Terms and Conditions
This website is intended for Malaysian audiences only and we may not be able to respond to those outside Malaysia.
- To transmit via or through the Website any information, data, text, images, files, links, or software except in connection with your authorised use of this Website;
- Introduce to the Website viruses or any code which interferes or tampers with any component of this Website
- Obtain unauthorised access to any computer system;
- Impersonate any other person;
- Invade the privacy or violate any personal or proprietary right of any person or entity;
- Misrepresent the identity of a user or use a false e-mail address;
- Tamper with any component of this Website;
- Conduct fraudulent activities;
- Collect, process or disclose any information regarding other users of the Website, regardless of whether or not the information is publicly visible.
All content on the Website including, but not limited to, the text, software, scripts, graphics, photographs and others (collectively, the “Content”), the trade dress of the Website and any and all trademarks, service marks and logos contained therein, are owned by or licensed to Mama’s Choice, and subject to copyright and other intellectual property rights under Malaysia.
Nothing contained on the Website may be construed as granting any right or license to use, copy or imitate any Content or trademarks, service marks and logos without the prior written consent of Mama’s Choice. We reserve all rights not expressly granted in and to the Content, trademarks, service marks and logos.
You agree to hold yourself responsible for all text, images, and all other forms of data communication, collectively known as User Generated Content (henceforth referred to as “UGC”) that you transmit or submit to, through, or in connection with use of the Website. Such UGC includes reviews, ratings, and information that you publicly display on your profile. You assume all the risks associated with your UGC. You warrant that your UGC does, and will not infringe any third party’s intellectual property and that you own, or have been granted necessary permissions to use and authorise the use of the UGC. You should refrain from using UGC which is defamatory, false, infringing, offensive, harassing, obscene, or otherwise unlawful, as you may expose yourself to associated ramifications. Mama’s Choice is not responsible for your UGC, and while we encourage you to interact with our Website and produce UGC, we also advise you to use discretion and discernment as you are ultimately responsible for them.
In addition, you agree that:
- you grant to Mama’s Choice a royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from your UGC;
- you grant to Mama’s Choice all rights necessary to publish or refrain from publishing your name and address in connection with your UGC as governed by the PDPA laws of Malaysia, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Website;
- you grant to Mama’s Choice all rights necessary to take action to prevent the subsequent collection, display, processing and distribution of your Content by any other party;
- you are solely responsible for your reviews and ratings;
- Mama’s Choice will screen and review all UGC posted by our users to the Website to ensure a safe and healthy experience for all users;
- Mama’s Choice may, in our sole discretion, choose to remove or not to remove reviews and ratings once published;
- The reviews and ratings which you have provided are your own, and do not reflect the views of Mama’s Choice, its officers, managers, owners, employees, agents, designees or other users.
While we constantly moderate the UGC uploaded to the website to ensure that all UGC complies with the guidelines as mentioned above, you agree that you shall not hold Mama’s Choice liable for any UGC uploaded to the site, regardless of whether or not it is in breach of the aforementioned guidelines.
Limitation of Liability
In no event shall Mama’s Choice, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the site or any information contained thereon or stored or maintained by Mama’s Choice, whether based upon warranty, contract, tort, or otherwise, even if Mama’s Choice should have known of the possibility of such damages or losses. Without limiting the foregoing, in no event shall Mama’s Choice, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of Mama’s Choice.
You hereby acknowledge that the preceding paragraph shall apply to all content, Products, UGC, trademarks, logos and services available through the Website. In the event that this limitation of liability is not permitted by Malaysia law, the preceding paragraph shall be limited to the fullest extent permitted by said law.
To the fullest extent permissible by applicable law, Mama’s Choice disclaims all warranties of any kind, including the implied guarantees of fitness or effectiveness for a particular purpose with respect to the products and services listed on the Website. Mama’s Choice expressly disclaims all liability for product defect or failure, inefficacy of the product despite following usage guidelines, product misuse or modification and/or abuse. We strongly advise you to read the product ingredient description closely, as Mama’s Choice shall not be liable for any allergic reactions or intolerance to the Products. The ingredient description used in each of our products is available next to the product page itself on this Website.
Services and website pages
Mama’s Choice shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services we provide and/or any page of this Website.
The data and information on this Website, especially on our blog, are of an informational nature, and shall not in any way be deemed to constitute an offer or provision of expert advice. While we endeavour to ensure that facts are appropriately cited by credible sources, we shall not be liable for their accuracy. You should, at all times, consult a qualified expert to obtain advice and/or independent verification of the information and data obtained herein before acting upon it. You agree not to hold us responsible for any outcomes or consequences arising as a result of acting upon any content stated within our Website, including but not limited to: Blog posts. Furthermore, an arrangement made between you and a third party as a result of visiting our Website remains your sole responsibility. Mama’s Choice will not be held for any relationship, interaction or transaction between you and a third party, and we do not endorse or approve any products or services advised by a third party.
This Website contains links to other websites on the Internet. You acknowledge that we have no control over such websites, and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to a third party, third party website or third party product or service be construed as an endorsement by us of that third party, third party website or of any third party product or service.
Customer and Agency Relationship
No agency, partnership, joint-venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between Mama’s Choice and any user or merchant.
Except as explicitly stated otherwise, any legal notices shall be served to the email address provided to us by you during registration (to you). Notice shall be deemed given 48 hours after the email is sent, unless the sending party is notified that the email address is invalid. In such a scenario, you acknowledge and consent to our use of your personal data provided in your registration to contact you through other means, including but not limited to: phone calls, texts, and direct mail.
Applicable Law and Jurisdiction
These Terms and Conditions are governed by and to be interpreted in accordance with the laws of Malaysia and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise the Malaysia courts will have exclusive jurisdiction over such dispute, unless mandatory applicable law requires otherwise.