Terms of Service

Product Warnings

Always read the label

Follow the directions for use

If symptoms persist, talk to your health professional

If you are pregnant or breastfeeding talk to your health professional before use

If you have any pre-existing conditions, or are on any medications always talk to your health professional before use

Some products should be ceased at least two weeks before any elective surgery, please confirm with your health professional

Supplements should never replaced a balanced diet

Terms of purchase

1. General

The following constitute an agreement between you and  AlphaCell Enterprises Ltd (UEN) 20221282N202212826N202212826N (“AlphaCell Labs”, “we” or “us”), the operator of the AlphaCell Labs website's shopping page https://www.alphacell-labs.com/collections/all (“Online Shop”), in relation to the purchase of AlphaCell Labs Products via the Online Shop ("AlphaCell Labs Products")

By purchasing AlphaCell Labs Products via this Online Shop, you signify that you agree to these Terms of Purchase

2. Changes to these Terms of Purchase

We may change these Terms of Purchase at any time, as we deem appropriate. If we make changes, we will let you know by noting on the Online Shop that the Terms of Purchase have been updated.

If you disagree with the changes to these Terms of Purchase, discontinue your use of the Online Shop to purchase AlphaCell Labs Products via the Online Shop.

Your ongoing purchase of AlphaCell Labs Products or services via the Online Shop after the changes take effect signifies your agreement to the new terms.

2. Ordering AlphaCell Labs Products

A.         Capacity To Contract

Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our Online Shop, you warrant that you are over 18 years of age.

B.         Price and Product Availability

We endeavour to ensure that our product list is current, however we give no undertaking as to the availability of any product advertised on our Online Shop.

Prices are displayed in your local currency. We reserve the right to amend our prices at any time.

Unless indicated otherwise, packaging and postage is an additional charge, calculated at the time of purchase in accordance with your address for delivery.

Any order placed by you in the manner described on this Online Shop is an offer by you to purchase a particular product at the advertised price (including delivery costs and other charges) specified on this Online Shop at the time you place your order.

C.         Title and Risk

Legal title to all products purchased on this Online Shop passes to you when we receive payment ("Product Sale").

By purchasing, you agree that the relevant Product Sale is to be taken to have occurred and the sales contract formed in Singapore and is to be governed by the laws of Singapore, notwithstanding the location in which you reside or are located at the time you place your order or make your payment.

Following the Product Sale, the transportation of your ordered product to your address for delivery is undertaken by the transportation carrier acting as your agent.

All risk of loss or damage to your ordered product passes to you when we despatch the product.

D.         Order Cancellation Due To Error

Where a product has been listed at the incorrect price, with incorrect descriptive information or image due to a typographical error, or with a similar oversight, we reserve the right to cancel your transaction.

Where your credit card has been charged, we will refund your credit card for the total amount debited and this refund shall be a cap on our liability and obligations to you in this respect.

3. Payments

A.         Payment Methods

Payments can be made by [Visa, Mastercard, PayPal, American Express]

Unless otherwise specified, the price payable for AlphaCell  Products ordered is the price specified on this Online Shop, plus any applicable shipping and handling charges. Prices are inclusive of local taxes but exclusive of  possible taxes for all products shipped to your destination

B.         Payment Information

When you order from us, we require you to provide your name, address for delivery, email, telephone contact and payment method details.  

We undertake to take due care with this information and in compliance with our Privacy Policy, however in providing us with such information, you accept that we are not liable for its misuse due to an error in transmission, virus or malware.

4. Delivery

A.         World Wide Shipping  

Each purchase will be shipped as a separate order and cannot be combined. Whenever possible in the world. Orders will usually be dispatched within 2-3 working days. Upon providing your email, you will receive delivery notifications.

AlphaCell Labs cannot guarantee delivery times, including due to reasons beyond AlphaCell Labs's control.

Next-Day Deliveries are Stipulated on Post Express Post terms and conditions of services.

All deliveries are made Monday - Friday via [The courier choice of AlphaCell Labs ]

For international orders deliveries are sorted and shipped via air freight to the handling centre within your country and then delivered by your country's postal service. You agree that AlphaCell Labs is not responsible for, and has no control over, the local postal service in your country.

You agree that AlphaCell Labs cannot be held liable for any shipping issues, delays or errors originating from within your country.

When ordering from AlphaCell Labs, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped to you may be subject to import taxes, customs duties and fees levied by the destination country.

The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; AlphaCell Labs has no control over these charges and cannot predict what they might be. Customs policies vary widely from country to country and region to region; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original shipment delivery estimates.

AlphaCell Labs reserves the right not to deliver AlphaCell Labs Products to certain countries.

AlphaCell Labs is also not responsible for assuring the product can be lawfully imported to the destination country.

When ordering from AlphaCell Labs, for delivery to your country, you or the recipient of record must comply with all laws and regulations of the destination country. Accordingly, you should check any import laws or regulations that would restrict the importation of the AlphaCell Labs Products prior to purchase.

5. Product Returns

We accept returns for simply changing your mind after purchase within 30 days of purchase. The return must only be requested once. You must also send us the bottle back at your own expense with at least 2 capsules remaining.

Notwithstanding the above, AlphaCell Labs Products come with guarantees that cannot be excluded under international fair trading laws.

We undertake to replace any AlphaCell Labs Products delivered to you that is faulty or is in a damaged condition.

If we are unable at the time of return to replace or exchange the returned AlphaCell Labs Products, we undertake to reimburse your credit card for the amount initially debited for the purchase, including packaging and postage charges but this will be a cap on our liability and obligations to you in this respect.

6. Disclaimer of warranty & Limitation of Liability

Nothing in these terms and conditions is taken to exclude, restrict or modify any guarantee, condition or warranty that we are prohibited by law from excluding, restricting or modifying.

If such a statutory guarantee applies to these terms and conditions and we breach it, we accept liability for such breach. But, to the maximum extent permitted at law:

  • our liability is limited to the resupply of the relevant product or payment of the costs of resupplying the relevant product; and
  • we do not accept liability for any loss whatsoever, including consequential loss suffered by you arising from product/s we have supplied.

7. Jurisdiction

These terms and conditions are governed by and construed in accordance with the laws of Singapore, and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Singapore. You agree to submit to the jurisdiction of Singapore.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

AlphaCell Labs (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy [Insert URL Link to your Privacy Policy] (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that AlphaCell Labs and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at customercare@alphacell.com.au. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Singapore before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which AlphaCell Labs’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.