This Site, operating under the name "LabShop", is owned and operated by DKSH Technology Sdn Bhd (Company No. 47709T), a company incorporated in Malaysia and having its headquarters at DKSH TECHNOLOGY SDN. BHD (“DKSH" or "LabShop").
Payment processing, invoicing (including e-invoicing) and billing for all business-to-consumer ("B2C") purchases on LabShop are handled by Flexfin (operated by Intelligent Mobility System Sdn. Bhd. (Company No. 47709-T ), LabShop's appointed payment aggregator and billing partner for B2C transactions ("Flexfin"). Your personal data will be shared with Flexfin for payment processing in accordance with our Privacy Policy. For the avoidance of doubt, Flexfin's services do not extend to business-to-business ("B2B") transactions, which shall be subject to separate arrangements between DKSH and the relevant B2B customer. Flexfin is not the seller of any products listed on LabShop and makes no representations or warranties regarding the quality, fitness, safety, legality or availability of any products or services offered on LabShop. All product-related obligations, including product listing, pricing, order fulfilment, delivery and customer support, remain solely with DKSH (LabShop).
Disclaimer
1. Your access to and use of this Site as well as the services available through the Site (“Services”) is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing this Site and using the Services, you accept, without limitation or qualification, these Terms and Conditions.
2. If you do not accept these Terms and Conditions, please note that you are not allowed to access, use or download materials from this Site nor use any of the Services.
Eligibility
3. You represent and warrant that you are at least eighteen (18) years of age, in accordance with the Age of Majority Act 1971 (Malaysia), and that you have the legal capacity to enter into a binding agreement under the Contracts Act 1950 (Malaysia). If you are accessing or using the Site or the Services on behalf of a company, organisation or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms and Conditions. DKSH or LabShop reserves the right to refuse access to the Site or the Services to any person who does not meet the eligibility requirements set out herein.
Use of Site
4. The use of this Site and its contents is permitted for private, non-commercial use only. You may download, display, or print information from this Site (“Information”) solely for non-commercial personal use.
Account Registration and Security
5. In order to access certain features of the Site or to use certain Services, you may be required to register for an account. When registering, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form; (b) maintain and promptly update such information to keep it true, accurate, current and complete; and (c) maintain the confidentiality and security of your account credentials, including your username and password. You are solely responsible for all activities that occur under your account. You agree to notify DKSH or LabShop immediately of any unauthorised use of your account or any other breach of security. DKSH or LabShop shall not be liable for any loss or damage arising from your failure to comply with this clause. DKSH or LabShop reserves the right to suspend or terminate your account at any time if any information provided during registration proves to be inaccurate, false, outdated or incomplete.
Copyright and Proprietary Rights
6. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Information you download. You may not, however, copy, download, reproduce, print, publish, display, distribute, modify, update, transmit, reuse, repost, store, translate or use the content of the Site or parts thereof in any form for public or commercial purposes, including, for example, the text, images, illustrations, graphics, photographs, audio clips, video clips and audio-video clips, without prior written permission of DKSH or LabShop. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the prior written permission of DKSH or LabShop. Neither DKSH or LabShop nor any of its affiliates warrants or represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with DKSH or LabShop.
7. The Site and all information and materials contained therein, including but not limited to the design, layout, look, appearance, graphics, organisation of the contents of the Site, photographs, images, illustrations, text, video, music, sound, audio clips, logos, trademarks (whether registered or unregistered, figurative or otherwise), service marks, brand names, trade or business names, domain names, URLs and software (“Content”), are either owned by or licensed to DKSH or LabShop and are protected by applicable Malaysian legislation, including the Copyright Act 1987 and the Trademarks Act 2019, as well as applicable international intellectual property laws and treaties. The Site and the internet sites of DKSH or LabShop and its affiliates may also contain or reference patents, proprietary information, trade secrets, technologies, products, processes or other proprietary rights belonging to DKSH or LabShop, its affiliates and/or other parties. No licence to or right in any copyright, trademark, patent, trade secret or other intellectual property or proprietary right of DKSH or LabShop, its affiliates or of any other party is granted or conferred to you by virtue of your access to or use of this Site. DKSH or LabShop reserves all such rights.
Disclaimer of Warranties and Limitation of Liability
8. The Services and all information, contents, materials, products (including software) and other Services included on or otherwise made available to you through the Site are provided by DKSH or LabShop on an "as is" and on an "as available" basis, unless otherwise specified in writing. DKSH or LabShop makes no representations or warranties of any kind, express or implied, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose, as to the operation of the Site or the Services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Site, unless otherwise specified in writing. You expressly agree that your use of DKSH or LabShop's Site and Services is at your sole risk.
9. To the fullest extent permitted by applicable law, DKSH or LabShop and its affiliates disclaim all responsibility or liability whatsoever arising from or in any way connected with the use of this Site or its contents, and DKSH or LabShop and its affiliates will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Information contained on the Site. DKSH or LabShop and its affiliates also assume no responsibility, and shall not be liable for, any damages to, or viruses or worms that may infect, your computer equipment or other property on account of your access to, use of, or browsing the Site or your downloading of any materials, data, text, images, illustrations, graphics, photographs, video clips, audio clips or audio-video clips from the Site. DKSH or LabShop reserves the right to interrupt or discontinue any or all of the functionality of its Site and/or to revise or alter the pages of this Site or the contents thereof, respectively, or withdraw access to them, at any time, for any reason, without prior notification. Neither DKSH or LabShop nor its affiliates nor the DKSH Group entity controlling this Site accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of this Site, whether the result of actions or omissions of an entity of the DKSH Group or a third party.
10. To the maximum extent permitted by law, you also undertake that you will not claim any possible compensation from DKSH or LabShop or any of its affiliates, as well as from our licensors, service providers, managers or directors in any form, including but not limited to (a) losses; (b) damages not caused by DKSH or LabShop's breach; (c) indirect losses and damages; (d) losses or damages arising out or resulting from the use of the Site, the Services, the Contents, any Linked Site or the inability to use the same, or in connection with any failure of performance, delay in operation and transmission, interruption, error, omission, virus or Site failure; (e) losses or damages which you may incur, including without limitation as a result of: (i) your failure to safeguard your account credentials, (ii) any reliance placed by you on the accuracy and completeness of the Site, the Contents or the Information, or (f) any changes we may make to the Site, the Services, the Information and the Content, or (g) any temporary interruption or permanent cessation in the provision of the Services.
11. To the extent permitted by applicable law, you agree to indemnify DKSH or LabShop, DKSH or LabShop's affiliates, and their respective directors, non-executive directors and employees against any loss, liability, claim or requirement (even if claimed by third parties) caused by or arising out of: (a) your use of this Site and its Services; (b) your breach of these Terms and Conditions and/or any breach of your representations and warranties under these Terms and Conditions; (c) any material and/or information transmitted by you to DKSH or LabShop; and (d) any communication, information or material submitted by you to the Site, including any third-party claim or action against DKSH or LabShop in relation thereto, including in each case reasonable attorney's fees.
User Submissions
12. Any communication, information and/or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication, information or material to the Site, you grant DKSH or LabShop a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, display and create derivative works from such communication, information or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, DKSH or LabShop is free to use any ideas, concepts, knowhow, or techniques contained in any communication, information or material you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information, communication or material without restriction and without compensating you in any way. By submitting any communication, information or material to the server of DKSH or LabShop, for example, by e-mail or via the DKSH or LabShop world wide web pages, you agree that: (a) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any communication, information or material; (b) you own the communication, information or material or have unlimited right to provide it to DKSH or LabShop and DKSH or LabShop may publish the communication, information or material free of charge and/or incorporate it or any concepts described in it in the services or products of DKSH or LabShop without accountability or liability; and (c) you agree not to take action against DKSH or LabShop in relation to communication, information or material submitted by you.
Technical Inaccuracies
13. The Information may contain technical inaccuracies or typographical errors. DKSH or LabShop reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such Information, at any time without notice.
Product and Service Availability
14. DKSH or LabShop's sites may contain Information on its worldwide products and/or services or on worldwide products and/or services of its affiliates, not all of which are available in every location. A reference to a DKSH or LabShop product or service or to a product or service of one of its affiliates on a DKSH or LabShop internet site does not imply that such product or service is or will be available in your location.
Product Descriptions and Accuracy
15. DKSH or LabShop endeavours to ensure that all product descriptions, specifications, images, availability, pricing and other information displayed on the Site are as accurate as possible. However, DKSH or LabShop does not warrant that such descriptions, specifications, images, pricing or information are entirely accurate, complete, reliable, current or error-free. The colours, dimensions and other attributes of products as displayed on the Site may vary depending on your monitor, screen resolution and other display settings. DKSH or LabShop shall not be liable for any errors or omissions on the Site and reserves the right to correct any inaccuracy at any time without notice. All products are subject to availability. DKSH or LabShop reserves the right to discontinue any product at any time without notice. In the event that a product offered on the Site is not as described, your sole remedy shall be in accordance with the cancellation and refund policy set out in these Terms and Conditions.Linked Sites
16. Because DKSH or LabShop has no control over and do not endorse any of the sites (or the products or services referenced therein) to which the Site is linked and because DKSH or LabShop has not reviewed any or all of the sites to which the Site is linked, you acknowledge that neither DKSH or LabShop is responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk and without the permission of DKSH or LabShop. By making use of any such links, you understand that the legal statement and privacy policy of the linked site will apply and which may be different from those of DKSH or LabShop. You also agree that neither DKSH or LabShop have any control over the content of sites to which this Site is linked and cannot assume any responsibility for material and/or information created or published by such third-party sites.
Monitoring of Content
17. Although DKSH or LabShop may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, neither DKSH or LabShop is under any obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. DKSH or LabShop will fully cooperate with any law enforcement authorities or court order requesting or directing DKSH or LabShop to disclose the identity of anyone posting any such information or materials.
Forward-Looking Statements
18. This Site may contain forward-looking statements which are based on current plans, estimates and projections, with regard to which DKSH or LabShop shall in no way be liable. These statements involve inherent risks and uncertainties, many of which are outside the control of DKSH or LabShop. DKSH or LabShop undertakes no obligation to update any of these statements in light of new information or future events.
Terms and Conditions Modifications and Severability
19. DKSH or LabShop may at any time revise, without prior notice, these Terms and Conditions by updating this posting. You are bound by any such revisions immediately upon posting of such revision or modification and should therefore review these Terms and Conditions every time you use this Site. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Data Protection and Privacy
20. Any personal data collected through this Site shall be processed in accordance with the Personal Data Protection Act 2010 (Malaysia) and DKSH or LabShop's Privacy Policy. By accessing and using this Site, you acknowledge that DKSH or LabShop may collect, use, process and disclose your personal data in accordance with the Privacy Policy, which forms an integral part of these Terms and Conditions. DKSH or LabShop shall take reasonable steps to protect your personal data from any loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction in accordance with applicable law.
Governing Law and Jurisdiction
21. These Terms and Conditions and all legal relations between you and DKSH or LabShop shall be governed by and construed in accordance with the laws of Malaysia. You agree to submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute arising out of or in connection with these Terms and Conditions or your use of this Site.
Pricing and Taxation
22. All prices displayed on this Site are denominated in Malaysian Ringgit (MYR) unless otherwise stated. Prices displayed are inclusive of applicable Sales and Service Tax (SST) imposed under the Sales Tax Act 2018 and the Service Tax Act 2018 (Malaysia), unless expressly indicated otherwise. All prices on the Site are indicative and subject to confirmation. DKSH or LabShop reserves the right to amend prices at any time without prior notice, provided that any such amendment shall not affect orders which have already been confirmed by DKSH or LabShop.
23. The display of products and services and their prices on the Site constitutes an invitation to treat and shall not be construed as a binding offer by DKSH or LabShop. Your submission of an order through the Site constitutes an offer to purchase the products and/or services specified in such order, subject to these Terms and Conditions. DKSH or LabShop reserves the right to accept or reject any order at its sole discretion. A binding contract between you and DKSH or LabShop shall only be formed upon DKSH or LabShop's issuance of an order confirmation to you by electronic mail or through the Site (“Order Confirmation”). DKSH or LabShop reserves the right to cancel any order prior to delivery, including but not limited to circumstances where: (a) the product is unavailable or out of stock; (b) there is an error in the pricing or product description on the Site; (c) DKSH or LabShop is unable to verify your identity or payment information; or (d) DKSH or LabShop suspects fraud or unauthorised activity. In the event of such cancellation, DKSH or LabShop shall notify you and arrange for a full refund of any payment already received.
Notwithstanding any other provision herein, DKSH or LabShop reserves the right, at its sole discretion, to cancel or decline any order where the displayed price was incorrect due to a system glitch, technical error, data entry error or other inadvertent cause ("Pricing Error"). In such event, DKSH or LabShop may: (a) cancel the order and issue a full refund (inclusive of payment processing fees); (b) contact you to offer the correct price, with you having the option to accept or cancel the order; or (c) honour the displayed price where the discrepancy is, in DKSH or LabShop's sole determination, immaterial. DKSH or LabShop shall have no liability for any loss arising from cancellation due to a Pricing Error, and your sole remedy shall be a refund of amounts paid.
Payment Terms
24. All payments for products and services ordered through the Site by B2C customers shall be processed by Flexfin, LabShop's appointed payment aggregator and billing partner for B2C transactions. Payment methods available through Flexfin for B2C transactions may include credit card, debit card, online banking (FPX), e-wallet or such other electronic payment methods as may be made available from time to time. Payment shall be due at the time of placing an order unless otherwise specified by DKSH or LabShop. By completing a B2C purchase on LabShop via Flexfin, you acknowledge and agree that: (a) payment processing and invoicing (including e-invoicing) for your order will be handled by Flexfin; (b) you will be redirected to Flexfin's secure payment page to complete your payment and, upon successful payment, you will be redirected back to LabShop; (c) upon successful payment, you will receive your order confirmation and invoice via electronic mail from Flexfin; (d) you have read and accepted Flexfin's Terms and Conditions, Privacy Policy and Refund Policy; (e) LabShop (and not Flexfin) will handle all product fulfilment, delivery and customer support; and (f) any refund is subject to these Terms and Conditions and Flexfin's Refund Policy, and in the event of any inconsistency between these Terms and Conditions and Flexfin's policies, these Terms and Conditions shall prevail to the extent permitted by law.
For the avoidance of doubt, B2B transactions shall be subject to separate payment arrangements between DKSH or LabShop and the relevant B2B customer and shall not be processed through Flexfin. Payment for B2B transactions shall be made in accordance with the payment terms agreed between DKSH or LabShop and the relevant B2B customer, and invoicing for such transactions shall be issued directly by DKSH or LabShop. B2B customers shall be required to complete the applicable customer onboarding process prior to placing orders on the Site.
You represent and warrant that you are authorised to use the payment method selected and that the payment information provided is true, accurate and complete. DKSH or LabShop reserves the right to verify your payment details before processing any order. In the event that payment is declined, unsuccessful or cannot be processed for any reason, DKSH or LabShop shall not be obliged to fulfil the order and may cancel the order without liability. Where payment is not completed within the required timeframe, the order shall be automatically cancelled. DKSH or LabShop shall not be responsible for any charges, fees or penalties imposed by your bank or payment service provider in connection with your use of any payment method.
Delivery and Shipping
25. DKSH or LabShop shall deliver products ordered through the Site to the delivery address specified by you at the time of placing the order, subject to the delivery areas serviced by DKSH or LabShop as indicated on the Site. Delivery timelines as indicated on the Site or in the Order Confirmation are estimates only and are not guaranteed. DKSH or LabShop shall not be liable for any delay in delivery caused by circumstances beyond its reasonable control. Shipping and delivery charges, if applicable, shall be as displayed on the Site at the time of placing the order and shall be payable by you unless otherwise stated. Risk in the products shall pass to you upon delivery of the products to the delivery address specified by you or to your authorised representative. You shall inspect the products upon delivery and notify DKSH or LabShop of any damage, defect or discrepancy within forty-eight (48) hours of receipt, failing which the products shall be deemed to have been accepted by you in good condition.
Cancellation and Refund Policy
26. Cancellation of Orders. All order cancellations are subject to DKSH or LabShop's prior written approval at its sole and absolute discretion. DKSH or LabShop reserves the right to accept or reject any cancellation request without providing reasons. You must submit cancellation requests in writing prior to dispatch. DKSH or LabShop shall not accept cancellation requests for products already dispatched or delivered.
Where cancellation is requested by you for reasons other than a defect, damage, out-of-stock condition or other cause attributable to DKSH or LabShop or its suppliers ("Change of Mind Cancellation"), you acknowledge and agree that: (a) all applicable payment processing fees, gateway charges and transaction fees shall be non-refundable and borne solely by you; (b) any refund shall be the order amount less such fees; and (c) neither DKSH or LabShop nor Flexfin shall have any liability for such deductions.
Where cancellation arises due to circumstances attributable to DKSH or LabShop, including the product being out of stock, extended lead times, discontinuation of production or delivery of damaged or defective products ("LabShop-Attributable Cancellation"), you shall receive a full refund inclusive of payment processing fees. Whether a cancellation qualifies as a LabShop-Attributable Cancellation shall be determined by DKSH or LabShop in its sole discretion.
All approved refunds shall be processed by Flexfin to your original payment method within seven (7) to fourteen (14) working days from the date of approval, subject to payment gateway processing times and bank settlement schedules. DKSH or LabShop shall not be liable for any delays caused by your bank or any third-party payment processor. DKSH or LabShop's total refund liability shall in no event exceed the purchase price paid by you for the relevant product(s). Subject to the Consumer Protection Act 1999 (Malaysia) and any other applicable mandatory legislation, nothing in this clause shall limit or exclude any rights you may have under applicable consumer protection legislation.
Marketing Communications
27. DKSH or LabShop may, with your prior consent, send you marketing, promotional or informational communications by electronic means, including by e-mail or short messaging service (SMS). You may withdraw your consent and opt out of receiving such communications at any time by following the unsubscribe instructions contained in each communication or by contacting DKSH or LabShop through the contact details provided on this Site. All such communications shall comply with the Communications and Multimedia Act 1998 (Malaysia) and any applicable content codes or guidelines issued thereunder.
Termination of Access
28. DKSH or LabShop reserves the right, at its sole discretion and without prior notice, to suspend, restrict or terminate your access to the Site and/or the Services, in whole or in part, at any time and for any reason, including but not limited to: (a) your breach of any provision of these Terms and Conditions; (b) your engagement in any conduct which DKSH or LabShop, in its sole discretion, considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, fraudulent or otherwise objectionable; (c) a request by law enforcement or other governmental authority; (d) discontinuance or material modification of the Site or the Services; or (e) unexpected technical or security issues. Upon termination or suspension, your right to use the Site and the Services shall immediately cease. Any provisions of these Terms and Conditions which by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification obligations and limitations of liability. DKSH or LabShop shall not be liable to you or any third party for any termination or suspension of your access to the Site or the Services.
Force Majeure
29. DKSH or LabShop shall not be liable for any failure or delay in performing any obligation under these Terms and Conditions where such failure or delay results from any cause beyond the reasonable control of DKSH or LabShop, including but not limited to acts of God, natural disasters, epidemics, pandemics, flood, fire, earthquake, war, terrorism, civil unrest, strikes, lockouts, industrial action, governmental orders or restrictions, failure of telecommunications networks, power failure, internet or computer equipment failures, or any other event of force majeure. In the event of such force majeure, DKSH or LabShop's obligations under these Terms and Conditions shall be suspended for the duration of such event.
In the event of any inconsistency between these Terms and Conditions and any terms, policies or conditions published by Flexfin (including Flexfin's Terms and Conditions, Privacy Policy and Refund Policy), these Terms and Conditions shall prevail to the extent of such inconsistency.
Framing and Inline Linking
30. Framing of this Site by sites or site elements of parties not part of the DKSH Group is not permitted. Inline linking or any other manner of incorporating parts of this Site in sites of parties not part of the DKSH Group is equally prohibited.
Contact Information
31. For any queries, complaints, feedback or notices relating to the Site, the Services or these Terms and Conditions, you may contact DKSH or LabShop at the following address: DKSH Technology Sdn Bhd, B-11-01, The Ascent, Paradigm, No. 1, Jalan SS 7/26A, Kelana Jaya, 47301 Petaling Jaya, Selangor Darul Ehsan, Malaysia or by electronic mail at support.labshop.my@dksh.com DKSH or LabShop shall endeavour to respond to all enquiries within a reasonable time.