Terms & Conditions
P’Cell products are not intended to be drug products that diagnose, treat, cure, or prevent any disease or condition. These products have been registered under cosmetics category of the HSA (Health Sciences Authority) in Singapore.
These Terms and Conditions (“Terms of Use”) govern your access to and use of this website from KenCare Hodlings (Singapore) Pte. Ltd. (“KenCare”, “us” or “we,” and such services collectively, the “Sites”). Another of our Sites offer products for sale is ”www.pcellpromotion.com”. If you purchase products from a site where we offer products for sale to consumers, KenCare’s terms of sale posted on the relevant site will apply in addition to these Terms of Use.
1. Registration
You do not need to be a registered “Account” holder to visit the Site. However, if you wish to purchase the Products from the Site, you must register an account to let the Site capture your details for the processing of your purchase. In order to establish a Account, you must be at least 21 years of age and provide us with your name, a valid e-mail address, a password.
You agree that you will not provide any false personal information to the Sites, or create an account for anyone other than yourself without their permission. You will also not create more than one account for yourself. If you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (e.g., if a trademark owner complains about a username).
If you register with the Sites, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Sites. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your account.
You agree to notify KenCare immediately of any unauthorized use of your Account and other breach of security relating to the Site.
KenCare may, in its sole discretion, and at any time, with or without notice, terminate your password and account, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission. Additional terms and conditions may apply to certain limited-access portions of the Sites.
2. Third-Party Content
Certain content, features and functionality on the Sites (“Third-Party Content”), which may include, for example, general information, information about our company or about third parties, or interactive tools, may be owned and operated by third parties (collectively, “Third-Party Providers”). We may, but are not obligated to, monitor or review any areas on the Sites containing Third-Party Content. The inclusion of Third-Party Content is not, and should not be construed as, our endorsement of such Third-Party Content. Your use and interaction with such Third-Party Content may be subject to separate terms and conditions of Third-Party Providers. If you access Third-Party Content, you will comply with the terms and conditions that apply.
We will not responsible for Third-Party Content and hereby disclaim all liability related to it.
3. Use of Content
The Sites, including but not limited to text, logos, photographs, videos, designs, graphics, audio, downloads, interfaces, software, and features and all intellectual property associated with the foregoing, but specifically excluding Third-Party Content are owned by us. We grant you a limited, non-transferable, non-sublicensable, non-exclusive license to access and use the Sites, and download and print the Content, for your personal and non-commercial informational use only, provided you do not remove any copyright, trademark or other proprietary notice that appears on the Content.
We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Sites, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.
4. Material You Provide
You are responsible for any material you may submit via the Sites, including the legality, reliability, appropriateness, originality and copyright of any such material.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any material. You may not upload commercial content onto the Sites.
You grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any material that you submit throughout the world in any media.
You agree that we are free to use, without consideration, any ideas, concepts, know-how that you or individuals acting on your behalf provide to us. You grant and are authorized to grant us the right to use, without consideration, any name or likeness you submit in connection with such material.
You warrant that you own or otherwise control all the rights to any material you submit; that the material is accurate and non infringing, and does not otherwise violate the rights of any person or entity and it conforms to all applicable law; and you will indemnify us for all claims resulting from any material you submit.
We are under no obligation to use, post or disseminate any material you submit, and we have right to remove any material from the Sites in our sole discretion at any time.
5. Prohibited Activities
You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any of our servers, or to any of the services offered on or through the Sites, by hacking, password “mining” or other illegitimate means. The consumer-facing portions of the Sites are for the user’s personal and non-commercial use only.
You also may not use any “robot”, “spider”, “deep link”, “page-scrape,” or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites.
6. Links
The Sites may contain links to other websites, some of which may be operated by us and others of which may be operated or controlled by third parties (“Third-Party Sites”), including links contained in advertisements, such as banner advertisements and sponsored links. These links are provided as a convenience to you. We will not responsible for Third-Party Content and hereby disclaim all liability related to it.
7. Product Information
The products displayed on the Sites are only distributed in certain select countries. All information presented on the Sites is intended to be used for personal, educational or informational purposes only. You are responsible for seeking the advice of appropriate professionals concerning information, opinions and products available through the Sites.
Our products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of products to avoid potential allergic reactions.
Products may vary slightly from their pictures. The images of the products on our Sites are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products.
We have tried our best to ensure that the details, descriptions, images and prices appearing on the Sites are correct at the time the information was entered onto the system, to the fullest extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content on the Sites are accurate, complete, reliable, current or error-free.
8. Product Price
All prices displayed on the Sites are quoted in the “Singapore currency” unless another currency is specified, and are valid only in Singapore. A “suggested price” refers to the “manufacturer’s suggested retail price”. The price listed refers to the price at which we are making the product available.
If you place an order for a product through the Sites, you agree to pay the price that is stated in your order and any applicable taxes stated in your order. While we try to provide accurate pricing information on the Sites, a price stated on the Sites occasionally may be in error. If we determine that the correct price is higher than the stated price, we are not obligated to fulfill your order at the stated price.
Occasionally we may offer special promotions that we refer to as “Promotion” or “Special offer”. Promotion may be for a limited time only, may be available in limited quantities, and may be subject to additional terms and conditions. Promotion cannot be combined unless we specifically state otherwise.
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. In such a case, we may reject your order or our Customer Service department may call or email you to confirm your order.
We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.
9. Sales to Business Partners/ Professionals
Products can be ordered by business partners/professionals at the whole sale price and delivered to business partners/Professionals only within the country targeted by the Sites involved. Except where prohibited by law, we may limit the number of products available for purchase. When you place an order through the Sites, you make an offer to buy the relevant products. While we may confirm receipt and processing of orders, such confirmation does not constitute our acceptance of your order. We reserve the right to reject or cancel any order, or reduce the quantity of any order, in whole or in part, at any time prior to shipping as determined by us in our sole discretion.
To be a “Business Partner” (Distributor, Re-Seller, Sales Representative or “P’CELL Professional” (Application Centre, Doctor) you need to send us your/your company profiles and sign contract with us (Distributor Contract, Sub-Distributor Contract, Consultant/or and Services Contract). For further information, you can contact us by email: pcell@kencare.com.sg
10. Trademarks and Copyrights
All trademarks, trade names, service marks, trade dress, Content and Third-Party Content displayed on the Sites are our property or the property of our licensors, content providers or other third parties (IP). Except as specifically provided in these Terms of Use, nothing in these Terms of Use or on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any IP without our or our licensor’s prior written consent.
11. Infringement Notice
We have adopted a policy to respond to notices of claimed infringement and terminate, in appropriate circumstances, the accounts of users who are repeat copyright infringers. If you believe that your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, you may notify us immediately.
12. Termination
You understand and agree that we may terminate your account or password, delete your account information, and/or prohibit you from accessing the Sites, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. We shall not have any liability to you or any other person for any termination of your access to the Sites and/or the removal of information concerning your Account. In addition, any violation of this Agreement may be referred to law enforcement authorities.
13. Disclaimers
– Medical Advice & Drugs Disclaimer
The Products described and/or sold on this website are intended to meet the Heath Authority of Singapore (“HSA”) definition of a cosmetic product. The Products are not intended to be drug products that diagnose, treat, cure, or prevent any disease or condition.
KenCare has registered the products with Health Sciences Authority of Singapore (“HSA”) in accordance with Health Products under Cosmetic Products – ASEAN Cosmetic Directive.
The information on the Site is meant for informational purposes only and is not meant to act as a substitute for advice provided by a physician or other qualified healthcare professionals. You should consult a healthcare professional prior to making any decisions, or undertaking any actions or not undertaking any actions related to any health care problem or issue you might have at any time, now or in the future.
– Products Description Disclaimer
We attempts to provide accurate and updated information with respect to the Products described on the Site, however, we makes no guarantee that the Product descriptions and information on the Site are complete, accurate, timely or free from error.
– Contact list and Directory Disclaimer
The names and contact information for our Partners/ Distributors/ Re-Sellers/ Sales Representatives and Application Centres that can be found through the Site’s are provided merely as a convenience to you and do not constitute or imply KenCare’s endorsement or recommendation of their services and/or their products. KenCare makes no representations or warranties of any kind as to services and/or products provided by any and all liability for damages, including but not limited to, direct, indirect, consequential, special, punitive, exemplary, incidental or any damages relating to your use of the information provided or the actions of any of the partners/distributors/re-sellers/sales representatives listed.
If you are partners/distributors/re-sellers/sales representatives and would like to request a change to your contact information as it appears on this website or be added or deleted to/from this list, please email or contact us.
14. Limitation of Lability
You acknowledge and agree that neither we nor any of our affiliates, service provider, licensors or representatives will be liable to you for any defamatory, offensive or illegal conduct of any user of the Sites. Nothing in this agreement shall limit or exclude our liability for (I) Fraud or Fraudulent misrepresentation; (ii) Death or personal injury caused by negligence; or (iii) any other liability which we cannot exclude or limit by law.
The internet may be subject to breaches of security. KenCare is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet.
12. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless us, our affiliates and our respective officers, directors, shareholders, employees, contractors, agents, licensors, third-party service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Losses”) arising out of or relating to (i) your use of the Sites, Content or Third-Party Content other than as expressly authorized in these Terms of Use; (ii) your violation of any terms of use or similar terms provided by Third-Party Providers with respect to any Third-Party Content; or (iii) claims arising from your fraud, intentional misconduct, criminal acts or gross negligence. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption. This provision does not apply to intentional or reckless acts or gross negligence on our part. You will cooperate as fully and as reasonably required in KenCare’s defense of any claim.
16. Governing law
The Agreement, Terms of use and Privacy Policy shall be governed by and interpreted according to the laws of the Republic of Singapore.
- Dispute Resolution
Any dispute arising out of or in connection with the Agreement, Terms of Use and/or Privacy Policy, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore. The tribunal shall consist of a single arbitrator. The language of the arbitration shall be in the English language.
Any dispute arising out of or in connection with the Agreement and/or Privacy Policy, including any question regarding its existence, validity or termination, shall be referred to the exclusive jurisdiction of the Singapore Courts.
17. Miscellaneous
- Feedback
KenCare will be free to use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback provided to KenCare through any manner or means, as it sees fit, entirely without obligation to you or restriction of any kind on account of intellectual property rights or otherwise.
You have no obligation to, but may provide suggestions, comments, or other feedback to KenCare with respect to the Site, the Products or the services provided through the Site (“Feedback”).
You agree that all Feedback is given voluntarily and it is not and will not be treated as confidential even if you designate it as confidential.
- Notices
You agree that KenCare may provide you with notices, including but not limited to changes to the Agreement, Terms of use and the Privacy Policy by e-mail, regular mail, or publications on the Site.
- Advertisements
KenCare may display advertisements and promotions on any part of the Site. The manner, mode and extent of advertising by KenCare on the Site are subject to change and the appearance of advertisements on the Site does not imply endorsement by KenCare of any advertised products or services.
KenCare shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any such dealings or as the result of the presence of any advertisements on the Site.
KenCare shall also not be responsible or liable for any damage or loss as the result of your clicking on any advertisements, whether or not such advertisements are in the form of text, media, animation or such other form.
18. Changes of Terms of Use
To the fullest extent permitted by applicable law, we reserve the right in our sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Sites. It is your responsibility to check for any changes we make to these Terms of Use each time you use the Sites or any portion thereof. If you access or use the Sites in any way after the Terms of Use have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms of Use will be available on the Sites and will supersede all previous versions of these Terms of Use. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by an authorized officer of KenCare.
19. Entire Agreement
These Terms of Use and any policies, operating rules, or Terms of Sale posted on the Sites (but excluding those terms and other conditions offered by the Third-Party Providers, as described in the paragraph entitled “Third-Party Content”) constitute the entire agreement and understanding between you and us with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
20. Waiver
No waiver by us of any term or condition set forth in these Terms of Use shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
21. Severability
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
22. How To Contact Us
If you have any questions or comments about these Terms of Use or the Sites, please email us at pcell@kencare.com.sg or write to us at:
KenCare Holdings (Singapore) Pte. Ltd.
3791 Jalan Bukit Merah, #09-11, E-Centre, Singapore 159471.
Thank you for visiting our Sites!