Welcome to www.bewellasia.co, a website operated by NFNT Co., Ltd. We offer an online wellness service enabling our subscribers to purchase laboratory diagnostics, report their health history and engage healthcare providers to obtain advice regarding the results of such diagnostics and other wellness-oriented advice. The following terms and conditions form a binding agreement between you and us, whether or not you register and become a Subscriber or Health Advisor or simply browse the Site as a Visitor.

PLEASE READ THESE SYSTEM RULES OF USE CAREFULLY. BY ACCESSING THE SITE OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE SYSTEM RULES. IF YOU DO NOT WISH TO BE BOUND BY THESE SYSTEM RULES, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

1. Our Contract with You

1.1 These Terms will apply to any Order we accept from you via our website or mobile app, including any Order that is changed under paragraph 4. Note that unless you accept these Terms, you should not be placing an Order.

1.2 We may change the Terms from time to time and it is the current version which will apply to each Order when you place it.

1.3 Please read these Terms carefully and make sure that you understand them before placing an Order. The Terms restrict Our liability to you in certain circumstances. Please see paragraph 11.

1.4 If you need to contact Us at any time about an Order you may do so as set out in paragraph 13.

2. Definitions

2.1 When the following words with capital letters are used in these Terms, this is what they will mean

2.1.1 Site: BeWell’s website and mobile applications.

2.1.2 Event Outside Our Control: any occurrence or circumstances over which we have no control as described in paragraph 2 and including (without limitation) the unavailability of any Service Provider, key personnel or key materials without which We are unable to provide the Services;

2.1.3 Product: any of the tests or services available on our Site.

2.1.4 Order: your order for the products, tests or services as set out in the order form submitted via the Site;

2.1.5 Services: Laboratory tests performed by one of our Service Providers

2.1.6 Service Providers: any third party with which we contract in order to assist us in providing the Services;

2.1.7 Terms: these terms and conditions as amended from time to time; and

2.1.8 BeWell/We/Our/Us: NFNT Co., Ltd. (Trading as BeWell), 050-556-001-2667, Chiang Mai, Thailand.

2.1.9  You or Your refers to the person accessing or using the Site or Services.

2.2 When we use the words “writing” or “written” in these Terms, this will include e-mail and notifications via the Site.

3. Placing an Order

3.1 Please ensure that you check the details of your Order before purchasing as We will not be liable to you for any errors you make. If you think that you may have made a mistake, please contact Us as set out in paragraph 13. We will confirm any changes to your Order by email. Changes are also dealt with under paragraph 4.

3.2 Submission of an Order does not create a contract between us. The contract arises when We send you an email confirming acceptance of your Order and that your payment has been accepted.

3.3 We will assign an order number to each Order and inform you of it when We accept the Order. Please quote the order number in all subsequent contact with Us.

3.4 If for any reason We are unable to fulfill your Order, We will let you know by email and cancel your order.

3.5 The Site is not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain personal information from people we actually know are under 20 years old, and no part of the Site or Services is designed to attract people under 20 years old. If we later obtain actual knowledge that a user is under 20 years old, we will take steps to remove that user’s personal information from our databases. By using our Site, you represent that you are at least 20 years old.

4. Changes to Your Order

4.1 You cannot make changes to your Order online once it has been placed and the payment has been processed. If you wish to add more tests or services to your Order please create a new Order. If you wish to cancel certain tests or services please see paragraph 5.

4.2 With your consent and at our discretion, We may make a change to your Order as an alternative to cancelling.

5. Cancelling or Your Order

5.1 You have the following limited rights to cancel an Order.

5.2 You may cancel your Order in the following circumstances:

5.2.1 Within 24 hours of making the online purchase by contacting Customer Support at [email protected], in this case contact us with your order number and “Cancel Order” in the message subject line and we will issue a full refund.

5.3 You acknowledge that once a sample has been collected from you at the test location any rights of cancellation you may have under the Consumer Contracts Regulations or any equivalent law or regulations will be lost.

5.4 If an Event Outside Our Control prohibits us from delivering your order and providing the service and you will be issued a full refund of any payments collected from you for any tests, services or products we were not able to deliver or perform.

6. Our Rights to Cancel Your Order

6.1 We may cancel your Order and the contract between you and Us in the following circumstances:

6.1.1 as a result of an Event Outside Our Control; or

6.1.2 if you fail to make the payment for the Order.

6.2 If we cancel your Order we will contact you by email and arrange a full refund of any payments collected from you for any tests, services or products we were not able to deliver or perform.

7. Delivery of Your Order

7.1 Subject to paragraph 12, We will use reasonable endeavours to deliver your test voucher and test results but we cannot guarantee to do so. We use our best endeavours to communicate any delay to you by email or phone and to deliver orders to our customers, but exclude any liability for any and all consequential losses which a customer may suffer as a result of late delivery.

8. Service Standards

8.1 We will provide the Services with reasonable care and skill in accordance with good industry standards.

8.2 We guarantee that all tests will take place in a licensed medical facility and be performed by a professional medical technologist, registered nurse or doctor.

9. If there is a Problem with the Services

9.1 If there is any problem with the Services:

9.1.1 please contact our Customer Support by email at [email protected] as detailed on the Site and tell Us as soon as reasonably possible;

You will not have to pay for Us to deal with your complaint.

9.2 Complaints should be notified to Us no later than 1 week after the delivery of your results if you believe that We are in breach of our obligations under these Terms.

9.3 As a consumer, you have statutory rights if our Services are not carried out with reasonable skill and care, or if the materials used are faulty or not as described. Nothing in these Terms will affect these legal rights.

10. Price and payment

10.1 The price of the Services will be set out in Our Test & Packages page as set out on the Site and will be the price in force at the time you place your Order. Our prices may change at any time, but price changes will not affect Orders that We have accepted in accordance with paragraph 3.2.

10.2 Upon placing an Order and paying by bank or credit card we will charge the card before generating your test voucher.

10.3 If for any reason we are unable to take payment you will become liable to Us for the sum due plus interest at the rate 3% a year above the base lending rate of Bangkok Bank from the time to time. Interest will accrue on a daily basis from due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

11. Our Liability to You

11.1 In the unlikely event that we are unable to deliver or perform a product, test or service we will issue a full refund to your card or by bank transfer for the corresponding product, test or service.

11.2. We will not be held responsible for any damaged or stained clothing as a result of a test performed at our test locations.

11.3 If you use the Services for any commercial, business or re-sale purpose, We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. Events Outside Our Control

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, or the reasonable control of any of our Service Providers including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or closure or failure of public infrastructure or public or private telecommunications networks.

12.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

12.3.1 We will contact you as soon as reasonably possible to notify you; and

12.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; or

12.3.3 You may cancel your Order under paragraph 5.4 or We may cancel it under paragraph 6.1.1.

12.3.4 If your Order is cancelled We will refund your Order at no cost to you.

13. Information About Us and How to Contact Us

13.1 We are a company registered in Thailand. Our company registration number is 050-555-901-0087.

13.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by e-mailing Us at [email protected] or sending a request via the Site.

13.3 If you wish to contact Us in writing, or if any paragraph in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail at [email protected]. We will confirm receipt of this by email. If We have to contact you or give you notice in writing, We will do so by notification via the Site or by e-mail to the address you provide to Us in the Order.

14. Please see our Privacy Policy for the full details of how we collect, use and share your personal information.

15. Discount Codes and Promotions

15.1 Discount codes are subject to expiry dates and value for particular promotions.

15.2 These terms apply to all BeWell Discount codes and are subject to BeWell’s full service terms and conditions and website terms and conditions.

15.2 Discount codes cannot be used in conjunction with any other BeWell Discount codes or any other offer.

15.3 Only one Discount code may be used per transaction.

15.4 Discount codes are strictly non-transferable, and have no cash value. Placing a Discount code for sale is strictly prohibited and renders the Discount code void.

15.5 BeWell reserves the right to reject a Discount code with reasonable cause.

15.6 BeWell reserves the right to withdraw this offer at any time and without warning.

16. Other Important Terms

16.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

16.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

16.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.4 These Terms are governed by Thai law and will be subject to the exclusive jurisdiction of the Thai courts.

17. Violations

17.1 Please report any violations of these System Rules to [email protected].