Terms & Conditions 

APICAL Scientific Sdn. Bhd. (also referred to as “APICAL”) provide website features and other products and services to you (collectively “Customers”, each a “Customer”) when you visit or use https://order.apicalscientific.com/ (also referred to as “APICAL Online”). 

Acceptance of terms 

Please read these terms and conditions (“T&Cs”) carefully. By using APICAL Online, you agree to these T&Cs, and you consent to the collection, use, and disclosure of your personal data as described in these T&Cs. If you do not agree to these T&Cs, you must discontinue the use of APICAL Online. Your use of APICAL Online shall be deemed to be your agreement to be bound by each of the terms set forth below. APICAL can change these T&Cs at any time by posting updated T&Cs on APICAL Online or by sending registered Customers an email notice of the changes. If any modification is unacceptable to you, you shall cease using APICAL Online immediately. If you do not cease using APICAL Online, you will be deemed to have accepted the change. 

You are expected to check these T&Cs from time to time to take notice of any changes APICAL has made as they are binding on you. 

Use of APICAL Online 

To purchase products and/or use services through the APICAL Online, you must first establish an account with APICAL (“APICAL Account”). Registration for an APICAL Account provides a unique identification for each Customer, and allows us to trace any order in the event of queries. 

Registration must only be done by individuals who can form legally binding contracts under Malaysia law; who are at least 21 years of age; and are not barred from using APICAL Online under any applicable laws. By using APICAL Online, you represent and warrant that you are of age, and you agree to be bound by these T&Cs. If you are under 21 years old, you have obtained verifiable consent from a parent or legal guardian. 

To register for an account, you must provide a valid company/mobile number or an unique email address. You will be asked to provide a password upon registration. 

You are responsible for: (i) maintaining the security and confidentiality of your APICAL Account and your account password; (ii) restricting access to your APICAL Account; (iii) be responsible for any purchases and activities that are submitted under your APICAL Account; (iv) ensuring that all details provided during registration, or any other time are correct and complete. Upon successful registration, you can update your particulars in the ‘My Account’ page. 

You agree to immediately notify APICAL of any unauthorised use of your password or APICAL Account or any other breach of security by contacting us at custcare[at]apicalscientific[dot]com. 

We reserve the right to refuse, suspend or terminate the registration of any individual or corporate member and/or the use of any APICAL Online at any time for any reason, including and not limited to the following: 

(i) accounts of Customers that we suspect have been compromised or used in breach of these T&Cs; and/or 

(ii) a Customer using multiple accounts to deliver to the same address. 

You acknowledge and agree that APICAL may, to the extent permitted by applicable laws, access, preserve, and/or disclose your account information, all communications to and from you and all information relating to your use of APICAL Online, if APICAL is required to do so by law or legal process or if APICAL determines, in its sole discretion, that such action is necessary to protect the rights of APICAL, third parties, and other users of APICAL Online or for purposes of responding to your request for customer service. 

Data Policy 

We collect personal data such as your name, contact information (e.g. mobile number and email address) and other information that may identify you or is personal to you, when you use APICAL Online or enter transactions with us (or express interest in doing so). We may also collect information about your browser type, device ID, IP address and the pages you visit. 

If you have multiple relationships with us (for example, you use our services across our different businesses), we may also combine such personal data with other personal data we have in our possession, for purposes of facilitating your use of APICAL Online and for the purposes set out below. 

By your continued use of APICAL Online, you agree that APICAL may collect, use, disclose and process your personal data in accordance with Personal Data Protection Act 2010 (“PDPA”) of Malaysia and our Privacy Policy which can be found at https://order.apicalscientific.com/privacy-policy.html for the purposes set out in the said Privacy Policy and for the following purposes (collectively, the “Purposes”): 

  • performing obligations in the course of or in connection with our provision of APICAL Online requested by you; 

  • facilitating your use of APICAL Online; 

  • verifying your identity and any purchase made on your APICAL Account through your registered contact number and/or email address; 

  • processing payment or credit transactions; 

  • responding to, handling and processing queries, requests, applications, complaints and feedback from you; 

  • administering and maintaining your APICAL Account, including administering any login processes, benefits and entitlements; 

  • where you have given us consent, sending you marketing information about our goods or services including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes and other promotions; 

  • customer profiling, market analysis, and research purposes to improve our product and service offerings to you. This includes our use of a variety of third-party web and mobile app analytics and optimisation services to improve APICAL Online and enhance your experience. For example, APICAL Online use web analytics services that may record mouse clicks, mouse movements, scrolling activity, text you type in APICAL Online, and other similar activities. We also use technologies which use cookies and other similar technologies to collect information about the use of APICAL Online anonymously and report website trends, without identifying individual visitors. These technologies may also help us analyse how Customers use APICAL Online; 

  • APICAL Online are controlled and operated by us from Malaysia and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of Malaysia. Your personal data may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using APICAL Online, you consent to the transfer of information to countries outside of Malaysia, which may have different data protection rules than those of Malaysia; and/or 

  • for such other purposes as permitted by applicable law or with your express consent. 

The Purposes may continue to apply even in situations where your relationship with us has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you). 

The consent that you provide for the collection, use, disclosure and processing of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using, disclosing and/or processing your personal data for any or all the Purposes by submitting your request in writing to custcare[at]apicalscientific[dot]com. 

Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within 20 business days of receiving it. 

Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be able to continue providing APICAL Online to you and we shall, in such circumstances, notify you before completing the processing of your request. 

If you have any feedback or issues in relation to your personal data, or about our Privacy Policy, or wish to submit your feedback to us, you may contact us at custcare[at]apicalscientific[dot]com. 

We may update the Privacy Policy from time to time without notice to you, to comply with applicable laws or as we update our data usage and handling processes. The amended Privacy Policy will take effect when made available at https://order.apicalscientific.com/privacy-policy.html. Your continued use of APICAL Online constitutes your acknowledgment and acceptance of such changes. 

Intellectual Property 

You acknowledge that the APICAL Online contain information, data, software, photographs, graphics, typefaces, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, database and other intellectual property rights owned by us and/or our affiliates, business partners, or suppliers. 

You may not modify, reproduce, copy or distribute any of our Content for commercial purposes without our prior written consent. 

APICAL Online are provided solely as a convenience to you. You may access and use APICAL Online only in accordance with all applicable laws and regulations, and with these T&Cs. You acknowledge and agree that APICAL, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse all current and future, access to, or use of APICAL Online. You further agree that you may not use APICAL Online for any of the following purposes: 

  • disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; 

  • transmit material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; 

  • gain unauthorised access to other computer systems; 

  • interfere with any other person's use of APICAL Online; 

  • interfere or disrupt networks or web sites connected to APICAL Online; 

  • make, transmit or store electronic copies of our Content without the prior written consent of APICAL; 

  • resell or make commercial use of the APICAL Online or content therein; 

  • modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; 

  • collect or use any product listings or descriptions; 

  • use any data mining, robots, or similar data gathering and extraction methods from APICAL Online; 

  • other than for your use of APICAL Online as expressly permitted in these T&Cs, access or attempt to access any systems or servers on which APICAL Online are hosted, or modify or alter APICAL Online in any way; 

  • forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content or other information transmitted to or via APICAL Online; 

  • use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images found on APICAL Online, the content of any text or the layout/design of any page or form contained on a page) without APICAL’s express written consent; or 

  • use any meta tags or any other “hidden text” utilizing APICAL name, trademark, or product name without APICAL’s express written consent. 

Any unauthorised use of APICAL Online will terminate the permission or license granted by these T&Cs, and will result in you being barred from use of APICAL Online 

Availability of APICAL Online 

Whilst all attempts will be made to ensure APICAL Online access is available all the time, occasionally APICAL Online may undergo repairs, maintenance, or the introduction of new services. In such circumstances, access to APICAL Online may be suspended temporarily and without notice. APICAL disclaims all liability for any malfunction, suspension or interruption of APICAL Online, including accessibility due to network problems. 

Pricing and Product Information 

Whilst every effort is made to fulfil orders in terms of price, size, specifications and/or description through APICAL Online, errors may occur and we do not guarantee that the pricing, size, product description, specifications and/or promotional information provided on APICAL Online will be accurate, current, updated, or complete. Without limiting the generality of the foregoing, you acknowledge and agree that: 

  • product pictures on APICAL Online are provided to help you recognise the products, but due to packaging redesign and improvements, these may not reflect exactly the product you receive; 

  • not all products will correspond exactly to the photographs and description on APICAL Online; 

  • where product pictures are not available, a generic image may be used in the Enquiry and Cart; 

  • in relation to items on APICAL Online, the advertised prices are meant for online only. The prices of certain products may differ from those charged offline. 

  • APICAL takes great care to accurately display the colours of our products that appear on APICAL Online. However, as the actual colours you see will depend on your monitor (among other factors), we cannot guarantee that your monitor’s display of any colour will be a true reflection of the actual colours of the products. 

In the event of any price difference between your APICAL Online order and the final bill rendered, whether arising from substitutions, daily price changes, out-of-stock products, promotions, mislabelling, or mispricing, and/or weighted items, we reserve the right to adjust the final bill even after an online bill is presented to you. 

We shall not be liable to any person for any loss, damage, or inconvenience suffered if we are unable to fulfil any order for whatever reason. 

Product Unavailability 

If a product becomes unavailable for whatever reason after an order is accepted, APICAL reserves the right to process the other products in your order. This is because, with APICAL Online, we work towards bringing you a wholesome online experience. 

If any item you have ordered is not in the confirmation, it is with much regret that we inform you that the said item is unavailable. 

Special offers are valid only while stocks last. We reserve the right to reject, and/or limit quantities on any order received. 

Order Confirmation 

It is your responsibility to review the details (including items selected, pricing and applicable fees) carefully before submitting an order. When you place an order, you agree to all amounts, delivery fee, service fee and other additional charges (if any) and the final ‘Total’ amount which is displayed at the checkout page. 

You will be deemed to be aware of, and you accept responsibility for the total amount incurred under your APICAL Account. 

Once an order is submitted, the total purchase price and any fees that APICAL may charge you are due immediately and are non-refundable. 

Except for changes in delivery address and/or contact details which must be made at least 24 hours prior to the scheduled delivery, no amendment to an order is allowed once the order is processed. 

Customers may request for change in delivery address and/or contact details at +603-8943-3252 or custcare[at]apicalscientific[dot]com. 

Order Cancellation 

Cancellation of a confirmed order is subjected to a cancellation fee of 80% of the total order value. APICAL reserves the right to change the purchase terms and prices at any time without prior notice. 

Refunds and Returns 

Refund: APICAL will arrange for a refund to payment made for the affected product(s) in the event any order (in whole or in part) is rejected by APICAL for whatever reason. 

Exchange & Return Policy: All orders have been checked for quality and accuracy. Any request for returns will be subjected for approval. 

Delivery 

APICAL will provide product delivery service in within Selangor Klang Valley and Kuala Lumpur on any orders placed through the APICAL Online. Additional charges apply for delivery made to other regions of Malaysia and global customers. 

An offline quotation can be obtained through our Customer Care Specialists to include the total delivery fees prior your order confirmation. 

Where the Customer requests APICAL (or its delivery service provider) to leave the product(s) at the front door or anywhere outside the delivery address, such delivery shall be at the Customer’s sole risk and the Customer accepts all liability and risk of loss, theft and damage. 

APICAL shall not be liable for any consequential, indirect, or damage or loss, however arising, or any deterioration or change in quality or condition of the order after its delivery. For clarity, APICAL and its delivery service provider may decline requests to deliver/leave the order at a place other than the front door of the delivery address. 

Whilst we endeavour to complete delivery of your order expeditiously, delivery of your order may be temporarily unavailable or delayed in the event of bad weather or any unforeseen circumstances. All delivery times stated, agreed or represented by us are meant as indicative estimates only, and we shall not be bound by or liable for any inconvenience or loss occasioned to you from late deliveries. 

Our delivery service is subject to the availability of our resources, and we reserve the right to cancel or reject any delivery request at our sole discretion. 

We may use third party delivery service providers to perform delivery of your order. We shall not be liable or responsible for any inconvenience or loss occasioned to you from any late deliveries or mishandling of the order, which is attributable to the third-party delivery service provider. 

Payment 

APICAL accepts payment by Online Banking, Wire Transfer and TnG e-Wallet. 

APICAL reserves the right to change the mode or method of payment for products offered online at any time by announcement through APICAL Online, emails, and any other means of communication. 

Warranties 

To the fullest extent permitted by law, APICAL excludes all warranties, descriptions, representations or advice rendered as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of any product offered and/or supplied. 

No agent or representative of APICAL is authorised to make any warranty, representation or statements given as to the fitness or suitability for any purpose, tolerance to any condition, similarity to sample, merchantability or otherwise of the product offered and/or supplied. 

Limitation of Liability 

You unreservedly acknowledge and agree that you assume all risk in connection with the use of APICAL Online. APICAL shall not be liable for any direct, indirect, consequential, punitive, loss of profits or revenue, or any other damages or loss however arising from your use of and access to APICAL Online. 

To the extent that APICAL is liable in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of a product or any other breach of APICAL’s obligations hereunder, such liability shall not in any event exceed an amount equivalent to the price of the product(s) giving rise to such liability. 

Both APICAL and the delivery service provider will not be held responsible for any damage or loss after delivery. You shall not use our products in any manner and/or for any purpose for which they are unsuited for, and you shall be responsible for using all necessary skill and care in handling and using the products. You expressly agree that APICAL assumes no obligation or liability for any advice or information given with the products and APICAL assumes no responsibility for any inaccuracy or misstatement of any such information. You assume all risks connected with the use and storage of the products. 

APICAL Online and all information contained therein are provided on a “as is” basis without any implied or express warranty including any implied warranty as to title, quality, merchantability, fitness for purpose, or non-infringement. Before acting on the information found on APICAL Online, you may wish to confirm the facts that are important to your decision making. Product information listed on APICAL Online may be different from information listed on the products for a variety of reasons including such things as manufacturers’ updates and changes. APICAL reserves the right to change or update information about any product on APICAL Online at any time without prior notice. 

Representations or descriptions displayed on APICAL Online are not intended to amount to advice on which reliance should be placed. APICAL therefore disclaims all responsibility and/or liability for any reliance placed on such material by any user of APICAL Online, or by anyone who may be informed of its contents. 

To the fullest extent permitted by law, APICAL shall not be liable for any error or omission in the content of APICAL Online including any damage or injury arising out of or in connection with any access or use of APICAL Online whether such damage/injury is caused by failure of performance, error, omission, defect, delay in operation, computer virus, theft etc. 

APICAL shall not be liable to any Customer or persons for any loss, damage incurred or inconvenience suffered in the event APICAL declines to fulfil an order or cancels or withdraws any order for whatever reason including but not limited to an unforeseen circumstance (e.g. lack of availability, quantity or specification, etc.). 

Promotions & Campaigns 

APICAL may, from time to time, offer discounts or run promotions. Promotions shall be effective only for the applicable promotional period and on a “while stocks last” basis. APICAL reserves the right to modify, cancel or discontinue them at any time on APICAL Online, without any notice to you.   

Where any gift is offered as part of a promotion, the gift is offered on a “first come first serve” and “while stocks last” basis. No cash or credit will be offered in lieu of any gift.   

Promotional codes are not transferable and not redeemable for cash. Each promotional code has its own qualifying terms. It is void where prohibited by law.   

The following general terms and conditions on use of a promotional code are in addition to, and subject to specific terms and conditions of a campaign/promotion activity:  

  • a promotional code cannot be used in conjunction with any other available promotional codes. APICAL reserves the right to reject any order that uses two or more promotional codes; 

  • you may redeem any promotional code through APICAL Online; 

  • certain promotional codes are specific to online enquiry or purchase, and they can be applied only for the specified use according to the promotional code’s terms & conditions; 

  • the use of any promotional code may affect the minimum amount to qualify for free delivery. In such event, normal delivery fees will apply; 

  • before completing an order, the Customer shall be responsible for ensuring that the relevant promotional code has been applied; 

  • no promotional code shall be exchangeable for cash or other goods and services; 

  • all prices listed are in Malaysia dollars; 

  • APICAL reserves the rights to vary/amend the privileges or terms and conditions of any promotions without prior notice. 

In the event of suspected fraud or misuse of any promotional code, or breach of its qualifying terms or the terms and conditions of the campaign/promotion, APICAL reserves the right to reject or cancel the use of a promotional code. APICAL also reserves the right to charge you partially or in full the value of the benefit received using your order payment method, without further notice to you.  

Where you are permitted to return any product to us for a refund/credit and such product was originally purchased under a promotion or discount (including use of a promotional code), you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis.   

Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift relates. If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, we may charge the delivery fee and/or the full value of the order without the promotion.  

APICAL reserves the right to change any terms of any contest/campaign/promotion activity without prior notice and substitute any token or prize with one of a similar value. Any prizes received for participating in any APICAL contests/campaigns/promotion activities are strictly non-transferable and are not exchangeable for cash or credit. APICAL shall not be liable for any loss of chance arising from any defect, malfunction or failure of any telephone network / lines, computer systems, servers, computer equipment, software used in connection with APICAL Online.   

Any decision by APICAL relating to promotions/campaigns, use of promotional code and other rewards or gifts is final and binding. 

Governing Law and Jurisdiction 

These T&Cs shall be construed in accordance with the applicable laws of Malaysia. 

Depending on the nature of the dispute, any claim or disagreement arising out of or in connection with these T&Cs and/or use of APICAL Online (“Dispute”) shall be submitted for mediation at Malaysian International Mediation Centre (“MIMC”) in accordance with MIMC’s mediation procedure in force for the time being. Either party may submit a request to mediate to MIMC upon which the other party will be bound to participate in the mediation within MIMC prescribed time. If the Dispute cannot be resolved at mediation, such Dispute shall be referred to the Tribunal or the courts of Malaysia for resolution.