1. INTRODUCTION 44

1.1 Welcome to the Kytee Herbals platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a account ("Account") so that you are aware of your legal rights and obligations. The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site , and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content").

1.2 Before becoming a User of the Site, you must read and accept all of the terms and conditions and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.3 Kytee Herbals reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws.

1.4 Kytee Herbals reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING THE SITE OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN MALAYSIA (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT.

2. PRIVACY

2.1 Your privacy is very important to us. To better protect your rights, we have provided the privacy policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how we collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:

(i) consent to Kytee Herbals collection, use, disclosure and/or processing of personal data and User Information as described in the Privacy Policy;

(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Kytee Herbals and

(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Kytee Herbals prior written consent.

2.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Kytee Herbals. You acknowledge that Kytee Herbals may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

3. ACCOUNTS AND SECURITY

3.1 Some functions of our Services require registration for an Account by providing certain personal information.

3.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Kytee Herbals of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Kytee Herbals will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

3.3 You agree that Kytee Herbals may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your User ID, cancel any transactions associated with your Account and User ID, and/or take any other actions that Kytee Herbals deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (c) having multiple user accounts, or (d) behaviour that is harmful to other Users, third parties, or the business interests of Kytee Herbals. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Kytee Herbals may terminate your Account immediately with or without notice.

4. DELIVERY

4.1 Kytee Herbals will use our best effort to ensure that Users receives the purchased items within the time period normally specified by our logistic partners.

4.1 In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that Kytee Herbals will not be liable for any damage, expense, cost or fees resulted therefrom and Kytee Herbals will reach out to the logistic service provider to resolve such dispute.

5. RETURN AND REFUND

5.1 Buyer may apply for the return of the purchased item and refund, if applicable, subject to and in accordance with Kytee Herbals Refunds & Returns Policy

5.2 Kytee Herbals reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund paid into Buyer’s account.

6. FEEDBACK

6.1 Kytee Herbals welcomes information and feedback from our Users which will enable Kytee Herbals to improve the quality of service provided. Please refer to our feedback procedure below for further information:

(i) Feedback may be made in writing through email to or using the feedback form found on the Site.

(ii) Anonymous feedback will not be accepted.

(iii) Vague and defamatory feedback will not be entertained.

7. LINKS TO THIRD PARTY SITES

7.1 Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Kytee Herbals in any manner whatsoever and you therefore access them at your own risk. Kytee Herbals is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Kytee Herbals is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Kytee Herbals of any linked site and/or any of its content therein.

8. INDEMNITY

8.1 You agree to indemnify, defend and hold harmless Kytee Herbals, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction , (b) the hosting, operation, management and/or administration of the Services by or on behalf of Kytee Herbals, (c) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (d) your use or misuse of the Services.

9. SEVERABILITY

9.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

10. GOVERNING LAW

10.1 These Terms of Service shall be governed by and construed in accordance with the Malaysian law. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to Kytee Herbals or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Kuala Lumpur. There will be one (1) arbitrator and the language of the arbitration shall be English.

10. GENERAL PROVISIONS

11.1 Kytee Herbals reserves all rights not expressly granted herein.

11.2 Kytee Herbals may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

11.3 The failure of Kytee Herbals at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

11.4 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: kyteeherbals02@gmail.com.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

1. INTRODUCTION 66

1.1 Welcome to the Kytee Herbals platform. Kytee Herbals takes its responsibilities under applicable privacy laws and regulations ("Privacy Laws") seriously and is committed to respecting the privacy rights and concerns of all Users. Users refers to a user who registers for an account with us. We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data.

1.2 "Personal Data" or "personal data" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data could include name, identification number and contact information.

1.3 By using the Services, registering for an account with us, visiting our Platform, or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR PLATFORM. If we change our Privacy Policy, we will notify you including by posting those changes or the amended Privacy Policy on our Platform. We reserve the right to amend this Privacy Policy at any time. To the fullest extent permissible under applicable law, your continued use of the Services or Platform, including placing of any orders, shall constitute your acknowledgment and acceptance of the changes made to this Privacy Policy.

1.4 This Policy applies in conjunction with other notices, contractual clauses, consent clauses that apply in relation to the collection, storage, use, disclosure and/or processing of your personal data by us and is not intended to override those notices or clauses unless we state expressly otherwise.

2. WHEN WILL Kytee Herbals COLLECT PERSONAL DATA?

2.1 We will/may collect personal data about you:

1. when you register and/or open an account with us;
2. when you submit any form, including, but not limited to, application forms or other forms relating to any of our products and services, whether online or by way of a physical form;
3. when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services;
4. when you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media platforms and emails, including when you interact with our customer service agents;
5. when you use our electronic services, or interact with us via our application or use Services on our Platform. This includes, without limitation, through cookies which we may deploy when you interact with our application or website;
6. when you grant permissions on your device to share information with our application or Platform;
7. when you link your Kytee Herbals account with your social media or other external account or use other social media features, in accordance with the provider’s policies;
8. when you carry out transactions through our Services;
9. when you provide us with feedback or complaints;
10. when you register for a contest; or
11. when you submit your personal data to us for any reason

The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.

3. WHAT PERSONAL DATA WILL Kytee Herbals COLLECT?

3.1 The personal data that Vin Asia may collect includes but is not limited to:

1. Name;
2. Eemail address;
3. Date of birth;
4. Billing and/or delivery address;
5. Bank account and payment information;
6. Telephone number;
7. Gender;
8. Information sent by or associated with the device(s) used to access our Services or Platform;
9. Information about your network and the people and accounts you interact with;
10. Photographs or audio or video recordings;
11. Government issued identification or other information required for our due diligence, know your customer, identity verification, or fraud prevention purposes;
12. Marketing and communications data, such as your preferences in receiving marketing from us and third parties, your communication preferences and history of communications with us, our service providers, and other third parties;
13. Usage and transaction data, including details about your searches, orders, the advertising and content you interact with on the Platform, and other products and services related to you;
14. Location data;
15. Any other information about the User when the User signs up to use our Services or Platform, and when the User uses the Services or Platform, as well as information related to how the User uses our Services or Platform; and
16. Aggregate data on content the User engages with.

3.2 You agree not to submit any information to us which is inaccurate or misleading, and you agree to inform us of any inaccuracies or changes to such information. We reserve the right at our sole discretion to require further documentation to verify the information provided by you.

4. COOKIES

4.1 We or our authorized service providers and advertising partners may from time to time use "cookies" or other features to allow us or third parties to collect or share information in connection with your use of our Services or Platform. These features help us improve our Platform and the Services we offer, help us offer new services and features, and/or enable us and our advertising partners to serve more relevant content to you, including through remarketing. “Cookies” are identifiers that are stored on your computer or mobile device that record data about the computer or mobile device, how and when the Services or Platform are used or visited, by how many people and other activity within our Platform. We may link cookie information to personal data. Cookies also link to information regarding what items you have selected for purchase and web pages you have viewed. This information is used to keep track of your shopping cart, to deliver content specific to your interests, to enable our third party advertising partners to serve advertisements on sites across the internet, and to conduct data analysis and to monitor usage of the Services.

5. HOW DO WE USE THE INFORMATION YOU PROVIDE US?

5.1 We may collect, use, disclose and/or process your personal data for one or more of the following purposes:

1. to consider and/or process your application/transaction with us or your transactions or communications with third parties via the Services;

2. to manage, operate, provide and/or administer your use of and/or access to our Services and our Platform (including, without limitation, remembering your preference), as well as your relationship and user account with us;

3. to respond to, process, deal with or complete a transaction and/or to fulfil your requests for certain products and services and notify you of service issues and unusual account actions;

4. to enforce our Terms of Service;

5. to contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Services;

6. to produce statistics and research for internal and statutory reporting and/or record-keeping requirements;

7. to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction;

8. any other purposes which we notify you of at the time of obtaining your consent. (collectively, the “Purposes”).

5.2 You acknowledge, consent and agree that Kytee Herbals may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Kytee Herbals or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) comply with a request from any governmental or regulatory authority having jurisdiction over Kytee Herbals; (c) enforce the Kytee Herbals Terms of Service or this Privacy Policy; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Kytee Herbals, its users and/or the public.

5.3 As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the Privacy Laws.

6. HOW DOES Kytee Herbals PROTECT AND RETAIN CUSTOMER INFORMATION?

6.1 We implement a variety of security measures and strive to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. However, there can inevitably be no guarantee of absolute security.

6.2 We will retain personal data in accordance with the Privacy Laws and/or other applicable laws. That is, we will destroy or anonymize your personal data when we have reasonably determined that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; (ii) retention is no longer necessary for any legal or business purposes; and (iii) no other legitimate interests warrant further retention of such personal data. If you cease using the Platform, or your permission to use the Platform and/or the Services is terminated or withdrawn, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Policy and our obligations under the Privacy Laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you.

7. HOW CAN YOU WITHDRAW CONSENT, REQUEST ACCESS TO OR CORRECT INFORMATION YOU HAVE PROVIDED TO US?

7.1 Withdrawing Consent

7.1.1 You may withdraw your consent for the collection, use and/or disclosure and/or request deletion of your personal data in our possession or under our control by sending an email to our Personal Data Protection Officer at kyteeherbals@gmail.com , and we will process such requests in accordance with this Privacy Policy and our obligations under the Privacy Laws and other applicable law. However, your withdrawal of consent may mean that we will not be able to continue providing the Services to you and we may need to terminate your existing relationship and/or the contract you have with us.

7.2 Requesting Access to or Correction of Personal Data

7.2.1 If you have an account with us, you may personally access and/or correct your personal data currently in our possession or control through the Account Settings page on the Platform.

7.2.2 We reserve the right to refuse to correct your personal data in accordance with the provisions as set out in Privacy Laws, where they require and/or entitle an organization to refuse to correct personal data in stated circumstances.

8. QUESTIONS, CONCERNS OR COMPLAINTS? CONTACT US

8.1 In conducting our business, we will/may need to use, process, disclose and/or transfer your personal 8.1 If you have any questions or concerns about our privacy practices, we welcome you to contact us by e-mail at kyteeherbals02@gmail.com.

Kytee Herbals will use our best effort to ensure that Users receives the purchased items within the time period normally specified by our logistic partners.


In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that Kytee Herbals will not be liable for any damage, expense, cost or fees resulted therefrom and Kytee Herbals will reach out to the logistic service provider to resolve such dispute.