme participation, including, but not limited to, lost or stolen rewards points, lost or stolen rewards items, or any other claim arising out of or in connection with the rewards programme.
- Personal Data
- We are committed to protecting our customers’ privacy. Our privacy policy explains how we collect, use, and safeguard customer information. By participating in the rewards program, customers agree to our privacy policy.
Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, UNLESS EXPRESSLY SET FORTH OTHERWISE. EARTH & ME DISCLAIMS ALL WARRANTIES, EXPRESSED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EARTH & ME MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBPAGE’S FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE WEBSTORE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EARTH & ME MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE WEBSITE’S CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THIS CLAUSE SHALL APPLY TO THE EXTENT THE APPLICABLE LAW WOULD ALLOW FOR SUCH LIMITATIONS OR EXCLUSIONS ON SAID WARRANTIES.
Limitation of Liability
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THESE TERMS, EARTH & ME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE WEBSITE, EVEN IF EARTH & ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BECAUSE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Typographical Errors
If a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information, we reserve the right to refuse or cancel any orders placed for that product, whether or not the order has been confirmed and your bank or credit card has been charged. If your bank or credit card has already been charged for the purchase and your order is cancelled, we will credit your account in forty-eight (48) hours in the amount of the charge.
Intellectual Property
Earth & Me, its affiliates, partners, or licensors own all technology and content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”). The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are registered and unregistered marks in Malaysia and other countries of Earth & Me, its affiliates, partners, or licensors, and are protected by trademark laws. Without our prior written consent, the Content or Trademarks, or any portion of the Webstore, may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part.
Privacy
Registration information and certain other personal information about you are subject to our Privacy Policy, which is incorporated herein by reference. You acknowledge that the technical processing and transmission of this Webstore may entail (a) transmissions over various networks; (b) changes to conform and adapt to the technical requirements of connecting networks or devices. For more information, please see our Privacy Policy.
Third-Party Links/Sites
This website may contain links to third-party websites. We have no control over the linked sites, which each have their own privacy and data collection policies that are unrelated to Earth & Me. We are not responsible for, and do not endorse or accept responsibility for, the availability, contents, products, services, or use of any third-party website, any website accessed through a third-party site, or any changes or updates to such sites.These linked sites are provided solely for your convenience, and you access them at your own risk. You acknowledge that you bear all risks associated with accessing and using content provided on a third-party site, and you agree that we are not liable for any loss or damages you may suffer as a result of dealing with such a third-party site. If you have any concerns about such links or the content on any such third-party site, you should contact the site administrator for that third-party site.
Submissions
We appreciate your feedback and comments on our products and services. We cannot, however, accept or consider creative ideas, suggestions, or materials of any kind, and we ask that you not submit any creative ideas, suggestions, or materials of any kind to us. We hope you will recognise that the purpose of this policy is to avoid future misunderstandings when projects developed by Earth & Me or its affiliates’ professional staff appear to others to be similar to their own creative work. We urge that you refrain from sending us any original creative materials, including show designs, photographs, drawings, or original artwork. If you send us creative ideas, suggestions, or materials of any kind despite our request not to, it will be considered an unsolicited submission, and you acknowledge and agree that we may treat the said submission as non-confidential and non-proprietary in each instance and in all respects.
You agree that we have no obligation of confidentiality to you regarding such submission and that we will not be liable to you in any way for any use or disclosure of any of the said submissions. We may use any of the said submissions for any purpose whatsoever, including reproduction, disclosure, transmission, publication, broadcast, or posting, and you hereby irrevocably waive, release, and give up any claim that any use of such unsolicited submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas.
Notice Regarding Medical Advice
THIS WEBSITE PROVIDES NO MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS WEBSITE OR THROUGH ANY SERVICES ARISING FROM THIS WEBSITE OR ANY OF OUR SOCIAL MEDIA PLATFORMS IS INTENDED TO BE MEDICAL OR PROFESSIONAL ADVICE AND SHOULD NOT BE TAKEN AS SUCH. THE WEBSITE MATERIALS, INCLUDING TEXT, GRAPHICS, IMAGES, AND INFORMATION, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE WEBSITE IS NOT SUPPOSED TO REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK YOUR DOCTOR’S ADVICE OR ANOTHER QUALIFIED HEALTHCARE PROVIDER ON ANY QUESTIONS PERTAINING TO A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR WAIT TO SEEK IT BECAUSE OF INFORMATION OBTAINED FROM THIS WEBSITE. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL THE APPROPRIATE AUTHORITIES IMMEDIATELY.
Disputes
All rights and obligations, as well as all actions contemplated by these Terms and Conditions, shall be governed by and construed in accordance with Malaysian Law in the event of a dispute involving the Webstore.
- Any dispute relating to your visit to the Website shall be submitted to confidential arbitration in Malaysia, except that if you have in any way violated or threatened to violate Earth & Me’s and its affiliates’, partners’, or licensors’ intellectual property rights, we may seek injunctive or other appropriate relief from Malaysian courts.
- Arbitration under this agreement will be conducted in accordance with the Rules of Arbitration of the Asian International Arbitration Centre (Malaysia) (“AIAC”). The arbitration shall be conducted in English and will take place in Malaysia.
Termination
These Terms and Conditions apply to you upon your access to this Website. The provisions concerning Intellectual Property, Liability Limitations, and Disputes will survive any termination of these Terms and Conditions.