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This Terms and Conditions (as defined below) are applicable to all orders, purchases, registrations, dealings and/or transactions rendered to you by Vital Technomation Sdn Bhd and/or its respective subsidiaries, affiliates, associates, directly/indirectly related companies and/or its groups of companies (as applicable) (“Company”) in the course of its provision of the Sale and Supply (as defined below) and/or Services (as defined below), either physically or through its online presence.  

By engaging with the Company through any of its available mediums of communications, placing orders, subscribing to and/or purchasing under the Sale and Supply and/or Services rendered by the Company, you are deemed to have acknowledged, read, understood and accepted this Terms and Conditions.

This Terms and Conditions are applicable to all registrations and/or related transactions carried out on the Sites (as defined below), Account (as defined below) and/or all other webpages, social media platforms and other online presence operated and maintained by the Company.

If you do not wish to accept this Terms and Conditions, you shall immediately cease dealings and/or engagements with the Company, either physically or through any of the Sites, Account and/or the Company’s other online platforms. Upon acceptance by you, it is hereby agreed that you shall conform to and comply with this Terms and Conditions and such agreement shall constitute a legally binding contract between you and the Company.

Any reference to “VITAL”, “we”, “us” or “our” shall be a reference to the Company, our shareholders, directors, employees, managers , representatives, agents, suppliers, partners and/or data processors. If you are an entity, references to “you” and “your” shall also include your shareholders, directors, employees, managers, officers, representatives, agents, suppliers and partners, respectively.

We have taken reasonable efforts to ensure the accuracy and correctness of the information, graphics, statements, articles, data and any other material contained and published on the Sites, Account, any of our promotional materials and/or otherwise represented by us in any other form. We make no representations on the accuracy, reliability and correctness of such materials and we reserve the right to amend, delete, replace or otherwise change the materials on the Sites, Account, our promotional materials and/or otherwise represented by us in any other form.

The Sites, Account and our promotional materials may also contain information or material from third parties and we make no representations or warranties for such information and material. We strongly encourage that you read and understand the terms and conditions and privacy policies of such third parties’ websites prior to using them and before disclosing to them your Personal Data (as defined below).

 1.1       Unless the context otherwise requires, the following words and expressions have the meanings set out below:

1.2       VITAL reserves the right to vary, modify, upgrade, amend and/or otherwise change the content layout and/or operation of the Sites, Account and our promotional materials. Unless otherwise stated, this Terms and Conditions shall be applicable to all such varied, modified, upgraded, amended and/or changed Sites, Account and promotional materials. 

2.1       Except as otherwise provided herein, this Terms and Conditions shall take effect and be binding on you upon the registration of your Account, upon your enquiry for the Sale and Supply and/or Services and/or communication with VITAL and shall continue to be in full force and effect until and unless your dealings with VITAL through the Sites, Account and/or for the Sale and Supply and/or Services is completed. Without prejudice to the relevant laws, all decisions made by VITAL in connection with the provisions of this Terms and Conditions shall be conclusive and binding on you.

 3.1       In respect of any orders which you may place with us, online or offline, a Quotation may be generated for your acceptance. Any Quotation provided to you shall be valid for seven (7) days from the date of issuance unless expressly stated otherwise in the Quotation and the Quotation shall automatically lapse upon the expiry of the aforesaid timeline. VITAL reserves the right to cancel, amend and/or revoke the Quotation at any time prior to your acceptance of the same.

3.2       A contract for Sale and Supply and/or Services between VITAL and you (“Contract”) shall be final and established when:

    (a)        in cases where VITAL provides a Quotation to you, you accept the said Quotation in writing and/or through the Sites or Account;

    (b)        in cases where you issue a purchase order to VITAL, VITAL accepts the said purchase order in writing and/or through the Sites or Account; or

     (c)        in cases where you make a direct order either physically or through the Sites or Account, VITAL receives the said order.

3.3       This Terms and Conditions shall at all times form an integral part of the Contract and unless indicated otherwise, shall prevail as against all other terms, conditions, representations, negotiations and/or other communication exchanged between Parties prior to the Contract.

3.4       VITAL’s acknowledgement of receipt of an order from you shall not be construed as an acceptance of such order.

3.5       The Contract shall constitute the sole agreement between VITAL and you and shall supersede any prior agreements, correspondences and/or understanding between the Parties, whether oral or written. All other express terms and conditions which may be stipulated or contained in any documentation you have provided including but not limited to purchase orders, requests for quotations, correspondences or exchanges as well as implied terms by trade, custom, practice or course of dealing shall be expressly excluded.

3.6       It is your responsibility to provide VITAL with all necessary information relating to the Products and/or Services (particularly the quantity, specification or description of the Products and/or Services) and to ensure the accuracy, correctness and completeness of such information when submitting your order to VITAL.

3.7       Upon formation of the Contract, VITAL shall process all orders in accordance with the quantity, specification and description of the Products and/or Services as stipulated in the Contract.

3.8       No modification, variation or amendment to the Contract shall be legally binding unless such modification, variation or amendment is agreed in writing by the Parties.

3.9       The price of the Products and/or Services (“Purchase Price”) shall be as set out in the Contract. In circumstances where the scope of work differs from the Contract and/or the costs for provision of the Products and/or Services has fluctuated, VITAL reserves the right to revise the price of the Products and/or Services stated in its Quotation with notice to you.

3.10     Once a Contract is formed, you are NOT permitted to cancel and/or revoke the Sale and Supply and/or Services unless VITAL provides its agreement in writing to such cancellation and/or revocation subject to imposition of a cancellation fee equivalent to eighty per centum (80%) of the Purchase Price or such amount as VITAL may determine.

3.11     The delivery and/or provision of the Products and/or Services is subject to availability of stocks, personnel and/or delivery arrangements and we will provide prior notice to you in the event any circumstances arise causing delay to delivery for the Products and/or Services. We will use our best endeavours to deliver to you the Product and/or Services soonest once such issue is resolved.

PROVISION OF SERVICES

3.12     Upon receipt of a request related to Services, VITAL will discuss with you to understand the scope of Services required. VITAL reserves the right to suggest a more suitable set of Services based on the need of the request. VITAL has the sole right to decide on the manner the Services are to be rendered and the amount of resources, equipment, technology and manpower which is suitable for the Services provided to you.

3.13     While VITAL will exercise reasonable skill, diligence, workmanship, and care in rendering the Services to resolve your request and/or issues, VITAL does not guarantee that the Services will be able to resolve the same to completion. VITAL will on a best effort basis take reasonable actions to resolve the matter for you.

TERMS SPECIFIC TO VITAL’S SITES AND ACCOUNT (ONLINE)

3.14     You would need to register an account with VITAL to make purchases through our Sites and/or Account. You are required to key-in your log-in details, other requested information and PIN/password to register and/or access your Account.

3.15     Please keep your log-in details, password and any other related biometrics details safe and secure and, as much as possible, prevent disclosure of such details to any third party. VITAL may carry out verification processes of your identity (whether directly or through any third party) from time to time to confirm your ownership of and/or control over your Account.

3.16     We are not liable for any loss caused by your failure to secure your log-in details, password and any other related biometrics details. If your log-in details, password and any other related biometrics details have been lost, stolen, misappropriated or otherwise compromised, please notify us and we will on a best effort basis facilitate the registration of new security details.

3.17     Please be reminded to provide us with the accurate contact details and ensure that such details are updated as and when required. All instructions, codes, PINs, passwords, updates, general information and other confidential information will be forwarded by VITAL to your email address registered with us and by such action, we are deemed to fulfil the reasonable diligence standard expected of us and it is your duty to ensure the continued security and secrecy of such information. VITAL is not responsible for your failure, refusal and/or negligence to take note of and observe the contents of the emails forwarded to you in respect of your Account.

3.18     You may place an order for the Products and/or Services by submitting the order through the Sites and you shall check and are responsible for the accuracy of your order. All orders are irrevocable and we shall be entitled (but not obliged) to process such orders without further consent and notice to you. We will thereafter send you an email notifying and confirming your order vide a Quotation.

3.19     We reserve the absolute right to accept or decline any orders received from or through our Sites where such orders are not completely made under our standard of procedures particularly for reasons such as unsuccessful payments, incomplete description of orders, lack of information, non-responsiveness to queries and/or other scenarios which prevent and/or interrupt our ability to complete the Sale and Supply and/or Services. VITAL reserves the right to either forfeit entirely, make reasonable deductions from any monies received from you or claim from you for the aforesaid orders to compensate for the time and effort which VITAL has expended into the same.

3.20     You hereby acknowledge and agree that all payment for any Products or Services (if applicable) purchased from us is processed by third party payment system providers and VITAL does not retain or process any such payment information. VITAL does not guarantee the security of such third party payment system providers or payment data, and we are not responsible for any acts or omissions of any such third parties and disclaim any liability in connection with acts, omissions or defaults of such third parties.

4.1       All payments payable in related to the Sale and Supply and/or the Services shall be by way of cash, credit card/ debit card, bank transfer, online transfer, banker’s cheque in favour of VITAL or e-Wallet accepted by VITAL (as VITAL may specify in our invoices). The payment term applicable to you shall be determined by VITAL in writing (whether in the Quotation and/or the invoice). For avoidance of doubt, time for payment shall be of the essence and all payments must be made without any set-off, deduction, counterclaim or withholding

4.2       All prices imposed on the Products for the Sale and Supply and/or Services is exclusive of Taxes and delivery charges (if applicable) and must be paid in full using the payment method as may be prescribed by VITAL. VITAL reserves the absolute right to adjust, amend, vary and/or change the prices for the Products and/or Services advertised, displayed and/or presented on its Sites, Account or in its physical stores (if any).

4.3       The delivery cost for your order will be indicated to you prior to your payment for the Products and/or Services.

4.4       In respect of Services, notwithstanding the timeline under the invoices, VITAL reserves the right to request from you full payment for the Services (inclusive of Taxes and disbursements, if any) at the time that the Services are rendered to you, failing which VITAL reserves the right to cease provision of such Services to you and claim from you monies for the Services already rendered.

4.5       In the event any amount to be paid by you is not received on or before the expiry date of our invoice or in the case of Services pursuant to Clause 4.4 above, VITAL is entitled to impose a late payment interest at the rate of eight per centum (8%) per annum on outstanding payment or any part thereof or any other monies hereunder due and payable by you to VITAL to be calculated on a day to day basis from the date the amount is due until receipt of the full payment by VITAL.

4.6       VITAL reserves the right to request for deposits from you as stated in the Quotation and/or invoice issued by VITAL to you prior to delivery of any Products and/or Services to you. Such deposits are payable upon the establishment of the Contract and shall be made towards the Purchase Price of the Products and/or Services. VITAL reserves the sole right to immediately terminate the Contract should the deposits not made payable within the timeline requested by VITAL.

5.1       Risk of loss and/or damage to the Products shall pass to you upon delivery. Notwithstanding the passing of risk to you upon delivery, VITAL shall remain as the owner of and retains title to the Products until and unless full payment for such Products (inclusive of Taxes, delivery charges and/or late payment interest, if any) is received from you

.5.2       Prior to the transfer of title and ownership of the Products, you shall hold the Products on a fiduciary basis, insure the Products against all risks, not pledge or allow any lien, charge or other interests arising over the Products.

5.3       You shall bear the risk of loss or damage of the Products upon delivery of the Products by VITAL. You hereby agree that any insurance against all risk for the full Purchase Price of the Products, if necessary, will be procured and maintained by you at your own expense.

5.4       In the event of non-payment and where delivery has been made to you, VITAL reserves the right to repossess the Products from you in compliance with the laws of Malaysia. Where the Products are not recoverable and/or have been damaged (as assessed by VITAL), VITAL reserves the right to claim from you an amount double the Purchase Price of the Products which amount shall be made payable to VITAL upon such request failing which it will be a debt due and owing from you to VITAL.

6.1       The delivery term in the Quotation is indicative in nature and may be subject to adjustments. We will engage with you to discuss on the best possible delivery arrangement should a delay arise and we are not to be held liable for any delay in delivery.

6.2       Time for delivery shall not be of essence in the Contract unless otherwise agreed by VITAL in writing.

6.3       Orders may be delivered in either one of the following manners:

(a)        you may collect the Products at VITAL’s premises upon receipt of notification that the Products are ready for collection; or

(b)        VITAL may deliver the Products to you at a designated location as agreed between the Parties.

6.4       Where delivery by VITAL is applicable, VITAL reserves the right to impose delivery charges depending on the delivery location as may be indicated by you.

6.5       VITAL reserves the right to deliver the Products by instalments. Where Products are to be delivered in instalments, each instalment shall constitute a separate Contract. No failure or default on the part of VITAL in respect of any one or more of the instalments shall give you the right to treat the Contract as a whole as repudiated.

6.6       As soon as a delivery is made, it is your responsibility to examine the Products to ensure that it conforms with the Contract.

6.7       You shall be deemed to have accepted the Products after delivery unless you provide VITAL with a notice in writing within three (3) days from the date the Products are receipt by you, indicating with sufficient detail and information any non-conformity with the Contract, including but not limited to any defect in the quality of the Products and any errors in the quantity of the Products delivered.

7.1       Unless otherwise provided herein, all Products sold and delivered are strictly not returnable nor refundable. VITAL reserves the absolute discretion to accept exchanges only for Products with manufacturing defects, the assessment, inspection or verification of which shall be made by VITAL.

7.2       In circumstances where you send a notice to VITAL under Clause 6.7 above, VITAL will send a representative to inspect the Products and address any issues related to the same. You are to provide sufficient information as may be requested by VITAL to assist with the post-sales inspection by VITAL.

7.3       VITAL will on a best effort basis resolve any issues highlighted under Clause 6.7 above and should such issue remain unresolved, VITAL at its absolute discretion can decide to either continue the resolution process or resort to any other solution as it deems appropriate for the circumstance.

            8.1       The Company reserves the right to:

       (a)        amend, modify, vary and update this Terms and Conditions from time to time;

(b)        issue any additional instructions and/or notice to inform you of any development in respect of your Products and/or Services and such instructions and/or notice shall automatically, by its issuance, form part of this Terms and Conditions;

(c)        send to you promotional and marketing materials and/or advertisements to inform you of our latest offerings, Products and/or Services;

(d)        carry out continuous due diligence on you in connection to the Sale and Supply and/or the Services;

(e)        make use of, disclose, divulge or reveal any information relating to you in such manner and to such extent as the Company shall from time to time consider necessary to any consultant, agent or subcontractor or to any person for any purpose in connection with any matters related to the operation, maintenance and proper functioning of the Account, Sites and/or for any purpose pursuant to the laws of Malaysia; and

(f)         request from you additional documents and/or information at any time for purposes of verification of your personal details.

               8.2       During the course of your dealings with VITAL and/or use of our Sites, Account, Products and/or Services, you shall NOT:

               (a)        use the Sites, Account, Products and/or Services for unlawful purposes or purposes other than the purpose intended for the same;

(b)        utilise or attempt to utilise the Products and/or Services for military use;

(c)        misrepresent your actual identity either by registering/engaging with us through a proxy, by impersonating as someone else or in any such way so as to not reveal your actual identity;

(d)        act in a way that would compromise, interfere with and damage the hardware and/or software that make up the Sites and/or Account which includes but is not limited to the use of web bugs, computer viruses and any other malicious programs;

(e)        attempt to decompile, disassemble or reverse engineer any of the hardware and/or software components that are used to provide the Products, Services, Sites and/or Account;

(f)         utilise the Intellectual Property Rights that belong to and/or registered in favour of VITAL or any other third party; and

(g)        do or conduct any such act or things that may result, directly or indirectly, in breach or violation with any and all laws of Malaysia, guidelines, notices, orders, rules, policies or instructions related to and in connection with the Sites, Account, Products and/or Services

8.3       In the event where we reasonably believe or suspect that you are in breach of any laws of Malaysia, are engaged in any unlawful or restricted activities or are non-compliant to any of the Terms and Conditions, we may notwithstanding the Contract, without any prior notice to you: 

(a)        cancel, refuse, reject and/or decline to perform the Sale and Supply and/or our Services or refuse to allow the Sale and Supply and/or our Services to be performed or completed;

(b)        report such suspicious or illegal activity to the relevant authorities;

(c)        suspend or terminate the Services provided to you; and

(d)        carry out such other action as we may deem necessary and appropriate.

              8.4       If we opine that you have breached any of the Terms and Conditions hereunder, VITAL may in our sole discretion take any such action against you as we deem appropriate including but not limited to terminating our commercial relationship                     under this Terms and Conditions and/or commence any legal proceedings against you for any such breach, seeking for the relevant remedies and/or damages.

          9.1       By accepting this Terms and Conditions, you represent and warrant to us that you:

(a)        are of sound mind and have full capacity to be legally bound by this Terms and Conditions;

(b)        have provided and will continue to provide true, accurate and complete information relating to your details and information as is required to register and maintain your Account;

(c)        are not in violation of any laws of Malaysia through your use of Account, Products and our Services and there is no action, proceeding, claim or investigation pending against you before any court or regulatory authority;

(d)        will use your Account, our Sites, Products and/or Services lawfully and in compliance with the laws of Malaysia and this Terms and Conditions;

(e)        have not and will not violate any of the anti-money laundering and anti-bribery laws and regulations; and

(f)         will at all times abide by all anti-money laundering and anti-bribery laws and regulations as may be imposed by the government from time to time.

             10.1     VITAL warrants that it is not aware of any actual or alleged infringements of any Intellectual Property Rights of third parties which relate to the Products and/or Services and VITAL shall not be held liable in the event that the Products supplied                 and/or Services rendered to you infringe any Intellectual Property Rights of a third party including without limitation by reason of their possession, sale or use, whether alone or in association or combination with other third party products.

             10.2     All Intellectual Property Rights to and in the content of the Products, Services, Sites and/or Account (including design, layout, presentations, graphics and all other elements) is controlled by and/or licensed to (as applicable) VITAL. Nothing in                 this Terms and Conditions shall be construed as granting you a licence to use any of such Intellectual Property Rights. The Sale and Supply and/or engagement of the Services shall not be construed as conferring any licence or rights over the                     aforesaid materials. You are strictly prohibited from copying, reproducing, modifying, republishing, uploading, posting, adopting, downloading, disseminating, distributing or howsoever deal with any of such content or material connected to the                      Products, Services, Sites and Account without VITAL’s prior written consent.

11.1     You agree to indemnify and hold VITAL, and our subsidiaries, affiliates, directors, officers, agents, suppliers, partners, employees and/or our groups of companies, harmless from and against all suits, actions, demands, claims, losses, liabilities, damages, expenses and costs whatsoever arising under any laws of Malaysia (including all legal fees), made by any third party due to or arising out of or resulting from your breach of any of this Terms and Conditions or through any default, omission or negligence on your part in your use of the Products,  Services, Account and/or Sites.

12.1     Subject to the provisions under the laws of Malaysia, VITAL makes no warranty and expressly disclaims any implied warranty in relation to the fitness for purpose, merchantability, effectiveness, performance, use, nature or quality of the Products and/or Services and hereby disclaims all other warranties, promises and obligations, expressed, implied or statutory, including any warranties, promises and obligations arising from a course of dealing or usage of trade. In no event shall VITAL be liable for indirect, incidental or consequential damages whether in contract, tort, negligence or otherwise

.12.2     Notwithstanding this Terms and Conditions and our limitation of liability hereunder and to the extent that the laws of Malaysia places an obligation or liability on VITAL for the provision of the Products and/or Services, the aggregate liability of VITAL in contract, tort (including negligence or breach of statutory duty) or otherwise arising by reason of or in connection with your use of the Products and/or Services shall not in any event exceed the amount which you have paid to us for such relevant Products and/or Services (exclusive of Taxes and delivery charges, if any) and shall not include any other loss or damage, including indirect, special, consequential, incidental, exemplary or punitive damages, including loss of profits, production, or revenues.

12.3     The Sites, Account and/or technology related thereto are provided on an “as is” basis and whilst we will take all reasonable efforts to keep the Sites and/or Account available and operational at all times, we do not guarantee that the same will be performed error-free or uninterrupted as it operates on a web based application and is a digital application (as applicable) that is subject to the standard disruptive factors relating to network facilities and internet connections (whether wireless or otherwise). In the event of dissatisfaction, you may opt to cease usage of the Sites and/or Account with no liability on our part.

12.4     All access and downloads of content or information from the Sites or such other webpages or linked webpages shall be at your own risk and VITAL shall not be liable for any loss of data or interruption due to the usage of any such downloaded content or information. Access to the Sites and/or Account may at any time be disrupted, suspended and/or temporarily ceased due to scheduled or non-scheduled maintenance at the sole discretion of VITAL and you will be accordingly notified of such events.

12.5     VITAL shall not be responsible directly or indirectly for any system or internet connection failure, error, omission, interruption, delay in transmission or computer virus that causes any non-provision of Sale and Supply and/or the Services and delay in the provision of the Sale and Supply and/or the Services.

12.6     Save for the representations and warranties made in this Terms and Conditions, any prior or other forms of representations and warranties made to you are excluded and do not apply to this Terms and Conditions.

13.1     VITAL will handle, process and store all information and Personal Data provided by you in accordance with the relevant personal data protection laws as well as VITAL’s privacy policy. By accepting this Terms and Conditions, you are deemed to have acknowledged that you have read, understood and agreed with our privacy policy and have agreed and consented to our collection, use and process of your Personal Data for the purposes set out in our privacy policy. You may refer to our privacy policy here.

 14.1     All Confidential Information supplied to or received by you from VITAL shall be kept confidential unless disclosure is required by laws of Malaysia or unless until the recipient can reasonably demonstrate that it is or part of it is, in the public domain other than by a breach by the recipient of its obligations under this Clause 14, whereupon, to the extent that it is public, this obligation shall cease.

14.2     Subject to above Clause 14.1, you shall not make any public announcement, statement or release pertaining to the Confidential Information or the transactions between VITAL and you and shall not use retrieve or extract in any way or manner for whatsoever purpose, the Confidential Information without the written consent of VITAL.

15.1     VITAL shall not be liable for any delay, non-performance of its obligations or any material part hereof and shall be relieved of its obligations under this Terms and Conditions in the event of a Force Majeure event taking place. For the avoidance of doubt, an event of “Force Majeure” includes any event or circumstance where there is a riot, war, epidemic, pandemic, restrictive order(s) imposed by an appropriate authority, disease, invasion act of enemies, earthquake, floods, fire or other physical natural disaster, strikes, industrial disputes by the labours and government regulations.

16.1     VITAL is entitled to, at any time, terminate the Contract, Sale and Supply, your Account and/or the Services provided to you with immediate effect and terminate this Terms and Conditions as against you without notice and by forfeiting all monies already paid by you to VITAL in the following situations:

(a)        you are in breach of any of the Terms and Conditions;

(b)        you have contravened or are found in breach of any of the laws of Malaysia; and/or

(c)        we have reason to believe that you are involved directly or indirectly with fraud, money laundering or other illegal and/or criminal activities.

 16.2     In addition to the rights to terminate hereunder, VITAL reserves the right at any time without notice to you and without owing any liability to you, to modify, suspend, discontinue temporarily, limit the usage or freeze your Account in its entirety or in parts related to certain functionalities, at its sole and absolute discretion, for any duration upon your breach of the Terms and Conditions and/or any laws of Malaysia, due to security concerns, suspicions of unlawful activities or unexpected technical, system, maintenance, fixes, bugs or other related issues. The exercise of VITAL’s rights under this Clause 16.2 does not prejudice or prevent VITAL from exercising its right to terminate your Account.

 16.3     Notwithstanding the termination of your Account, you remain responsible and liable for all obligations attributable to your Account prior to any event of termination and VITAL is permitted to pursue any of its rights and/or remedies accruing from such liability.

17.1     VITAL is committed to conduct its business with integrity, in an ethical, transparent and honest manner and at all times in compliance with the Malaysian Anti-Corruption Commission Act 2009. VITAL promotes, practices and implements a zero-tolerance approach against all forms of Bribery and Corruption. By accepting this Terms and Conditions, you are deemed to have acknowledged that you have read, understood and agreed with our anti-bribery and anti-corruption policy. You may refer to our anti-bribery and anti-corruption policy here

. 

18.1     Prohibited Activities : You agree and undertake that you will not use any of our Sites, Account, Products and/or Services for any illegal purpose and VITAL is entitled to terminate your access to the Sites, Account, Products and/or Services with immediate effect and terminate this Terms and Conditions as against you without notice if we have reason to believe that you are involved directly or indirectly with fraud, money laundering or other illegal and/or criminal activities

.18.2     Modification / Variation / Revision : We reserve the right to modify, vary and/or revise this Terms and Conditions without prior notice to you at any time from time to time and any such modification / variation / revision shall be effective on the following day of our business from the date of our notice to you on our Sites. It is your responsibility to read and understand the Terms and Conditions and any revisions thereof, prior to and during the use of the Sites, engagement of our Services and/or regarding the Sale and Supply. Your continued use of any of the Sites, engagement of our Services and/or purchase of our Products will be deemed as your acceptance to the revisions made to this Terms and Conditions.

18.3     Severability : If any provisions in this Terms and Conditions are deemed invalid, void or cannot be enforced under any law, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Terms and Conditions, all of which shall remain in full force and effect. The Parties shall use reasonable efforts to replace such provisions with a valid provision the effect of which is closest to the intended effect of the invalid or unenforceable provision.

18.4     Language: All notices or formal communications under or in connection with this Terms and Conditions shall be in the English language. Any translation of this Terms and Conditions (if any) is provided solely for your convenience and is not intended to modify any of this Terms and Conditions. The English version of this Terms and Conditions shall be your primary reference in all respects and shall prevail in all cases of inconsistency with any translated versions.

18.5     Waiver of Rights : No failure or delay by any party in exercising any right, power or remedy under this Terms and Conditions shall operate as a waiver, nor shall any single or partial exercise of the same preclude any further exercise or the exercise of any other right, power or remedy unless such a waiver is made in writing.

18.6     Versions : The most updated version of this Terms and Conditions (by indication of the date stated herein) shall prevail over any previous versions.

18.7     No Assignment : You must not assign or otherwise transfer any of your rights or obligations under and pursuant to this Terms and Conditions to any third party.18.8     Communication : If you have any enquiries or comments with respect to our Sites, Services, Sale and Supply and/or Products, you may contact our VITAL headquarters at:

18.9      Governing Law and Jurisdiction : This Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the Parties hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia.

Last updated on: July 2021

(Version 1.0)