Terms of service

OVERVIEW

Welcome to MUTANT® Nation Malaysia.

These Terms of Service (“Terms”) govern your access to and use of the MUTANT® Nation Malaysia website, online store, products, services, accounts, membership programme, rewards programme, subscriptions, promotions and all related features, tools and services (collectively, the “Services”).

The Services are operated by De Axcend Sdn Bhd (“MUTANT® Nation Malaysia”, “we”, “us” or “our”) and are powered by Shopify.

By visiting, accessing, browsing, registering an account, placing an order, participating in a promotion, joining our membership or rewards programme, subscribing to a product, or otherwise using our Services, you acknowledge that you have read, understood and agreed to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNT

By using the Services, you represent that you are legally capable of entering into a binding agreement under applicable law.

You may be required to provide certain information when accessing or using the Services, including your name, email address, billing information, payment details and shipping information.

You represent and warrant that all information provided by you is accurate, complete, current and not misleading.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted through your account.

Accounts and any associated membership benefits, points, rewards, vouchers, discounts or privileges are personal to the registered customer and may not be sold, transferred, assigned or otherwise provided to another person unless expressly permitted by MUTANT® Nation Malaysia.

We reserve the right, to the fullest extent permitted by applicable law, to suspend, restrict or terminate an account where we reasonably believe there has been fraud, abuse, misuse, suspicious activity, violation of these Terms or conduct detrimental to MUTANT® Nation Malaysia or its Services.

SECTION 2 — PRODUCTS AND PRODUCT INFORMATION

We make reasonable efforts to ensure that product descriptions, images, specifications, flavours, sizes, ingredients, nutritional information, pricing and availability displayed through our Services are accurate.

However, actual product packaging, colour, appearance, labelling or presentation may vary from images displayed online due to packaging updates, manufacturing changes, photography, screen settings or other factors.

Customers should always refer to the physical product packaging and label for the most current product information before use.

We do not guarantee that the appearance of products will exactly match images displayed through the Services.

All products and product variations are subject to availability.

We reserve the right to modify, replace, restrict, limit or discontinue any product, flavour, size, packaging or product offering at any time.

Nothing contained on our Services is intended to constitute medical, nutritional or healthcare advice. Customers are responsible for determining whether a product is suitable for their individual circumstances and should obtain professional advice where appropriate.

SECTION 3 — ORDERS

Submitting an order constitutes an offer to purchase and does not constitute acceptance of the order by MUTANT® Nation Malaysia.

All orders are subject to acceptance, successful payment, product availability and any applicable purchasing limitations.

We reserve the right, to the fullest extent permitted by applicable law, to accept, reject, limit, modify or cancel an order where reasonably necessary, including but not limited to circumstances involving:

  • suspected fraud or unauthorised transactions;

  • incorrect pricing or product information;

  • stock availability;

  • technical or system errors;

  • suspected commercial resale;

  • misuse of promotional codes, discounts, vouchers, rewards or benefits;

  • violation of these Terms; or

  • circumstances that reasonably prevent us from fulfilling the order.

If payment has already been successfully collected for an order that we subsequently cancel, any refund due will be processed through the applicable payment method, subject to the processing time of the relevant payment provider.

Customers are responsible for reviewing all order information, including products, flavours, sizes, quantities, delivery details and promotional codes, before completing checkout.

Once an order has been confirmed or entered into processing, we may be unable to accommodate amendments or cancellation requests.

Purchases made through our Services are intended for personal or household use unless otherwise expressly agreed by MUTANT® Nation Malaysia.

SECTION 4 — PRICES, PAYMENT AND BILLING

Unless otherwise stated, all prices displayed through the Services are in Malaysian Ringgit (RM/MYR).

Prices, discounts, bundles, promotional offers, shipping charges and other commercial terms may be changed from time to time without prior notice, except where notice is required by applicable law or expressly stated otherwise.

The applicable price will generally be the price displayed and accepted at checkout when the order is placed, subject to correction of genuine pricing, technical or system errors.

MUTANT® Nation Malaysia reserves the right to correct genuine pricing, promotional, technical or system errors.

Where such an error materially affects an order that has already been submitted, we may contact the customer and take reasonable corrective action, including cancelling the affected item or order and issuing an applicable refund.

You agree to provide valid, current, complete and accurate purchase, billing, payment and account information.

By providing payment information, you represent that you are authorised to use the selected payment method and authorise MUTANT® Nation Malaysia and/or its payment service providers to process the applicable charges.

SECTION 5 — PRODUCT SUBSCRIPTIONS

Certain products may be available through a recurring subscription service (“Subscription”).

By selecting a Subscription option and completing your purchase, you acknowledge and agree to the Subscription terms displayed at the time of purchase together with these Terms.

5.1 Recurring Subscription Orders

A Subscription allows eligible products to be supplied on a recurring basis according to the frequency and Subscription period selected or stated at the time of purchase.

Where automatic recurring payment is enabled, you authorise MUTANT® Nation Malaysia and/or our payment service provider to automatically charge your selected payment method for each recurring Subscription order in accordance with your Subscription plan.

Customers are responsible for ensuring that their payment and delivery information remains accurate and valid throughout the Subscription period.

5.2 Product and Flavour Selection — No Flavour Changes

The product, size and flavour selected at the time the Subscription is confirmed will apply throughout the applicable Subscription period.

Once a Subscription has been confirmed, the selected flavour cannot be changed, switched or substituted during the Subscription period.

Customers are responsible for carefully reviewing and confirming their selected product, size and flavour before completing the Subscription.

Requests to change flavours during an active Subscription will not be accepted.

5.3 Subscription Price Adjustment

Subscription prices are calculated based on the prevailing retail price at the time each subscription order is processed. Prices may be adjusted automatically without prior notice if the retail price changes. Any applicable subscription discount will be calculated based on the latest retail price.

The revised Subscription price will automatically apply to all subsequent billing cycles from its effective date.

MUTANT® Nation Malaysia reserves the right to determine and revise Subscription pricing from time to time, subject to applicable law.

5.4 Subscription Benefits and Promotions

Subscription prices, discounts, benefits, gifts, rewards and promotional incentives are subject to the applicable terms stated at the time of Subscription or promotion.

Unless expressly stated otherwise:

  • Subscription benefits are non-transferable;

  • Subscription benefits cannot be exchanged for cash;

  • promotional codes, vouchers and other discounts cannot be combined with Subscription pricing;

  • gifts and promotional items are subject to availability; and

  • Subscription benefits may be modified or discontinued in accordance with these Terms and applicable law.

5.5 Product Availability

All Subscription orders remain subject to product availability.

MUTANT® Nation Malaysia does not guarantee the continuous availability of any specific product, size or flavour throughout the Subscription period.

If a subscribed product or flavour becomes temporarily or permanently unavailable, MUTANT® Nation Malaysia may contact the subscriber regarding the affected order and determine the appropriate fulfilment arrangement.

This may include delaying or pausing the affected fulfilment, cancelling the affected order or Subscription, or providing an applicable refund or credit where appropriate.

5.6 Subscription Changes

Customers are responsible for ensuring that all Subscription details are correct before confirming the Subscription.

Changes to the subscribed product, size, flavour, delivery frequency or other Subscription details during an active Subscription may be restricted according to the applicable Subscription plan.

For avoidance of doubt, flavour changes are strictly not permitted during the Subscription period.

5.7 Subscription Cancellation

Any cancellation of a Subscription is subject to the cancellation terms, minimum commitment period, cancellation deadline and other conditions applicable to the Subscription plan selected by the customer.

Cancellation of a Subscription applies only to future eligible recurring orders and does not automatically cancel, reverse or refund an order that has already been processed, charged, packed or dispatched.

Any amounts already due or charged before the effective cancellation date remain payable and are not automatically refundable, except where otherwise required by applicable law.

5.8 Failed Payments

If a recurring Subscription payment is unsuccessful, MUTANT® Nation Malaysia and/or its payment service provider may retry the payment.

We reserve the right to pause or suspend Subscription fulfilment until successful payment has been received.

Failure to successfully process a payment may result in the suspension or termination of the applicable Subscription.

5.9 Subscription Abuse

Subscription pricing, discounts, benefits and promotional incentives are intended for genuine eligible purchases.

We reserve the right to investigate, restrict, suspend or terminate a Subscription where we reasonably determine that there has been fraud, misuse, manipulation, unauthorised resale, promotional abuse, system exploitation or violation of these Terms.

Any benefits, discounts, rewards or promotional incentives obtained through such activity may be withdrawn or reversed where permitted by applicable law.

5.10 Changes to the Subscription Programme

To the fullest extent permitted by applicable law, MUTANT® Nation Malaysia reserves the right to revise, modify, suspend or discontinue the Subscription programme, including its pricing, eligible products, benefits, discounts, features, mechanics and terms from time to time.

Where a change materially affects an existing Subscription, notice will be provided where required by applicable law.

5.11 Subscription Decisions

Subject to applicable Malaysian law and any rights that cannot lawfully be excluded, MUTANT® Nation Malaysia reserves the right to interpret and administer the Subscription programme and these Subscription Terms.

MUTANT® Nation Malaysia’s decision regarding the administration and application of the Subscription programme shall be final.

SECTION 6 — SHIPPING AND DELIVERY

All delivery dates and delivery times provided are estimates unless expressly stated otherwise.

We are not responsible for delays caused by circumstances reasonably outside our control, including courier delays, incorrect or incomplete delivery information, customs processing, severe weather, public holidays, service disruptions or other external events.

Customers are responsible for providing complete and accurate delivery information.

Where permitted by applicable law, additional delivery or redelivery charges resulting from incorrect information supplied by the customer, failed delivery attempts or refusal to accept delivery may be charged to the customer.

Risk of loss or damage during delivery shall be determined in accordance with applicable law and the relevant delivery arrangements.

SECTION 7 — RETURNS, REFUNDS, EXCHANGES AND CANCELLATIONS

Returns, refunds, exchanges and cancellations are subject to our applicable Return and Refund Policy and Malaysian law.

Unless otherwise required by applicable law or expressly approved by MUTANT® Nation Malaysia, change-of-mind returns or exchanges may not be accepted for products that have been opened, used, consumed, damaged or are otherwise no longer in their original and resalable condition.

For hygiene, health, safety and product-integrity reasons, opened food, nutritional supplements and other consumable products may not be eligible for return or exchange unless they are defective, damaged, incorrectly supplied or otherwise required to be accepted under applicable law.

Customers should inspect their orders promptly upon delivery and contact us within the applicable period stated in our Return and Refund Policy if there is an issue.

Any approved refund will generally be made to the original payment method unless otherwise determined by MUTANT® Nation Malaysia or required by applicable law.

Nothing in these Terms excludes or limits any consumer right that cannot lawfully be excluded or limited.

SECTION 8 — PROMOTIONS, DISCOUNTS, VOUCHERS AND PROMOTIONAL CODES

From time to time, MUTANT® Nation Malaysia may offer promotions, discount codes, vouchers, bundles, gifts-with-purchase, flash sales, special pricing or other promotional benefits.

Each promotion may be subject to separate terms, eligibility requirements, validity periods, minimum spending requirements, product restrictions or other conditions.

Unless expressly stated otherwise:

  • promotions and vouchers cannot be exchanged for cash;

  • promotional benefits are non-transferable;

  • promotional codes are limited to eligible purchases;

  • promotional items and gifts are subject to availability;

  • discounts, vouchers and promotional codes cannot be combined or stacked;

  • minimum spending requirements may apply;

  • each promotion is valid only during the stated promotional period; and

  • cancelled, refunded or returned orders may result in promotional benefits, rewards or gifts being withdrawn.

MUTANT® Nation Malaysia reserves the right to reject, cancel, reverse or withdraw a promotional benefit where we reasonably determine that there has been fraud, manipulation, duplicate-account abuse, technical exploitation, unauthorised resale, misuse or violation of the applicable promotional terms.

Where promotional materials contain a genuine typographical, pricing, technical or system error, we reserve the right to correct the error and take appropriate action in accordance with applicable law.

SECTION 9 — MEMBERSHIP AND REWARDS

Where MUTANT® Nation Malaysia offers a membership, points, loyalty or rewards programme, participation is subject to these Terms and any additional programme-specific terms.

Points, rewards, vouchers, birthday benefits, referral rewards, promotional credits and membership privileges:

  • have no cash value unless expressly stated;

  • are non-transferable unless expressly permitted;

  • may be subject to expiry dates;

  • may be limited to selected products, purchases or activities; and

  • may not be combined with other offers unless expressly permitted.

Points or rewards may only be earned and redeemed according to the applicable programme rules.

MUTANT® Nation Malaysia may reverse, cancel or remove points, vouchers, rewards or benefits awarded as a result of cancelled, refunded, fraudulent, manipulated or otherwise ineligible transactions or activities.

We reserve the right to suspend or terminate membership accounts and remove improperly obtained points, vouchers, rewards or benefits where we reasonably determine that there has been fraud, abuse, manipulation or violation of programme rules.

To the fullest extent permitted by applicable law, we reserve the right to revise the programme structure, earning rates, redemption rates, qualifying activities, benefits, rewards, eligibility requirements and other programme features from time to time.

MUTANT® Nation Malaysia’s decision regarding the administration and application of the membership and rewards programme shall be final, subject to applicable law.

SECTION 10 — INTELLECTUAL PROPERTY

The Services and all content available through them, including but not limited to trademarks, brand names, logos, product names, photographs, videos, graphics, designs, text, copy, layouts and other materials, are owned by or licensed to MUTANT® Nation Malaysia, De Axcend Sdn Bhd and/or their respective licensors and are protected by applicable intellectual property laws.

You may use the Services for personal and non-commercial purposes only.

You may not reproduce, copy, distribute, modify, republish, commercially exploit, transmit or otherwise use any protected material without the prior written permission of the relevant rights holder, except where permitted by law.

MUTANT® and related trademarks, names, logos and intellectual property remain the property of their respective owners.

All rights not expressly granted under these Terms are reserved.

SECTION 11 — OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, payment services, applications, integrations or other functionality provided by third parties.

Such third-party services may be provided on an “as is” and “as available” basis and may be subject to separate terms and privacy policies.

We do not control all aspects of third-party services and, to the fullest extent permitted by applicable law, are not responsible for interruptions, errors, failures or other issues caused solely by third-party systems outside our reasonable control.

Your use of third-party services is subject to the applicable terms of those providers.

SECTION 12 — THIRD-PARTY LINKS

The Services may contain links to websites, services or content operated by third parties.

MUTANT® Nation Malaysia is not responsible for examining or evaluating the accuracy, content, security, products, services, policies or practices of third-party websites.

Accessing third-party websites is at your own discretion and risk.

Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 13 — RELATIONSHIP WITH SHOPIFY

MUTANT® Nation Malaysia uses Shopify to provide certain ecommerce infrastructure and functionality.

However, purchases made through the MUTANT® Nation Malaysia store are transactions between the customer and MUTANT® Nation Malaysia.

Shopify is not the seller of MUTANT® Nation Malaysia products.

Certain aspects of your use of Shopify-powered Services may also be subject to Shopify's applicable terms and privacy practices.

SECTION 14 — PRIVACY

Personal information collected through the Services will be handled in accordance with our Privacy Policy and applicable data protection requirements.

Because our Services may rely upon Shopify, payment providers, logistics providers and other third-party service providers, information may be processed or shared with such providers where reasonably necessary to operate and provide the Services.

Please refer to our Privacy Policy for further information regarding the collection, use, storage and disclosure of personal information.

SECTION 15 — REVIEWS, CONTENT AND FEEDBACK

If you submit, upload, publish, email or otherwise provide reviews, photographs, videos, testimonials, comments, suggestions, ideas or other content (“Feedback”), you represent that you own or have the necessary rights to provide such Feedback.

To the extent permitted by applicable law, you grant MUTANT® Nation Malaysia a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publish, display and distribute such Feedback for legitimate business, operational, marketing and promotional purposes.

We are not obligated to compensate you for Feedback unless expressly agreed otherwise.

We reserve the right to monitor, edit, reject or remove Feedback that we reasonably determine to be unlawful, misleading, fraudulent, defamatory, abusive, obscene, infringing, offensive or otherwise in violation of these Terms.

You remain responsible for the accuracy and legality of any Feedback submitted by you.

SECTION 16 — ERRORS, INACCURACIES AND OMISSIONS

Information provided through the Services may occasionally contain typographical, technical, pricing, inventory, promotional or other errors, inaccuracies or omissions.

MUTANT® Nation Malaysia reserves the right to correct such errors, inaccuracies or omissions and to update information at any time.

Where an error materially affects an order that has already been placed, we may take reasonable corrective action, including contacting the customer, correcting the affected information, cancelling an affected item or order and providing an applicable refund.

SECTION 17 — PROHIBITED USES

You may use the Services only for lawful purposes.

You must not:

  • use the Services for unlawful, fraudulent, abusive or malicious purposes;

  • infringe our intellectual property rights or those of another party;

  • submit false, fraudulent or misleading information;

  • impersonate another person or entity;

  • transmit viruses, malicious code or harmful technologies;

  • interfere with or circumvent security features;

  • improperly scrape, crawl, copy or extract information from the Services;

  • attempt unauthorised access to accounts, systems or information;

  • create multiple, duplicate or false accounts for the purpose of obtaining additional promotional or membership benefits;

  • manipulate or exploit membership points, referrals, rewards, Subscriptions, discounts, vouchers or promotions;

  • engage in unauthorised commercial resale or exploitation of benefits intended for personal customers; or

  • otherwise use the Services in a manner that violates applicable law or these Terms.

We reserve the right to restrict, suspend or terminate access to the Services where we reasonably determine that these Terms have been violated.

SECTION 18 — TERMINATION AND SUSPENSION

MUTANT® Nation Malaysia may suspend, restrict or terminate your access to all or part of the Services, including your account, membership, rewards or Subscription, where reasonably necessary due to:

  • violation of these Terms;

  • fraud or suspected fraudulent activity;

  • misuse of promotions, rewards or benefits;

  • payment failure;

  • security concerns;

  • unlawful activity;

  • system abuse; or

  • other serious misuse of the Services.

Termination or suspension does not affect rights, liabilities or payment obligations arising before the effective date of termination.

Any provisions that by their nature should survive termination will continue to apply.

SECTION 19 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services and information made available through them are provided on an “as is” and “as available” basis.

MUTANT® Nation Malaysia does not guarantee that the Services will always be uninterrupted, timely, secure or error-free.

Information provided through the Services is intended for general informational purposes.

Any reliance on information provided through the Services is at the customer's own discretion, subject to rights and protections provided by applicable law.

Nothing in these Terms excludes warranties, guarantees, rights or remedies that cannot lawfully be excluded.

SECTION 20 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, MUTANT® Nation Malaysia, De Axcend Sdn Bhd and their respective affiliates, directors, officers, employees, agents, contractors, service providers and licensors shall not be liable for indirect, incidental, special, punitive or consequential losses arising from or relating to the use of the Services or products.

This includes, where permitted by applicable law, loss of profits, revenue, savings, data, business opportunities or other indirect losses.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

SECTION 21 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless MUTANT® Nation Malaysia, De Axcend Sdn Bhd and their respective affiliates, officers, directors, employees, contractors, agents, licensors and service providers against third-party claims, losses, liabilities, damages or reasonable costs arising from:

  • your unlawful use of the Services;

  • your material breach of these Terms;

  • your violation of applicable law; or

  • your infringement of another party's rights.

SECTION 22 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or severed where necessary.

The validity and enforceability of the remaining provisions will not be affected.

SECTION 23 — WAIVER AND ENTIRE AGREEMENT

Our failure or delay in exercising or enforcing any right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy, Return and Refund Policy and any additional terms applicable to specific promotions, memberships, rewards, products or Subscriptions, constitute the agreement governing your use of the Services.

If specific promotional, campaign or Subscription terms conflict with these general Terms, the specific terms applicable to that offer will apply to the extent of the inconsistency.

SECTION 24 — ASSIGNMENT

You may not assign, transfer or delegate your rights or obligations under these Terms without our prior written consent.

Subject to applicable law, MUTANT® Nation Malaysia may assign or transfer its rights and obligations in connection with a legitimate business restructuring, transfer, merger, acquisition or similar transaction.

SECTION 25 — GOVERNING LAW AND JURISDICTION

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of Malaysia.

Subject to any rights or remedies available to consumers under applicable law, disputes arising from or relating to these Terms or the Services shall be subject to the jurisdiction of the courts of Malaysia.

SECTION 26 — MUTANT® NATION MALAYSIA'S RIGHTS AND FINAL DECISION

To the fullest extent permitted by applicable law, MUTANT® Nation Malaysia reserves the right to interpret and administer these Terms and any promotion, campaign, membership programme, rewards programme, Subscription programme, voucher, discount, giveaway or other benefit offered through the Services.

Where a matter is not expressly addressed by these Terms or the specific terms of an applicable programme or promotion, MUTANT® Nation Malaysia reserves the right to make a reasonable determination based on the circumstances, applicable programme rules and applicable law.

We reserve the right to reject, suspend, cancel, reverse or withdraw claims, benefits, discounts, rewards, vouchers, promotional redemptions, Subscription benefits or other privileges where we reasonably determine that they arise from:

  • fraud or suspected fraud;

  • misuse or abuse;

  • manipulation;

  • duplicate or false accounts;

  • unauthorised resale;

  • technical or system errors;

  • exploitation of unintended system behaviour;

  • breach of these Terms; or

  • breach of specific promotional or programme terms.

Subject to applicable Malaysian law and any rights that cannot lawfully be excluded or restricted, MUTANT® Nation Malaysia's decision regarding the administration and application of its promotions, campaigns, membership programme, rewards programme, Subscription programme, vouchers, discounts and related benefits shall be final.

SECTION 27 — CHANGES TO PRODUCTS, SERVICES AND PROGRAMMES

To the fullest extent permitted by applicable law, MUTANT® Nation Malaysia reserves the right to add, remove, modify, suspend, replace or discontinue products, services, features, benefits, promotions, rewards, membership programmes and Subscription programmes from time to time.

Availability of a product, service, promotion or benefit at one point in time does not guarantee its continued availability.

Where notice of a material change is required by applicable law, such notice will be provided accordingly.

SECTION 28 — CHANGES TO TERMS OF SERVICE

You may review the latest version of these Terms at any time on this page.

MUTANT® Nation Malaysia reserves the right to amend, update, modify or replace these Terms from time to time.

The latest version will be published on our website together with its effective or updated date.

Changes will take effect from the applicable effective date.

Where applicable law requires notice or consent for a particular change, MUTANT® Nation Malaysia will comply with those requirements.

Your continued access to or use of the Services after an applicable change takes effect constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 29 — HEADINGS

The headings contained in these Terms are provided for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 30 — CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

De Axcend Sdn Bhd
Email: deaxcend@gmail.com
Lot 23A, Level 3, Eco Sky, Batu 6 1/2,
Jalan Sultan Azlan Shah, Jalan Ipoh,
68100 Kuala Lumpur, Malaysia.
Tel: +6018-351 0234