Contract Terms & Conditions (“CTC”) – VGROW Tower(s) Contract
Definition: VictoryFARM@Rooftop Malaysia, herein refer to as VF@RM
- The Offer: Participating VF@RM Subscription Plan for a VROW Tower(s) Contract.
- You: Person(s) signing up for the Offer.
- This Offer shall apply to these participating VF@RM Subscription Plan:
- VF@RM Subscription Plan A/ Plan B / Plan C / Plan D / Plan E / Plan F / Plan G / Plan H / Outdoor Plan / Indoor Plan herein refer to as “Plan”
- By accepting this Offer, you will enjoy:
- up to 1 VGROW Tower (“Tower”) at the price stipulated for the particular Tower if you subscribe to VF@RM Subscription Plan A / Plan B / Plan C / Plan D / Plan G / Plan H / Outdoor Plan / Indoor Plan
- For Plan E / Plan F, there is no bundle package with VGROW TOWER.
“Tower(s)” for the purposes of this CTC refers to the Tower(s)s you are eligible to purchase under the respective participating VF@RM Subscription Plan
- This Offer and use of the Service(s) is subject to the VF@RM General Terms & Conditions (“VGTC”), Contract Terms & Conditions (“CTC”), VF@RM Fair Usage Policy and any other applicable terms and conditions, can be found at www.victoryfarmatrooftop.com
- Capitalised terms herein have the same meaning as defined in the VGTC.
- Any conflict or inconsistency between this CTC, the VGTC and Summary Terms and Conditions (“STC”), shall be construed in the following order of precedence: (a) CTC; (b) VGTC; and (c) STC.
- We reserve the rights without liability, to revise this CTC, the VGTC, Offer and our pricing. Where reasonably practicable, we may or may not give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded. You accept you are responsible for regularly reviewing information on the plan(s) and Service(s) at www.victoryfarmatrooftop.com, including changes to the Agreement. Your continued use of the Service(s), and/or Plan (after the Effective Date of any revision/change to the terms and conditions of the Agreement, Services, and/or Plan) shall constitute unconditional acceptance by you of such revisions/changes and you shall be bound by the same. If you do not accept such revisions/changes, you will terminate the Plan and/or the use of the Services by giving us notice within 30 days from the Effective Date failing which you are assumed to have accepted the changes.
- You are ineligible for this Offer if you have any outstanding payments with us.
- This Offer is inapplicable to you if you are a commercial user and/or bulk subscriber.
- The rate table guide for the rate plan under this Offer is as set out on our website at www.victoryfarmatrooftop.com. Rates displayed do not include all applicable taxes.
- You are responsible for payment of all Charges associated with the Offer.
Deposit and Advance Payment
- A deposit of RM500 is chargeable for non-Malaysians subscribing to the VF@RM Subscription Plan
- Advance payment based on the rate plan under this Offer is as set out on our website at www.victoryfarmatrooftop.com
Minimum Period of Service(s) and Early Termination
- This Offer is subject to the following conditions:
- A twelve (12) months minimum commitment period, if you are subscribed to participating VF@RM Subscription Plan commencing from the date of acceptance of these terms and conditions (“Minimum Period of Service”). If applicable, with the acceptance of this Offer, any previous Tower(s) contract you had contracted for with VF@RM, shall be deemed terminated as at the date of execution of this Offer and you shall be subject to any early termination charges of such previous contract, if applicable.
The Contract by default will auto-renew your subscription Plan. Auto-renewal will get a FREE mysterious Gift, auto deliver to you doorstep, subject to availability and subject to the Company’s discretion. To cancel auto-renewal, you will need to apply in by contacting our representatives and email to our Customer Service to cancel thirty (30) days before the term end else it will auto-renew contract by default for the next 12 months of the same subscription Plan. Application for Auto-renewal cancellation will only be opened for submission during the last 30 days before term ends.
- You shall NOT during the Minimum Period of Service:
- terminate your VF@RM Plan / account or opt out to another service provider;
- suspend your VF@RM Plan / account;
- have your VF@RM Plan / account terminated for non-payment of monthly bills;
- change the rate Plan you had registered for pursuant to the Offer. However, any upgrade or downgrade of a rate plan by you is allowed with an upgrade or downgrade fee where applicable.
- If any of the events in this Clause 16 above occurs, you shall pay us an early termination charge as set out in clause 18 below.
- Applicable early termination charges are set out below:
For 12 months Minimum Period of Service: You agree that VF@RM has the right to impose an early termination charge you are responsible to pay if you terminate your 12-months contract before its expiry. The early termination charge is calculated based on [(Original Recommended Retail Price (ORRP)(*Not offer price or discounted price*) – Upfront Cost) x (Remaining month(s) / 12 months )] + RM 150 administration fee + any late payment interest. Payment of the early termination charge is payable by you in addition to all monies owing to us up to the time of early termination. Please note that there are no refunds allowed on any cancellation or termination.
- You acknowledge and agree we have the rights to suspend your account to cease to provide you the said Service(s) if you:
- after signing up to this offer, you fail to make payment for a continuous period of two (2) months.
- Please be cleared that you are still being billed on a monthly basis even if your account is suspended, your billing charges will continually be accumulated until and unless you have cleared all outstanding amount and have successfully terminated the contract by following the rules & regulations, terms & conditions set by VF@RM.
- breached any of the terms and conditions stated herein or linked hereto.
- In the event if you the subscriber have continuously failed to pay the overdue subscription fee, VF@RM has the right to stop providing service and to repossess the product. VF@RM shall be entitled to take the necessary measures to recover the outstanding overdue amount. Where excessive overdue outstanding you the subscriber are concerned, VF@RM has the option to use third party means, which shall include CTOS, collection agencies and legal proceedings.
- We will not be responsible for replacing your Tower(s) or any part thereof that is lost, stolen, damaged or defective, except for Pump and/or Lights which covered for 12 months from the day of subscription commence. You shall be responsible for the repair and maintenance of your Tower(s) and we shall not be responsible and/or liable for any Tower(s)s and/or for any loss and/or damage whatsoever suffered by you and/or any other party.
Additional Features & Requirements
- Both, the Offer cannot be exchanged for cash and the Tower(s) is not returnable and is not refundable upon acceptance.
- We reserve the rights to rescind any of the privileges of your rate Plan in the event your account registered for this Offer is not used with the Tower purchased.
- Your advance payment will be rebated into your bill based on your Offer. Your account must be active for you to be able to receive the advance payment rebated into your bill after term ends. Where your account is suspended, terminated or barred, you will not be entitled to receive the said advance payment rebate.
Termination & Cancellation
- Subject to our GTC, you may at any time terminate the Offer and/or Plan as follows:
- by contacting our customer service LIVE CHAT
- by writing in to email@example.com.
- You may only cancel your Plan prior to the payment of your Purchase Monies into The Company’s Bank Account. Once money received into The Company’s Bank account, no cancellation is allowed.
- A minimum 1-month waiting period is applicable to you for this Offer if you are an existing customer of VF@RM eligible to take up more than 1 Tower(s) contract under the same Malaysian identity card number or passport number, however subject to company’s approval.
- The customer’s account is non-transferable and non-assignable to any other The usage of account is solely for the particular customer’s benefit who is stated in this contract and cannot be used for the benefit of another party. The customer is not allowed to resell any VF@RM’s VGROW Towers or any other related products, in whole or in part to any third party using this account.
- Any unauthorised use of this Account or the Services must be reported in writing by the customer or his/her authorised representative to VF@RM as soon as practicable.
- The customer shall remain liable for all transactions conducted with VF@RM through this Account prior to the reporting of such unauthorised use notwithstanding whether such transactions or use of the Account was caused by or attributable to any circumstances, factors or conditions beyond the customer’s control or knowledge including fraud, theft, misrepresentation or deception.
Payment, Default in Payment & Breach of Contract.
- Payments for the services shall be made by the Customer to the VF@RM either by monthly , upon receipt of invoice(s) issued by the VF@RM on or before the seventh(7th) day of every month. Such invoice(s) shall contain billings and/or charges of the current month. Unless otherwise agreed in writing, payments must be made promptly in full, without deduction, set off or counterclaim within the terms and conditions stated in the herein or invoice issued.
- Invoice(s) shall be issued by VF@RM to the customer for any payments due in accordance with the Payment Terms as specified herein.
- VF@RM reserves the right to exercise its statutory right to claim for interest and compensation for debt recovery costs from the customer if the customer fails to make payments on time in accordance with Payment Clause. In such an event, the Customer shall pay to VF@RM a late payment interest of one point five percent (1.5%) per month on any amount(s) unpaid for the period beginning from the due date to the date of full payment.
- You agreed and acknowledged that ANY default in payment(s), is an act of breach of contract and you will be held accountable and liable pursuant to clause 46 in accordance with the Governing Laws of Malaysia under the Contacts Act 1950
Suspension of Account
- VF@RM shall be entitled to suspend or terminate the customer’s account, if the customer breached any of the terms and conditions stated herein or linked hereto, or default in any payment of any of VF@RM’s invoices and any monies due to VF@RM including any late payment charges with prior written notice of thirty (30) days. VF@RM will then cease to provide all services which also inclusive of packages, items, parcels, supplementaries, auxiliaries and the like until all charges are recovered.
- If the suspension period is more than thirty (30) days VF@RM reserve the rights to collect back the Tower(s) by entering into your Premises.
- You are willingly, unconditionally and irrevocably agreed, without charges, to provide VF@RM representative(s) to access to your Premises and space, and such reasonable assistance as required for us to collect the Tower(s) without advance notice of the required access.
- For the avoidance of doubt, the above mentioned suspension shall not prejudice the right of VF@RM to continuously bill the Customer for the Fees and/or recover all other charges, costs, and interests due and any other incidental charges incurred during the period of suspension.
- In the event of non-payment by the Customer and subsequent suspension of the Service by VF@RM, the Customer will still be liable to pay the Fees for the Service during the period of suspension.
- Should the default in payment is rectified or remedied by the customer, such suspension or termination shall not take place.
- Notwithstanding the above, VF@RM may reactivate the account if the customer has fully settled all outstanding amounts due to VF@RM.
Asset and Equipment
39. In connection with any VF@RM’s Asset and Equipment that may be provided by VF@RM for the use of the Service, the Customer shall:
- Take appropriate measures to safeguard the VF@RM’s Asset and/or Equipment;
- Properly maintain and keep the VF@RM’s Asset and/or Equipment at a safe place;
- Adhere to all instructions and notice (written or otherwise) given by VF@RM from time to time regarding the use of such VF@RM’s Asset and/or Equipment;
- Be responsible for all costs and repairs incurred in relation to the VF@RM’s Asset and/or Equipment in the event it is proven that any fault in such VF@RM’s Asset and/or Equipment whether by act or omission is caused by the Customer;
- Return and surrender the VF@RM’s Asset and/or Equipment to VF@RM in the same condition as and when it was first provided to the Customer, normal wear and tear excepted, upon termination of the Service;
- Be liable to pay VF@RM for any VF@RM’s Asset and/or Equipment which the Customer fails to return or surrender to VF@RM upon termination of the Service;
- Not hold VF@RM in the event that the Customer’s Asset, Equipment and/or other devices is damage due to, including but not limited to, flood or fire or lightning strike whilst using the VF@RM’s Asset and/or Equipment; and
- Not hold VF@RM liable or responsible in the event that VF@RM are unable to replace or change the VF@RM’s Asset and/or Equipment to a similar model or type as the existing VF@RM’s Asset and/or Equipment and VF@RM reserves the right to replace the VF@RM’s Asset and/or Equipment to any model or type available at the relevant time, at VF@RM’s sole discretion.
- In the event of any technical faults encountered with the VF@RM’s Asset and/or Equipment, the Customer may request for technical support of the same from VF@RM and VF@RM reserves the right to impose reasonable charges at the rate as specified herein or any other rate as may be prescribed by VF@RM from time to time.
The Customer’s Responsibilities, Undertaking, Representation and Warranties
40. The customer hereby expressly undertake, represent and warrant to VF@RM that:-
41. The customer shall fully, promptly and punctually settle all charges, rates and other payments payable by the customer under the terms and conditions and in respect of the customer use of the Services;
42. The customer shall promptly pay and settle all applicable taxes including Government Taxes, levies and/or duties in relation to the customer use of the Services;
43. The customer shall ensure that all information supplied by the customer to VF@RM is correct and accurate and shall remain correct and accurate so long as the customer continue using the Services and the customer shall inform VF@RM immediately of any changes to such information; and The customer shall comply with all applicable laws, rules and regulations, codes, circulars and any requirements or guidelines or instructions which VF@RM may provide to the customer from time to time.
44. VF@RM shall not be responsible for any failure or delay in the performance of its obligations under herein arising out or caused, directly or indirectly, by circumstances beyond its reasonable control such as (but not limited to):
- Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
- Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
- National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
- Criminal acts of third parties such as theft and arson; or
Exemption From Liability
43. VF@RM is not responsible for the following items, but not limited to, examples:
- Indirect loss;
- Indirect damage;
- Other indirect costs;
- Loss of contractual benefits, profits or costs resulting from the like.
Governing Law and Dispute Resolution
45. This Contract shall be governed and construed in accordance with the Laws of Malaysia and the Parties hereby agree to submit to the exclusive jurisdiction of the Malaysian courts.
GUARANTEE & INDEMNITY
46. You, (hereinafter called the “Customer”) hereby to willingly, irrevocably and unconditionally guarantee on demand the due payment to VF@RM any or all sums owing and outstanding pursuant to VF@RM’s supply of its products and/or services to the Customer (hereinafter called “Services”) in the event of the Customer’s default in the payment and also due observance and performance of all other terms and conditions in connection with the provision of such Services.
47. You also hereby fully indemnify VF@RM and keep VF@RM indemnified always from and against all losses, damages, costs and expenses suffered or incurred by VF@RM as a result of any breach or non-payment by you, the Customer, of any of the terms and conditions in connection with the provision of the Services.
48. You further acknowledge and irrevocably agree as follows:
- a letter or statement in writing issued by VF@RM as to the amount owing by the Customer pursuant hereto shall be final, conclusive and binding upon the Customer;
- this Guarantee shall be in full force and binding as a continuing guarantee upon the Customer, his or her executors, administrators, heirs and personal assigns;
- the Customer’s liability hereunder shall be deemed to be as principal debtor to VF@RM and not as sureties;
- this Guarantee shall be in full force and binding as a continuing guarantee until all due payments to VF@RM for the provision of the Service(s) have been fully settled; and
- this Guarantee shall be governed by the laws of Malaysia and any dispute arising as a result hereunder shall be resolved by any court of competent jurisdiction in Malaysia.
- the VGTC which is published at VF@RM’s website shall be abide upon and may be revised by VF@RM from time to time.
- In the event of any loss, stolen, shortage, damage, mis-delivery, non-delivery, misinformation or failure to provide information in connection with any shipment(s), VF@RM shall not be liable or responsible herein.
- In the event of any loss, stolen, shortage, damage, mis-delivery, non-delivery, misinformation or failure to provide information in connection with any shipment(s), VF@RM shall not be party of any dispute or legal proceeding or otherwise howsoever and whatsoever the cause thereof for any and all loss or damage, whether consequential, incidental, special, direct or indirect loss or damage whether VF@RM knew or should have known the value of the shipment(s) and/or such loss/damage might incur, including but not limited to loss of income, profit, market or whatsoever, howsoever caused.
- VF@RM will endeavour to ship out the shipment(s) in accordance with the usual delivery schedule carry out by the courier service and shall not be obliged to ship out the shipment(s) within any time limit. VF@RM shall not be liable for any damage or loss howsoever caused by delays in shipping out the shipment(s).
49. You undertake and agree to indemnify and hold VF@RM and its respective employees, directors, officers, suppliers, contractors and agents harmless from and against any and all claims, demands, actions, damages, loss, costs, charges, liabilities and expenses (including solicitor’s fees and costs) of every nature directly and indirectly, arising out of or in connection with, including:
- any claims for libel, slander, invasion of privacy, infringement of patent, trademark, copyright, intellectual property right or other proprietary right, breach of confidence, breach of any law or regulation arising from or attributable to your Equipment, data, use of Service(s) or your use of Our Equipment howsoever arising;
- use of Service(s) by any person using your Log-on Details with or without your consent and/or authority;
- any non-compliance with or breach of any provisions of the Agreement by you;
- any negligent or wilful act by you or any of your officers, employees, directors, contractors or agents;
- any damage to property or personal injury (including death); and
- any act or omission by you or any unauthorised use or exploitation of the Service(s).
50. You understand that you the Buyer bears all risk attached to the delivery of the purchased item(s) and The Company will not warrants that the Buyer has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, delayed, lost or failure of delivery during the course of delivery, You acknowledge and agree that The Company will not be liable for any damage, delay, expense, cost or fees resulted therefrom and Buyer will have to reach out to the logistic service provider to resolve such dispute.
YOU UNDERSTAND THAT YOU ARE CREATING A DIGITAL SIGNATURE BY CLICKING THE SUBMIT BUTTON, WHICH YOU INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF YOU HAVE SIGNED YOUR NAME MANUALLY TO AGREE ON ALL THE TERMS AND CONDITIONS STATED BY THE COMPANY, AS A CONFIRMATION TO PROCEED WITH THE OFFER. PLEASE DO NOT PROCEED IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS STATED BY THE COMPANY. YOU HAVE CHECKED, READ AND UNDERSTOOD, WILLINGLY, IRREVOCABLY, UNCONDITIONALLY AGREED THAT VF@RM DID NOT, DOES NOT, WOULD NOT, WILL NOT, SHALL NOT GUARANTEE ANY RESULTS AND SHALL NOT BE HELD LIABLE, ACCOUNTABLE, RESPONSIBLE FOR ANY NON-PERFORMANCE AND YOU HEREBY ACCEPT ALL THE TERMS & CONDITIONS HEREIN, HEREINAFTER AND/OR LINKED-TO AS STATED BY VF@RM.