Please read these Terms and Conditions carefully before accessing and/or using any website or any electronic application owned and/or maintained by Optimized-Health Sdn Bhd (“Company”) and/or any of its affiliates or related corporations (“Website” and/or “APP”) and/or before making any purchase of product and/or packages through the Website and/or App.
By accessing and/or using the Website and/or App and/or making any purchase of product and/or packages through the Website and/or App, you hereby agree to be legally bound by these Terms and Conditions that are referenced herein or that shall apply to the use of the Website and/or App and/or the purchase of product and/or packages through the Website and/or App. If you do not accept these Terms and Conditions, please do not continue using the Website and/or App or making any purchase of product and/or packages through the Website and/or App.
2. PRODUCTS AND PACKAGES
3. SPECIFICATIONS, RISKS AND DISCLAIMERS
4. PERSONAL DATA AND RISKS
5. YOUR SUITABILITY
7.1 The purchase of the Product and/or Packages, may be subject to payments now or in the future. Please note that any payment term presented to you in the process of using or signing up for the Product and/or Package is deemed part of this Agreement. Please refer to the Website and/or App for pricing details: https://become.my/pricing/
7.2 Based on the Product and/or Package you have purchased, part of your payment for the Package may go directly to the Dental Practitioner for the Services and/or any part thereof. The payment by the Company to the Dental Practitioner for any of the Services provided to you are based solely on terms and conditions mutually agreed upon by the Company and the Dental Practitioner in consideration of, among others, a mutual collaboration. Nothing in this Clause or
this Agreement shall be interpreted to mean that the Company is providing dental services (including the Services) to you and/or carrying on the practice of dentistry and it shall not be interpreted to mean and/or imply that either party is an employee, agent or whatsoever of the other. For avoidance of doubt, the Company shall not be liable to pay:
7.3 The Company uses a third-party payment processor (“Payment Processor”) to bill you through a payment account linked to your account for the Product and/or Packages you purchase (“Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. By choosing to proceed, you agree to pay the Company, through the Payment Processor, all charges at the prices indicated on the order pages when you placed your order for the Product and/or Packages in accordance with the applicable payment terms and you authorise the Company, through the Payment Processor, to charge your chosen payment provider (“Payment Method”). You agree to make payments using that selected Payment Method. The Company uses reasonable care to ensure that the prices advised to you are correct. However, the Company reserves the right to correct any error or mistake that it makes even if it has already requested or received payment.
7.4 Instalment payment plans
7.4.1 Some of the Packages, such as the purchase of custom-made invisible braces and/or other products, may consist of an initial period, for which there is a one-time charge (“Down Payment”), followed by recurring period charges (“Monthly Instalment Payments”) as agreed to by you. By choosing an installment payment plan, you acknowledge that it has an initial and recurring payment feature and you accept responsibility for all recurring charges.
7.4.2. Down Payment is payable upon purchase of the Product and/or Package subject to the instalment payment plan.
7.4.3 For Monthly Instalment Payments, you are obliged to make payments every calendar month. Monthly payment should be done by you not later than in the 2 business days following the automatic credit card charge requested by the Payment Processor. Actual day of payment by you is taken as the day of receipt in the Company’s bank account. In case scheduled payment day falls on non-working day or gazetted public holiday, the payment day is transferred to the next business day.
7.4.4 In the event you default in Monthly Installment Payments for a period of more than thirty (30) consecutive days from the payment due date, the Company shall cease to provide the Product and/or any support under the Packages under this Agreement to you with immediate effect and the Company reserves the right to take whatever action deemed appropriate and necessary including terminating this Agreement, reporting you to CTOS/RAM Credit Information and initiating legal proceedings towards the recovery of the debt and any other damages applicable. The Company reserves the right to outsource its collection activities to third party collection agents. You hereby acknowledge and consent to the transfer of your Personal Data to such agents in regard of above procedure. The Company may without prejudice to any of its rights and remedies under this Agreement charge an overdue interest of 5% p.a., charged for each day of overdue on the payment in arrears. Late payment fee may be charged once per each late payment. Late payment fee may be included in the relevant Monthly Instalment Payments.
7.4.5 You shall not be entitled to terminate this Agreement without first making full early repayment. You have a right to make a full early repayment. Full early repayment amount is calculated by the Company upon your request. Full early repayment amount is calculated as a sum of total payments due, including all late payment and other fees, remaining outstanding principle, interest of current payment due and remaining amount payable under this Agreement. Partial early repayment is not allowed.
7.5 If the amount to be charged to your Billing Account varies from the amount you pre-authorised (other than due to the imposition or change in the amount of duty and taxes), you have the right to receive, and the Company shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
7.6 Contact and billing data:
7.6.1 You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date, and you must promptly notify the Company or the Payment Processor if your payment method is cancelled (e.g. for loss or theft), or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your user name or password.
7.6.2 You shall inform the Company immediately in writing or by email of any change to your contact details (namely, your address, contact number, and/or any other related information).
7.7 Free trials and other promotions that provide access to an instalment payment promotion must be used within the specified time of the trial. You may only purchase one (1) unit of each Product at the stipulated promotional discount. Each deal is subject to a time restriction. The order must be placed before expiration thereof to receive the promotional discount. Promotional discounts are non-transferrable, not for resale and not redeemable for cash. Promotional discounts are good only for specific Products featured. Subject to the applicable refund policies, if you return a Product purchased using a promotional discount, your refund will be equal to the amount you paid for the Product
7.8 For retainer subscriptions, this is an automatic renewal subscription service. Upon the expiration of the original term or any renewal term, the retainer subscription shall be automatically renewed for a one (1) year period unless, at least thirty (30) days prior to the renewal date, you give the Company written notice of your intent not to continue the subscription.
8. REFUND POLICY
8.1 Since the Product which is invisible braces is a customised product made to your individual specifications, we are not able to repurpose the produced invisible braces for you to others. Hence, we are unable to provide refunds for already purchased invisible braces.
8.2 If you have received a Product which is defective or damaged, please contact us at firstname.lastname@example.org to request a replacement thereof.
9.1 The Company may, without prior notice, and at its sole discretion, terminate this Agreement and/or terminate or suspend your right to access or use the Website and/or App and to block any future access and/or use of the Website and/or App by you, including but not limited to situations where it is determined that there is unauthorised use / access thereof in a manner that violates the laws of the applicable jurisdiction; threatens the security or otherwise harms the Company, the brand “Become”, personnel of the Company, or other users and third parties; you failed to pay for the Product and/or Packages when due and payable to the Company; you breached any of these Terms and Conditions in this Agreement; and/or you used the Website and/or App for any other purpose than the permitted purpose.
10. GOVERNING LAW AND JURISDICTION
10.1 These Terms shall be governed by, construed under and enforced in accordance with the laws of Malaysia. The parties shall use best efforts to settle any dispute, claim, disagreement, question or issue directly through good-faith negotiations. If the parties do not resolve some or all of the dispute through negotiation, then the parties agree to refer the issue(s) in dispute to mediation, which shall be a precondition to either party commencing any legal action. Any action in connection with, relating to or arising from this agreement shall be finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre for the time being in force (“AIAC Rules”). The tribunal shall consist of one (1) arbitrator to be appointed in accordance with the AIAC Rules. All arbitration proceedings shall be in the English language. The seat of arbitration shall be Kuala Lumpur. The decision of the arbitrator shall be final and binding.
11.1 Should you have any queries, complaints or require any assistance pertaining to the Products and Packages, the Company’s support team can be reached during business hours via the following email address:
Business Hours: Monday – Friday: 9am – 7pm.
12.1 You acknowledge and understand that the Company has the right to sell, assign or transfer its business and/or assign and/novate these Terms and Conditions and/or this Agreement to a third-party without your prior approval.
GENERAL NOTES ON THESE TERMS AND CONDITIONS