1. Overview


These website terms of use (hereafter referred to as the “Terms”) are edited by MINTHA CARE COMPANY LIMITED (Registration Number 100356643) (hereafter referred to as the “Company” or “we”).


The Company is specialised in the business of cosmetics, advertising and market research. The website located at www.bioderma.com.mm (hereafter referred to as the “Site”) is owned and operated by us. We prepared these Terms of use to help explain the terms that apply to your use of the Site. Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors and users of the Site.


By accessing and using the Site:


  • You affirmatively agree to the these Terms; and
  • Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these terms on that person’s behalf and that, by agreeing to these terms on that person’s behalf, that person is bound by these Terms.
  • If you do not agree to these Terms, you are not authorised to access and use the Site, and you must immediately stop doing so.



2. Updates to these Terms


We may change these Terms at any time by updating them on the Site. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Site, you agree to be bound by the changed Terms. We may change, suspend, discontinue, or restrict access to, the Site without notice or liability.


These Terms were last updated on February 2021.



3. Privacy Policy


In connection with your use of the Site, please review our Privacy Policy, located at www.bioderma.com.mm, to understand how we use information we collect from you when you access, visit or use the Site. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.


4. Use of Site

4.1 User Registration


You can visit and browse the Site without becoming a registered user of the Site, but you will not be able to place an order, view an order, track an order, save your favourites, save your recently viewed items, or save your prescription information, unless you are a registered user of the Site. You can sign up to become a registered user of the Site by completing the registration process. If you sign up to become a registered user of the Site, you agree:


a. to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (the “Registration Data”);

b. to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and

c. that you will comply with the rules governing User Contents below.


4.2 User Accounts


If you become a registered user of the Site, you will be required to create a user I.D. that will be associated with your user account. You may only create one user I.D. that will be associated with your user account. You may not:


a. select or use as a user I.D. a name of another person with the intent to impersonate that person;

b. use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or

c. use as a user I.D. a name that is otherwise offensive, vulgar or obscene.


We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You will be responsible for maintaining the confidentiality of your user I.D. and password. The Company shall not be liable for any loss that you incur as a result of someone else using your user I.D. or password, either with or without your knowledge. You may be held liable for any losses incurred by the Company due to any unauthorized use of your user I.D. or password.


In this regard, pursuant to Section 416 of Myanmar Penal Code, a person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Moreover, according to Section 417 of Myanmar Penal Code, whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.



4.3 For personal use only


You may view the Site using a web browser or mobile device, and electronically copy and print hardcopies of parts of the Site solely for your personal, non-commercial use.


Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance of the content on the Site is strictly prohibited.


You must not modify or copy the layout of the Site or any computer software and code contained in the Site.



4.4 For professional use of the Site


Any use of the Site for another purpose must be approved in advance by written notice of the Company. All use of the Site is subject to the Terms set forth below (and must comply with our privacy notice and terms and conditions).


Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance of the content on the Site is strictly prohibited.


You must not modify or copy the layout of the Site or any computer software and code contained in the Site.



4.5 Must not interfere with the Site


You must not:


a. interfere with or disrupt the Site, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;

b. restrict, or attempt to restrict, another user from using or enjoying the Site; or

c. encourage or facilitate violations of the Terms.


Any infringement of these conditions may lead to an exclusion to use the Site. The Company may also reserve the right to initiate legal action against any persons who may infringe those Terms in accordance with the provisions set forth in the Myanmar Electronic Transaction Law 2004.


5. Materials


The Company may present information and content, including articles, opinions, information and commentary on the Site (hereinafter referred to as the “Materials”) such as but not limited to video, text, and content presentation.

The Materials are for your personal use only and may not, without our prior written consent, be:


a. resold or redistributed in any material form;

b. used for another purpose;

c. stored in any storage media; or

d. retransmitted via any media.


6. User Content


6.1 General


The Company does not claim ownership of any content you add or post onto the Site, including any reviews, comments, photos and other contributions you may make in response to the content of our Site (hereafter referred to as the “User Content”). You are liable for the content you may post on the Site. Any communication you may post shall not infringe the Myanmar Telecommunication Law dated on 8October 2013. Besides, you grant to the Company a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the User Content, whether on this Site, another Site we own or control or in any hardcopy form.


You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third-party consents in the same manner.


User Content must be accurate, truthful and genuine, provided for information purposes. The Company does not have the ability to verify the accuracy or otherwise of the User Content.


6.2 Security of content


The Company will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the User Content from unauthorised access or use by a third party or misuse, damage or destruction by any person as per the provisions set forth in the Myanmar Electronic Transactions Law (No. 5/2014) dated on 30 April 2004.


However, given the nature of the internet, we do not guarantee and cannot ensure the security of User Content and we expressly exclude liability for any such loss, however caused.


We recommend you take proactive means to protect your computer system from potential hazards by installing firewalls, anti-virus software and other security applications.



​​​​​​​6.3 Prohibited content


You must not create or generate any User Content:


a. unless you hold all necessary rights, licences and consents to do so;

b. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

c. that we consider inappropriate, defamatory, offensive, abusive, indecent, illegal or disparaging;

d. that would bring us into disrepute; or

e. that infringes the rights, including intellectual property rights, of any third party.



​​​​​​​6.4 Blocking


We reserve the right to suspend, remove or block any User Content that violates our Terms. Such decision is taken at the discretion of the Company and you consent not to comply with such a decision.


7. Third Party Sites


The Site may contain links to websites operated by third parties (“Third Party Sites”). For example, you can access our Facebook, Twitter and Instagram pages through links on the Site, and you may be able to share information with Third Party Sites through links on the Site. However, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Site does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws.


These terms of use do not apply to third Party Sites, before visiting a Third Party Site through links or other means provided on or through the Site, you should review the Third Party Site’s terms and conditions and privacy policy, and inform yourself of the regulations, policies and practices of these third party sites.


8. Intellectual property rights


The Company or our licensors reserve all intellectual property rights in the Site and the Materials.


All content appearing on the Site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs without our prior consent is prohibited.


Nothing in our Terms constitutes a transfer of any intellectual property rights.


All the trademarks, trade names, business names, images and logos (“Marks”) identified and utilised on the Site belong to their respective owners and are used by us as either owner or licensee. You must not use, reproduce, copy, republish, upload, transmit, post or modify these Marks in any way, unless otherwise authorised by the owner in writing.


9. Cookies Policy


​​​​​​​9.1 Background


Cookies are small text files that are downloaded to your device by websites you visit. They allow the website to recognise your device and store some information about your location and past actions. The Company uses different types of cookies for different things, such as:

a. Analysing how you use www.bioderma.com.mm

b. Giving you a better, more personalised experience (showing content relevant to you and your location)

c.Analysing how you interact with the website after we've emailed you

d. Analysing the effectiveness of our interactive content such as videos and podcasts.


​​​​​​​9.2 Your Choices


You can choose whether or not to accept cookies by clicking or not on Accept. Your navigation may be impacted if the cookies are not accepted. You consent to let the Company collect such information.


10. Disclaimer


The Site, Materials, and Third Party Sites are provided to you on an 'as is' and 'as available' basis. The Company gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the Site, Materials or Third Party Sites.


The Company does not endorse or support any Materials or User Content and reliance on any such information is at your own risk.


The Company reserves the right to change, suspend or discontinue any aspect of the Site, including removing any Materials, User Content or Third Party Sites, at any time and without notice to you.


You are responsible for considering the appropriateness of the Site for your intended application and use and the Company gives no warranty, guarantee or representation that the Site is suitable for or meets your requirements.


You alone are responsible for your User Content.


The Company shall not responsible or liable for the conduct of any user. The Company reserves the right to monitor or become involved in any dispute between you and another user.



11. Exclusions and limitation of liability


To the fullest extent permitted by law, the Company is not liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Site.


To the fullest extent permitted by law, the Company excludes liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.


Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for:

a. fraud or other unlawful acts;

b. gross negligence; or

c. liability that cannot be limited or excluded by law, including under the Myanmar Consumer Protection Law 2019 when its scope of application can be excluded.


12. Indemnity


You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, any User Content, your breach of the Terms or your breach of any rights of third parties.


The Company reserves the right to assume exclusive control of any matter for which you are required to indemnify us and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.



13. Contact us


If you wish to contact us or make a complaint, please contact us using our website contact form or at supervisor@minthacare.com



14. Variation to the Terms


The Company may vary, amend or otherwise modify the Terms at any time (hereafter referred to as the “New Terms”).


The Company will publish the New Terms on the Site, at which time they will be effective.


Your continued use of the Site following posting of the New Terms constitutes your acceptance and consent of the New Terms.



15. Severability


If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, and will not affect the enforceability or validity of the remaining provisions.



16. Assignment


We may assign our rights under these Terms of Use without your approval.



17. Jurisdiction


The Terms are governed by the Law of the Republic of the Union of Myanmar.


You and the Company submit their disputes according to the mechanisms set forth by the Myanmar Consumer Protection Law No. 09/2019 and/or to the exclusive jurisdiction of the courts of Yangon in the Republic of the Union of Myanmar.