The Golden Messengers Sdn. Bhd. (Company No. 1155092-M)
Terms & Conditions – PLEASE READ
The bodymindsoul Magazine is a quarterly publication of The Golden Messengers Sdn. Bhd., with the vision of creating awareness about positive living and holistic wellness in Malaysia. The magazine is distributed nationwide in all major bookstores in Malaysia & Singapore, alongside selected specialized holistic living centers and healthy living hotspots in urban areas, and online vide its bodymindsoul website.
These website terms and conditions (“T&C”) must be considered carefully when choosing whether to use bodymindsoul, its brand and any or all of its products and services (“BMS”) at any time. This entire T&C and its policies highlight, amongst others, the possible risks in using BMS, viewing its articles, publications, products and services as well as providing guidelines on how to carry out online payments using the designated BMS payment system.
From time to time, we may need to revise this T&C, in which case we will post the revised T&C on this website. If you choose to continue using this website after any revision to this T&C, you shall be deemed to have accepted the revised T&C accordingly. If you choose not to accept this T&C, please discontinue your access to this website and/or use of the BMS immediately. Any omission by you or your failure to do so shall not be our responsibility. In any instance, you are responsible for any harm or losses directly resulting from your negligent or unlawful actions, mechanisms or usage of BMS.
A. Please note the following risks, amongst others, that could occur when using the website of BMS and/or its online portals:
1. Payments received in your designated bank account may be held or reversed at a later time (in some instances up to 180 days following the time of receiving the payment) if such payment is subjected to any chargeback, reversal, claim or otherwise invalidated. This means that for some of the sellers, payments received into their account may be returned to the buyer or otherwise removed from their account after they have been paid and/or of any goods sold have been delivered.
2. You can help protect yourself from the risks of unauthorized transactions by regularly checking your account transaction history.
3.You should be aware of the possibility of unauthorized transactions from your account or receiving payments from unauthorized transactions from a third party’s account.
4. We may at any time and sole discretion close, suspend, or limit your access to your account or BMS, and/or limit access to your funds for up to 180 days if you carry out any activities which are in contravention of this T&C and its associated policies incorporated by reference or negligent, unlawful and/or against the laws of Malaysia in its nature.
B. You must consider such risks and guidance, as well as any other risks set out below in this T&C and its associated policies, before using the BMS website:
2 We strongly recommend that, as you read this T&C, you are also to access and read the information contained in the other pages and websites referred to in this T&C, as they may contain further terms and conditions that apply to you as a user for this BMS. By accepting this T&C, you also agree that your use of other mediums or publications of BMS offered or displayed on BMS website will be governed by the terms and conditions regulating our publishing business.
C. Eligibility to use BMS website.
1. In order to use the BMS, you must have access to the internet.
2. Users may be required to register an account and required to provide additional information regarding you to verify the eligibility for your account for the purposes of:
(a) buying certain products and services of BMS;
(b) publishing certain information related to BMS;
(c) receiving certain purchases from The Golden Messengers Sdn. Bhd. or BMS vide the provided delivery services;
(d) anything that requires you to have an account with BMS for both of your purposes.
You are not allowed to have more than one account under your name and you must be able to form legally binding contracts under applicable law.
3. Without limiting the foregoing, BMS is not available to all individuals and businesses and we reserve the right to deny BMS access to any individual or business for any reason or no reason at all without being bound to disclose any reason therefore.
4. BMS is available to minors (as defined in your jurisdiction, generally those under 18) for viewing and using only (but restricted to purchases). BMS however does not accept persons who are suspended from BMS (unless allowable back vide an appeal), or persons who present an unacceptable level of risk or found conducting restricted activities as defined in this T&C.
5. If you are deemed non-eligible by BMS or The Golden Messengers Sdn. Bhd. to use its website for whatsoever reasons, BMS is entitled to take all actions to defend itself fully against you in the event of a dispute, claim or demand.
D. The Legal Relationship between You and BMS.
1.1 User Relationship.
BMS acts as a facilitator to help customers view articles, publications, sharings, products, services and events that stimulate and encourage positive development, holistic enrichment and personal growth vide practical tips, tools and information. As a limited payment agent, we accept payments and to help customers make payments on their behalf. We do not provide lending or banking facilities or systems but we merely are independent agents to assist payment transactions with the sender and the receiver of payments.
BMS acts based upon your direction and your requests to use our BMS that require us to perform tasks on your behalf. BMS or its designated bank(s) will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose.
1.2 BMS is only a payment facilitating agent.
By assisting current payment providers that have created, host, maintained and provide payment system, we merely route your payments for BMS to them via the Internet and the BMS website. Once again, BMS is not a remittance business or a money transfer service and personal payments are not allowed to be used to remit funds to third parties.
We do not have any control over, and are not responsible or liable for, the products or services that are paid for by you or your representative using our BMS payment system. We do not ensure that a buyer or a seller you are dealing with will actually complete the transaction. However, we will inform you of the identity of the designated bank responsible for receiving your BMS payments upon your request for your reference.
BMS shall not be held responsible for the actions and liabilities of its designated bank nor does BMS support, endorse and participate in any illegal activities to be sold via the Internet. It shall not be at fault if there is any duplication of blogspots.
1.3 License grant.
If you are using a BMS Application Programming Interface (API), developer’s toolkit or other software application that you have downloaded to your computer, device, or other platform, then the designated bank of BMS, BMS and its licensors have granted you a limited non-exclusive license to use such software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only.
You may not rent, lease or otherwise transfer your rights in the software to a third party.
You must comply with the implementation and use requirements contained in all BMS documentation, together with any instructions provided by us from time to time accompanying BMS (including, without limitation, any implementation and use requirements we impose on you to comply with applicable laws and card scheme rules and regulations). If you do not comply with BMB’ instructions, implementation and use requirements you will be liable for all resulting damages suffered by you, BMS and third parties.
You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to BMS’ software are owned by BMS or its owner or licensor.
2. Your Information and Restricted Activities.
“Your Information” is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our BMS. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information. Failure to provide true and accurate identification information is prohibited.
BMS will restrict your account and limit your access to funds should you fail to provide true and accurate information during registration.
2.2 Restricted Activities.
Your Information and your activities (including your payments and receipt of payments) through our BMS shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) consist of providing yourself a cash advance from your credit card (or helping others to do so), (d) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools); (e)violate BMS policy; (f) infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (g) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial BMS, consumer protection, unfair competition, antidiscrimination, or false advertising); (h) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (i) be obscene or contain child pornography; (j) contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; (k) use BMS to facilitate the sale of counterfeit goods; (l) create liability for us or cause us to lose (in whole or in part) the BMS of our ISPs or other suppliers; (m) involve the sale or transfer of your BMS bank account balance to any person for monetary consideration; (n) integrate the BMS in a manner inconsistent with BMS integration guidelines; (o) cause BMS to receive excessive complaints regarding your account or business; or (p) present to BMS a risk of non-compliance with the anti-money laundering obligations of BMS (including, without limitation, where we cannot verify your identity or you fail to complete the steps to lift your sending, receiving or withdrawal limit in accordance with the terms of this T&C. If you use, or attempt to use the BMS for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of your BMS account will be terminated and you will be subject to damages and other penalties, including civil and/or criminal prosecution where available.
2.3 Termination or Closing Your Account.
As mentioned in this T&C, BMS reserves the right to terminate and/or suspend your access to this website including any service and/or your use of the BMS website at any time, for any reason whatsoever and BMS shall not be bound to disclose any reason therefore. In particular, and without limitation, BMS may terminate and/or suspend your access and/or use should you violate any of these terms and conditions, or violate the rights of BMS, of any other user, or of any third party.
2.4 BMS’ Right to Hold Funds.
In order to ensure the integrity of a transaction, BMS reserves the right to hold funds or proceeds from transactions by placing them in a “pending” or hold status beyond the normal distribution period.
BMS may do this in order to mitigate risk related to transactions it considers suspicious.
2.4.1 Payment Holds.
a. You agree that if either:
i. you receive a payment that involves the risk of BMS’ position being adversely affected with respect to any liability of yours to BMS or any third party (“Transaction Risk”); or
ii. there may be a higher than acceptable level of risk or exposure associated with your account (based on the information available to BMS at the relevant time and its sole discretion, it is an acceptable level of risk or exposure to BMS under all circumstances),
iii. BMS, in its sole discretion (acting reasonably) place a hold on that or any payment. If BMS places a hold on funds in your account, we will notify you about it (including, without limitation, how long the hold may last).
b. BMS will release the hold made on your payment under this provision when BMS determines that the Transaction Risk; or risk or exposure associated with your account, no longer exists. Please note that, notwithstanding the above, if you receive a Dispute, Claim, Chargeback, or Reversal on the transaction payment subject to the hold, the funds (or an amount equal to the relevant payment) may be held in your account until the matter is resolved pursuant to this T&C.
c. You agree to provide to BMS any information as BMS may reasonably request to allow BMS to determine whether the Transaction Risk or risk or exposure to your Account has passed. You may close your Account if you object to the hold under this provision. If your Account is closed for any reason, BMS has the right to hold a payment under this provision for a period of up to 180 days from the date the complete obligations under the contract for sale (to which the payment in question relates) have been discharged.
2.5 Bill Payment Dispute.
The followings are BMS’ Bill Payment Dispute Categories:
(a) Double Payment;
(b) Over Payment;
(c) Wrong Payee Corporation;
(d) Wrong Account/Bill Number; and
(e) Unauthorized Payment (Fraudulent Case).
For category A, B, and C and E, BMS will proceed with the credit-back process once the nature of the complaint has been verified as valid by BMS. The verification process for the credit-back should be done within fourteen (14) to twenty-eight (28) working days from the date of receipt of complaint, but longer depending on whether it involves the designated bank of BMS, by BMS. Thereafter, the credit-back process should be completed within the next fourteen (14) working days following the completion of the verification process. Once the credit-back process is completed, you have up to seven (7) working days from the same date to confirm your choice of purchase of any of the products and/or services of BMS (depending on their availability), failing which the credit-back shall be automatically forfeited. BMS reserves its sole right to review all existing agreements with you if we continuously receive repeated incidences of fraud nature involving “Unauthorized Payment” made from a 3rd party or your bank account.
In the event that the Buyer request to carry forward the extra or over payment to next bill, BMS will verify and confirm the request with you via phone or e-mail. Upon receiving your verification vide email, BMS will proceed with the payment updating process to your BMS account within seven (7) working days.
For category D, BMS will update you on whether payment was received to its designated bank account / for the correct bill account number by two (2) to three (3) Business Days’ time upon the receipt of notification letter via e-mail of your payment from you. No payments will be considered or accepted where you have made payments to the wrong BMS bank account or for the wrong bill number. If you have made another payment to the correct account / for the correct bill account number, the second payment will be accepted as the only payment made by you.
2.6 Handling Dispute
1. BMS ensures that it will take all reasonable steps to mitigate harm and ensure that disputes are handled in an amicable, professional and civil manner before referring the same to a third party to negotiate a settlement or decision.
2. BMS shall not be held responsible if you did not receive your BMS goods/services from BMS or the third party supplier where goods were sent to your provided details;
3. BMS shall not be held responsible in the event BMS cancels or closes its online and physical shop.
4. BMS shall not be not responsible if you could not or cannot be contacted in relation to your dispute with BMS or in regards to your purchases.
2.7 Illegal Goods
BMS shall not be held responsible nor does BMS support any illegal goods to be sold via the Internet.
You are dutied to report any suspicious goods and activities to BMS through the provided email address for its investigation. However, BMS reserves to take all actions against you for inciting producing, creating, sharing and/or publishing any false news and information involving BMS and illegal goods and/or activities.
All trademarks, service marks, and logos displayed in this website are the property of BMS and/or their respective third party proprietors as identified in the BMS website.
Unless the prior written consent of the BMS or the relevant third party proprietor of any of the trademarks, service marks or logos appearing on the website has been obtained, no license or right is granted to any party accessing this website to use, download, reproduce, copy or modify such trademarks, BMS marks or logos. Similarly, unless the prior written consent of BMS or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to the BMS’ website or any other site.
4. Privacy and Security.
We view protection of users’ privacy as a very important principle. We therefore understand clearly that you and Your Information are one of our most important assets.
You should only log in to your BMS account on a page which begins with https://www.bodymindsoul.com.my. All of our pages begin with that link and therefore you should not use any other site that does not begin as such.
You hereby authorize BMS to disclose to its officers and/or any interested party in such manner and to such extent as BMS shall consider necessary for any purpose or to facilitate the use of this Service, the processing of any transaction effected or to be effected through the use of the Service. In addition, you hereby authorizes BMS to disclose any information concerning you to any of BMS’ existing or future business partners for the purpose of providing information about products or BMS or such privileges and benefits to you or for any other purposes. BMS may use any information concerning you to develop mailing lists which may be used by any of BMS’ existing or future business partners to offer products or BMS or such privileges and benefit to you or for marketing activities which you may receive through the mail.
If at any time you wish to have your name and address removed from such mailing list, you are required to write to BMS at the email address of firstname.lastname@example.org, or alternatively to click UNSUBSCRIBE at the bottom of the mails/newsletters received.
You hereby authorizes BMS to disclose any information to Bank Negara Malaysia and/or any governmental or enforcement agency, as may be required, whether pursuant to law or otherwise. BMS shall not be liable whether directly or indirectly to you or any other persons for such disclosure.
Unless otherwise indicated, the copyright in this website and its contents, including but not limited to the text, images, graphics, sound files, animation files, video files, and their arrangement, are the property of the BMS, and are protected by applicable Malaysian and international copyright laws. No part or parts of this website may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the express prior written consent of the BMS.
You also may not, without the BMS’ expressed prior written consent, insert a link to this website on any other website, frame or “mirror” any material contained on this website on any other server.
Any such unauthorized reproduction, retransmission or other copying or modification of any of the contents of the BMS’ website may be in breach of statutory or common law rights which could be the subject of legal action.
The BMS disclaims all liability which may arise from any unauthorized reproduction or use of the contents of this BMS’ website.
6. Exclusion of Liability
The BMS and/or its partners herein shall in no event be held liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this website (or any third party link to or from the BMS’ website), reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
BMS and/or its partners herein shall in no event be held liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this website (or any third party link to or from BMS website), reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
This T&C is provided on a willing basis and as such BMS is to be absolved of any liabilities from both seller and buyer. Any claim by any parties on the usage of this BMS is solely on the seller and buyer only and BMS shall not be a party to the claim.
This exclusion clause shall take effect to the fullest extent permitted by law.
You hereby irrevocably agree to fully indemnify and keep indemnified BMS and hold BMS harmless against all liabilities, claims, losses and expenses, including any legal fees that may be incurred by BMS in connection with or arising from (1) your use or misuse of this website and the BMS provided herein, or (2) your breach of these terms and conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against BMS in connection with your use of this website.
8. Law and Jurisdiction
This T&C is governed by and are to be construed in accordance with the laws of Malaysia. By accessing this website and/or using the BMS provided herein by BMS, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this website.
The BMS makes no representation that the materials, information, functions and/or BMS provided on this website are appropriate or available for use in jurisdictions other than Malaysia. I have read and understood the content thereof. I also agree to the terms and conditions governing this application and registration and any additions and amendments thereafter.