Checkout

Terms of Use

Please read these terms & conditions of the user agreement (“Terms”) carefully.

These Terms constitute a legally binding agreement between you (“you” or “your”) and Dolce (M) Sdn. Bhd. (“Company”, “we”, “us” or “our”). By accessing or using the Website (defined below) or any part of it, you accept and agree to be bound by our Terms and the Privacy & Data Protection Policy.

In these Terms, “Services” includes any services provided by or through:

• the websites owned and operated by the Company;
• any official social media channels created by us on any social media platforms (including but not limited to Facebook, Instagram, YouTube, Twitter, LinkedIn, Telegram and WhatsApp) (the “Channels”);
• all other applications, services and/or products provided, operated and owned by the Company, that are presently offered, or to be offered in the future;
• any information, materials, software, products, services and content provided by the Company or otherwise available through the Website and/or Channels (including any linked information);
• artwork, photos, video and audio content on the Website and Channels; and
• all updates to the aforementioned items.

The Company reserves the right to change, modify, add or remove any of terms contained in these Terms, at any time, for any reason. We will provide notice of such amendments by posting the revised Terms on the Website and/or Channels, or by providing written notice in any other manner at the Company’s sole discretion, and such amendments shall be effective immediately upon posting, and shall apply to your subsequent access to or use of the Services. You acknowledge that by continuing to access or use our Services after we have posted changes to these Terms, you are expressly agreeing to such modified terms.

1. Eligibility to Use & Access Website

• By accessing or using the Services, you represent and warrant that:
  • you are not prohibited by the laws of your country you reside in from accessing or using the Services, in accordance with these Terms; and
  • you are not a minor, i.e., you are at least 18 years of age, or the age that the law in the country you reside in requires for you to legally access or use the Services, whichever is higher.
  • if registering on behalf of a minor, you must be authorized to act on behalf of such person and you must be a parent or legal guardian of the minor. You also accept these Terms and agree to take responsibility for (i) the minor’s actions; (ii) any charges associated with the minor’s use of any of the Services; and (iii) your acceptance and compliance with these Terms.
  • you may only use the Services in accordance with these Terms. You shall not directly, or indirectly (by assisting or encouraging any other party):
  • breach any applicable laws or regulations

2. User Account

• In order to access and use some of the Services, you (“User”) may be required to create an account with the Company (“User Account”). You agree to: (a) provide accurate, current and complete information when creating or updating the User Account; (b) maintain and promptly update the User Account information; (c) maintain the security and confidentiality of your login credentials and restrict access to your User Account and your computer; (d) promptly notify the Company if you discover or otherwise suspect any security breaches related to the Services; and (e) take responsibility for all activities that occur under your User Account and accept all risks of unauthorised access.
• Account security: As part of your User Account or through the use of the Services, you may receive a username and password (or other means of authentication or by which you can control access to the data, information and services provided by the Company) (“Access Code”). You shall be solely responsible for maintaining the confidentiality of the Access Code and security of your User Account and such devices on which the Services are accessed. Accordingly, you shall be solely and completely responsible for any and all acts or omissions that occur using the Access Code or through your User Account, whether lawful or unlawful. You must inform the Company immediately of any unauthorised use of your Access Code, User Account or any other breach of security. You further agree to accept all risks of unauthorised access to your User Account, data or any other information or content you provide to the Company.
• The Company reserves the right, without prior notice, and at its sole discretion, to terminate or suspend your right to access or use the Services, and to block any future access or use of the Services by you, including but not limited to situations where it is determined that there is unauthorised use / access of the Services, or the Services are used / accessed in a manner that violates the laws of the applicable jurisdiction; threatens the security or otherwise harms the Company, personnel of Company, or other users and third parties; the User fails to pay any fees related to the Services when due and payable to the Company; the User breaches any of these Terms; and/or the User uses the Services for any other purpose than the permitted purpose set out above.
• In addition, if you have breached any provision of these Terms, you agree that we may apply for injunctive relief and/or take any other action against you that we deem necessary.
• We reserve the right to view, monitor, and record your activity with regard to our Services, Website, and/or Channels without notice to or further permission from you, to the fullest extent permitted by, or as required by applicable law. Any information obtained by monitoring, reviewing, or recording is also subject to review by governmental or law enforcement organisations in connection with the investigation or prosecution of possible criminal activity on any of our websites, apps or platforms. We will also comply with all applicable laws and court orders that require us to provide such information.

3) Payments

• Upon registering for a User Account, you will be permitted to use the Services that are designated as free, from time-to-time. The prices and features depend on the product you choose. The Company reserves the right to increase the fees or introduce any new fees at any time, with reasonable notice by an amendment to these Terms.
• Refund Policy: If you have deemed any of the Services unsatisfactory, a written explanation through your Feedback is needed before we may, at our sole discretion, consider a refund. Each case will be assessed on a case-by-case basis.
• If you provide us with your payment information, you consent and authorise us (and the relevant third-party service providers, payment card networks and payment processers) to receive, store and encrypt your payment information.

4) Personal Data

• All personal data provided by and/or collected from you by the Company will be treated as confidential information, in accordance with the Company’s Data Protection & Privacy Policy.

5) Assumption of Risk

While we have endeavored to create secure and reliable websites, apps and platforms, please be advised that the confidentiality of any communication or material transmitted to/from in the course of your access and/or use of the Services cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted via the Internet. We shall have no liability for interruptions or omissions in internet, network or hosting services. You assume the sole and complete risk of using the Services.

6) Warranty Disclaimer

• Information provided on the Website and Channels are for informational purposes only, and are not exhaustive. The information are provided on an ‘as is’ and ‘as available’ basis by the Company, without any express or implied warranty. The Company provides no guarantee as to the performance or the uninterrupted, or secure availability of the Services. The Company does not represent or warrant that the information are accurate, complete, reliable, current or error-free. While the Company attempts to make your access and use of the Services safe, the Company cannot and does not represent or warrant that the Website or its server(s) are free of defects, viruses, malware or other harmful components. The Company shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Services, in any manner.
• We make no representation or warranty that any materials made available to you as a part of the Services are appropriate or available for use in any particular locations, and access to them from territories where any of the contents of our Services are illegal is prohibited. If you choose to access our Services from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws, rules and regulations. We may limit availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. You agree and acknowledge that no oral or written information or advice given by us or any of our employees, representatives or agents in respect to our websites, apps or platforms shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms by a written agreement.
• Any information provided under the Services is qualified entirely by reference to the original source of the information and you should refer to such original source for qualifications and reference, and no such statement or information shall constitute or amount to professional opinion or advice from a medical, dental or health professional, or otherwise constitute legal, business or tax opinion or advice. While we obtain information from the sources we believe to be reliable, we do not perform an audit and undertake no duty of due diligence or independent verification or validation of any information we use. We cannot guarantee and do not make any warranty, express or implied, as to the accuracy, adequacy or correctness of and assume no liability or responsibility for any information we use as a source for the Services. We cannot and do not take responsibility for the veracity, reliability or completeness of any Services or information otherwise available on our Websites or Channels. We assume no obligation to update any information following provision of the Services. We neither endorse nor are responsible for any opinion, advice, information or statement made or displayed on our websites, apps or platforms by third parties.
• You have sole responsibility for ensuring the adequate protection and backup of data and/or equipment used in connection with the application or the Services and you will not make a claim against the Company for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the Website or Services.
• The Company expressly disclaims all and any liability arising out of, related to or in connection with any of the following:
  • internet or connectivity interruptions or delays;
  • scheduled maintenance or other modification to the Services;
  • any act or omission by you or any third party;
  • use of the Services which is not permitted hereunder;
  • modifications to the Services by any person or entity, other than the Company; and/or
• Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by Acts of God, Government restrictions, acts of terrorism, natural catastrophes, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected and occurring, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will accordingly be extended for a period of time equal to the time lost due to any delay so caused.
• Without limiting the generality of the foregoing, you acknowledge and agree that the Services will, from time to time, be subject to interruptions, delays and lag time arising from maintenance, servicing, user activity, user access, connectivity or otherwise and the Company disclaims all liability arising therefrom.
• The Company reserves the right to change any and all content contained in the Services at any time, without providing prior notice to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

7) Limitation of Liability

• In no event will the Company, its directors, employees and agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Services, the materials or content of, or the materials contained in or accessed through the Services, including without limitation any damages caused by or resulting from your reliance on any information obtained from the Company, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from Acts of God, communications failure, theft, destruction or unauthorised access to the Company’s records, programmes or Services.
• In no event will the aggregate liability of the Company, officers, agents, representatives, employees, partners and licensors whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or otherwise arising out of or relating to the use of or inability to use the Services exceed any compensation you pay, if any, to the Company for access to or use of the Services.
• The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which case you agree to cooperate with the Company in asserting any available defense.

8) Indemnification

• You agree to indemnify, defend and hold the Company and its affiliates, and its officers, agents, representatives, employees, partners and licensors, harmless from all claims from third parties, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses suffered by or incurred by the Company and its affiliates and their officers, agents, representatives, employees, partners and licensors arising from or related to any of the following:
• breach or violation by you of these Terms or any applicable law;
• your gross negligence or wilful misconduct;
• any liability arising from any information or data provided by you to the Company or the User Content thereof (including claims of infringement, ownership, libel, defamation, obscenity); and
• use of the Services and Access Code by you or others to whom you provided access.
• The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which case you agree to cooperate with the Company in asserting any available defense.

9) Assignment

These Terms and any of your rights or obligations may not be transferred or assigned by you without the Company’s express prior written consent. The Company is entitled to and reserves all rights to assign or novate these Terms, at any time and shall give you subsequent notice of such assignment or novation.

10) Waiver

No action of either party, other than express written waiver, may be construed as a waiver of any provision of this these Terms. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

11) Governing Law & Jurisdiction

• These Terms shall be governed by, construed under and enforced in accordance with the laws of Singapore, without regard to any conflict of law provisions. The parties shall use best efforts to settle any dispute, claim, disagreement, question or issue directly through good-faith negotiations, 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 Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force (“SIAC Rules”). The tribunal shall consist of one (1) arbitrator to be appointed in accordance with the SIAC Rules. All arbitration proceedings shall be in the English language. The decision of the arbitrator shall be final and binding.
• If the decision of the arbitrator can be appealed to the courts under Singapore laws, you agree to be subject to the personal jurisdiction in, and the exclusive venue of, the courts in Singapore, to the extent relevant, and hereby waive any objection to such jurisdiction and venue for the purpose of any such appeal.

12) Support & Contact

• Any notice, request, consent or approval required or permitted to be given under these Terms or pursuant to law shall be sufficient if in writing. You may contact us at the following address:
• DOLCE (M) SDN. BHD. 202101023776 (1424076¬M), 62-64, Jalan Telawi, Bangsar Baru, 59100 Kuala Lumpur.
• Email: contactus@dolceoralcare.com