Legal 2017-10-30T10:36:18+00:00

Legal

1. Acceptance and Modification of the Terms of Use
1.1 Your access and use of the websites (the “Website”) of Arissto, which includes NEP’s affiliated companies, are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.
1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

2. Copyright and Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of NEP or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.

3. Use of the Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Arissto.
3.2 Arissto neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.

4. Information Deemed Non-Confidential
4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy. Arissto invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.
4.2 Any other information or material communicated to Arissto through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Arissto and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Arissto is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Arissto’s use will not violate any third party’s rights. Arissto is under no obligation to use the information provided.

5. Disclaimer of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 Arissto DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5.4 Any advise or information, be it oral or written, obtained from Arissto or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

6. Limitation of Liability
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Arissto, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Arissto), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Arissto assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 Arissto reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Arissto accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Arissto or any third party.

7. Change of Information
The content of our Websites may contain inaccuracies or errors. Arissto reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.

8. Availability of Products / Services
Our Websites may contain information on Arissto’s worldwide products and services, not all of which are available in every location. A reference to a Arissto product or service on the Websites does not imply that such product or service is or will be available at your location.

9. Links
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Arissto. Arissto shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of Arissto.

10. Miscellaneous
10.1 The present Terms of Use embody the entire agreement concluded between Arissto and yourself concerning the access and the use of the Websites and their content. Any other terms or conditions issued by Arissto and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.
10.2 The fact that Arissto tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
10.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and Arissto.
10.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

@ 2016 Arissto. All rights reserved.

NATURE ENVIRONMENT PRODUCTS SDN.BHD. PRIVATE POLICY

NOTICE UNDER THE PERSONAL DATA PROTECTION ACT 2010

This Privacy Policy Statement is issued by Nature Environment Products Sdn. Bhd. (trading under the “Diamond” brand) pursuant to the Personal Data Protection Act 2010.

The Privacy policy statement states how we collect, use and disclose your personal information. The personal information which you have provided or provided to us now or collected by us now and from time to time will be used, managed and disclosed by us in accordance with our Privacy Policy Statement stated herein below.

1. DEFINITIONS:
”Us”, “our” and/or “we” means NATURE ENVIRONMENT PRODUCTS SDN. BHD.(Co.No.507751-V) and/or any company, organization, body corporate, and/or entity forming any part of NATURE ENVIRONMENT PRODUCTS SDN.BHD. (Co.No.507751-V) and shall include our agents, employees, contractors, and sub-contractors;
”PDPA” means Personal Data Protection Act 2010 (Act 709) and any and all subsidiary legislation, regulations, and/or orders made thereunder and as may be supplemented from time to time and any guidelines and/or directives issued by any relevant authority;
”Personal data” has the meaning assigned to it under the PDPA;
”Processing” shall have the meaning assigned to it under the PDPA; and
”Products and/or services”means any products, goods, items, services, websites, applications provided by us.

2. CATEGORY OF PERSONAL DATA COLLECTED BY US
The category of personal data collected and/or processed by us or by parties acting on our behalf will include (but will not be limited to):
(i) your name, identity card number, passport number, nationality, race, birth date, age, gender;
(ii) address, telephone number, e-mail address;
(iii) designation, company name, bank account, salary & income tax number; and
(iv) any other personal data required for the purposes as set out below.

3. PURPOSE OF COLLECTING YOUR PERSONAL DATA
We may process your personal data for the following purposes:-
(i) To provide you with products and/or services and any other purpose relating to our provision and/or your usage of said products and/or services;
(ii) To maintain proper records and verification purposes;
(iii) To communicate/contact with you;
(iv) To confirm, update and enhance your records;
(v) To respond to any queries;
(vi) To operate your Account with us (if any);
(vii) To carry out market research and/or statistical analysis;
(viii) To conduct marketing and promotion;
(ix) To conduct audits, investigations, or any other inquiry;
(x) To carry out any action provided for by law or required by an authority;
(xi) To send materials such as newsletters, articles and any updates on our products and/or services;
(xii) To distribute information or details of events or seminars which may be of interest to you; and
(xiii) To achieve any other purpose which, in our estimation, is necessary and/or reasonable in the circumstances.

4. RIGHT OF ACCESS AND CORRECTION
You have the right to request access to and to request correction of your personal data. By us providing you the product and/or services, you consent to the processing of your personal data by us and all persons involved in the provision of the product and/or services.

5. RIGHT OF DISCLOSURE
We may disclose your personal data to the following parties which may be located within or outside of Malaysia:-
(i) A party to whom disclosure is provided for under law or required by an authority;
(ii) A company related to us;
(iii) Our business partners, agents, employees, contractors, sub-contractors, service providers, and suppliers;
(iv) Auditors, consultants, accountants, lawyers, or advisors; and
(v) Any other party to whom disclosure is, in our estimation, necessary and/or reasonable in the circumstances.

6. RIGHT OF REFUSAL OR TO LIMIT
You have the right to refuse or limit our processing of your personal data. To exercise this right, please contact us using the contact information provided in this document.
If you do not consent refuse or limit us processing your personal data for the purposes listed in Section 3, please notify us as per the contact details in Section 11.
Note that your exercise of the aforesaid right may have effects on our provision of the products and/or services (such effects may include the non-provision of the products and/or services) to you and we are not liable for any loss, damage, or any other liability resulting directly or indirectly from such effects.

7. NON-PROVISION OF PERSONAL DATA
Failure by you to provide or disclose sufficient personal data may have effects on our provision of the products and/or services (such effects may include the non-provision of the products and/or services) to you and we are not liable for any loss, damage, or any other liability resulting directly or indirectly from such effects.

8. DATA INTEGRITY
You are responsible for ensuring that the personal data that you provide us is accurate, complete and not misleading and that such personal data is kept to date. We may request your assistance to procure the consent of third parties whose personal data is provided by you and you agree to use your best endeavours to do so.

9. INCONSISTENCY
In the event of any inconsistency between the English version and the Bahasa Malaysia version of this notice, the English version shall prevail over the Bahasa Malaysia version.

10. RIGHT TO VARY
We shall have the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on our website. By continuing to communicate with us or by continuing to use our products and/or services following the modifications, updates or amendments to this Notice you signify your acceptance of such modifications, updates or amendments.

(I) Coffee Capsules
1. Sales Order Terms & Conditions
1.1 Each order placed with NEP or any of its affiliated companies (“NEP”) via the internet shall be governed by the present Terms & Conditions. They shall apply to the exclusion of all other terms and conditions. By placing an order, the Member acknowledges that he has read, understood and accepted, without reservation, the Terms & Conditions.
1.2 By using this website, the Member also accepts and agrees to be bound by our Terms of Use and Internet Privacy Policy. NEP invites the Member to read them carefully before using the services provided on this website.
1.3 NEP reserves the right, at any time, to revise the present Terms & Conditions by posting the revised version on this website. By placing an order after NEP has revised its Terms & Conditions, the Member agrees to be bound by that revision.

2. Sales Orders
2.1 By placing an order via this website or form, the Member makes an offer to purchase the Products he has selected under these Terms & Conditions.
2.2 Orders a Member place with NEP via this website or form are subject to minimum quantity limitations.

3. Order Confirmation
3.1 The order a Member places via this website will not constitute a binding contract unless and until NEP transmits a confirmation by e-mail or SMS.
3.2 NEP reserves the absolute right to refuse orders, should there be insufficient Coffee value in the Member’s account.
3.3 The data registered by NEP constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.

4. Prices
4.1 The prices payable for the items the Member ordered are those displayed on this website on the date the Member places his order, excluding delivery charges.
4.2 Delivery charges will be billed at the rates indicated on this website on the date the Member places his order. The delivery rate will be calculated based on the size of the order and the delivery method the Member selects.
4.3 NEP reserves the right to revise its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.

5. Delivery
5.1 All orders confirmed by NEP will be delivered to the delivery address the Member specifies when placing his order.
5.2 The Member shall be fully responsible for additional charge for re-delivery of goods that have been returned due to reasons such as no such recipient, no such address, and the recipient has shifted etc or for any other failed delivery reasons.
5.3 NEP will do its utmost to ensure delivery within 3-5 working days after receipt of an order.

6. Returns
6.1 The Member has the right to return any Products that does not suit him within 30 days subject to maximum 60 coffee capsules consumed, whichever comes first. The return is ONLY APPLICABLE to the first time purchase and not applicable to repeat orders. Should the Member consume more than 60 capsules within the 30 days and wishes to return the Products, he will be charged for any coffee capsules consumed over and above the maximum 60 coffee capsuled allowed.
6.2 NEP will only accept returns of the Products in their original condition and box packaging accompanied by the invoice/DO.
6.3 When returns are properly completed, NEP shall reimburse the price of the returned Products and the invoiced delivery charges within a maximum of 60 days upon receipt of the returned merchandise.
6.4 The return postage will be charged for the Member’s account.

(II) ARISSTO Happy Maker/Mini Happy Maker
1. If you are unsatisfied after experiencing the product within 30 days from the purchase date, you may request to return your purchase.
2. (a) The Products is warranted against manufacturing defects on the parts (including service fee) for maximum of 12 months from the order date, unless otherwise stated hereunder.
(b) For any replacement of spare parts of the Product due to normal wear and tear, the Member is required to pay a transportation fee to be determined by NEP.
* In the event of any discrepancy in translation or interpretation of any of the clauses of this ARISSTO SALES ORDER, the English version shall prevail.

(III) Subscription Payment Policy
1. We accept the following payment methods:

– Credit Cards / Debit Cards (with Visa & MasterCard Logo)

2. Payment by Credit Card / Debit Card is immediately due and payable. Your Credit Card / Debit Card details will be encrypted for security purposes.
3. Subsequence monthly Arissto Coffee subscription fees will be charge using Auto Debit method for a minimum period of 3 months before authorize for any cancellation.
4. An Online Auto Debit (Credit Card / Debit Card Debit Authorization Form) will need to be fill up and consent to agree on the terms and condition as below:

– Customer Own Credit Card / Debit Card

a. I hereby request and authorize Nature Environment Products Sdn Bhd (NEP) to debit my Credit Card / Debit Card Account for my Arissto Coffee subscription fees.
b. I clearly understand and agree that the authorization is governed by the terms and conditions imposed by the card issuing bank and Credit Card / Debit Card service provider.
c. I hereby agreed to allow NEP to conduct auto renewed on my Arissto Capsule subscription and continue auto debit my Credit Card / Debit Card. In the event I do not wish to continue with the subscription after the minimum period of 3 months. I shall contact NEP for the cancellation request.

– Third Party Credit Card / Debit Card

a. I, the card holder of the details inserted, agree to pay for the Arissto Coffee subscription fees on behalf of the “the Customer” according to the terms and conditions as stated in the agreements entered into between the customer and Nature Environment Products Sdn Bhd
b. I undertake to indemnify Nature Environment products Sdn Bhd against all losses suffered should my Credit Card / Debit Card transaction in respect of the payment to Nature Environment Products Sdn Bhd be rejected for any reasons whatsoever by the card issuer.

5. In the event of any charging unsuccessfully/reject by the card issuer bank due to whatsoever reason. Arissto reserves the right to not to deliver of goods until full payment has been received.

NATURE ENVIRONMENT PRODUCTS SDN BHD (507751 – V)
Block B, South City Plaza
Persiaran Serdang Perdana,
Taman Serdang Perdana,
43300 Seri Kembangan, Selangor.