VF@RM Dealer/Distributor/Agents/Global Partners herein refer to as “Dealers” Contract Terms & Conditions
VictoryFARM@Rooftop Malaysia Sdn Bhd herein refer to as “The Company”
All “Dealers” are expected to maintain the highest standards of integrity, honesty, and responsibility in dealing with the company, consumers and other Dealers.
Dealers must present The Company products in a truthful and sincere manner and uphold the Company’s reputation from damages and any unfavourable repercussions.
1.1) All Dealers are obliged to promote and sell The Company products to their end consumers.
1.2) All Dealers must protect the The Company trademarks and trade name and obtain the company’s written permission prior to use in any advertisement (including but not limited to) on internet, literatures other than company-published, logos, images, and other marketing promotional devices.
1.3) All business activities including the selling of products and marketing plans must be presented in compliance with The Company’s official plans as such and also in compliance with The Company’s Dealership agreement.
1.4) Dealers are allowed to advertise company products using mass communication medias which include news channels, written articles, radio and television channels, internet and other public channels as such. Without prior permission from the company, Dealers are prohibited to represent the company in terms of promotional activities such as interviews, news coverage or other public forums.
1.5) Dealers are not allowed to copy or set up The Company websites for their own use, i.e. for selling products or recruiting Dealers.
1.6) Dealers may share The Company’s links on their personal websites with condition that their websites do not contain any trademarks, trade name, company product, business contents and photos of The Company’s staff. The company introduction and Dealer’s activities with the company can be shared by Dealers via their personal websites and social media networks such as forums, blogs, Wiki, Facebook, Twitter, Flickr, etc… So long as the information regarding the The Company business and products shared is not constituted as the main contents of their website.
1.7) Dealers are allowed to print their own materials which include leaflets, brochures, catalogues, banners and other printed materials for their business purposes.
1.8) The registration of phone numbers which correspond to letters that form the The Company name is forbidden.
2.1) The company’s products can be purchase through the Authorized Sales Agents of the Company. Dealers must understand that all orders placed are subject to acceptance by the company and the terms of this agreement.
3.1) Dealers are not allowed to be part of a joint venture, franchisee, partner, agent or employee of the company. Dealers have no power or authority to incur any debt, obligation or liability on behalf of the company.
3.2) Dealers, as self-employed independent contractors, are responsible for operating their own business, making their own decisions with regard to buying and selling products available through the company.
3.3) The company shall bear no legal responsibility for the actions taken by Dealers. Furthermore, both the company and its Dealers must acknowledge that Dealers are not employee of the company hence will not be treated as employees with respect to their agreement for local tax purposes, or otherwise.
3.4) Dealers will be responsible for payment of any self-employment and other income taxes where applicable. It will be Dealers’ sole responsibility to account for such income on his/her individual income tax returns.
4.1) The Company may implement changes at any point in time with regards to:
① Contest rules and active status requirements.
② Retail prices and shipping and transportation charges.
③ Standard discounts and commission schedules.
Dealers will be notified by postings on the company’s website.
5.1) The Company reserves the right to investigate all Dealers’ activities. Dealers are required to fully cooperate during the investigation process.
6.1) In a case where there is a dispute between Dealers, the company encourages both parties to seek support and assistance from sponsor to resolve the dispute. If the dispute is still unresolved, the parties concerned may write to the company to request for arbitration settlement.
6.2) In the event that the dispute case is unresolved by the company, the parties concerned may bring the case to a court of law for arbitration decision. The arbitration award shall be final and binding. Malaysia Arbitration Act shall govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Parties are expected to cooperate fully with the Dispute Resolution Procedures during the arbitration process, e.g. providing all necessary facts and material evidences.
7.1) Dealers may terminate the Agreement at any time and for any reason by giving thirty (30) days written notice to the company. The company may also terminate any Dealership without prior notice and with immediate effect as a result of breach of any of the provisions herein. In determining what actions to take in the event of breach of the Agreement, the company may consider without limitation the nature and severity of the breach. If Dealers do not agree with the action taken by the company, supporting evidence may be submitted to appeal for the company to decide.
8.1) The Company shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, acts of God, natural disasters, curtailment of a party’s source of supply, or government decrees or orders.
The Company Code of Ethics
In order to establish a respectful business culture and to ensure fair and honest business activities among Dealers, Victory Farm At Rooftop Sdn. Bhd., hereafter stated as “The Company”, sets forth the Code of Ethics, and hereby requests all Dealers to follow through accordingly. All Dealers are subject to compliance of the Code of Ethics. This is an inevitable process to prevent any unwanted disadvantages, and to encourage long-term growth of business based on mutual trust and respect between Dealers. Hence, there will be strict enforcement of various penalties in violation of the following Code of Ethics, depending on severity of breach.
1.1) This offence includes registering a person without his/her consent, registering false information, or duplicate registration of one person which is against the Company’s Dealership registration rules. A person is only eligible for one The Company Dealership ID. Dealerships will be terminated immediately upon confirmation of this breach.
2.1) The Company forbids Dealers to mislead other people by providing false or exaggerated information about the Company. Dealers shall not mislead anyone with false information regarding the Company’s products, marketing plans, product quality, price, etc.
2.2) In the event the Company receives any complaint from the public or the Malaysian Government, the individual Dealer will be held solely responsible to remedy the complaints and to indemnify the Company of any loss or damage due to the complaint. In more serious cases the Company reserves its right temporary freeze the individual Dealer’s account or permanent termination of the individual Dealer’s account.
3.1) The Company forbids Dealers to sell The Company products through personal websites (bidding sites, blog, homepage, café, etc.) It is also illegal to use the Company logo and/or name on personal websites or business tools/materials without the Company’s consent.
4.1) Dealers are prohibited from forcing their down-lines or consumers to purchase products. There should not be any sort of monetary/materialistic dealings for the purpose of Dealership registration or withdrawal, and unreasonable purchasing or unwanted selling of products for reasons other than pure consumption. The practice of “product hoarding” is disallowed.
5.1) Changing of The Company’s original product packaging and labels is prohibited.
5.2) Dealers are not allowed to remove, add or change any contents in the set/ package.
6.1) The Company strictly prohibits recruiting between lines, abnormal changes of sponsors and/or affiliated centers, and any other personal connection base dealings which destroy mutual trust between Dealers.
7.1) The Company strictly prohibits monetary or product dealings between Dealers which involve the illicit use of credit cards or financial dealings. These dealings include joining fees, education/training fees, selling of starter kits/business tools, etc. Dealers shall not enter into transactions that are unauthorized by the Company.
8.1) Unethical behaviour of The Company Dealers, such as personal issues between Dealers, violence, reckless slandering and defaming of other Dealers that damage their character are forbidden by the Company.
9.1) Dealers are not allowed to abuse their power against other Dealers or partners with their position level in the The Company business. Forcing Dealers to make any form of contribution or to do things that the Dealers may feel uncomfortable about is strictly prohibited.
10.1) Dealers are not allowed to use abusive or inappropriate language against other Dealers or customers.
11.1) Dealers should not email or send mail to any persons should they opt not to receive information about company or products.
12.1) A Dealer should maintain contact, provide training, give guidance, and encouragement to all down-line Dealers. It is the responsibility of a Dealer to ensure that the business activities conducted by down-lines are in accordance with The Company’s rules and regulations, local laws, ordinances, and regulations. If any disputes arise between customer and down-lines, a Dealer should help by intervening and resolving promptly and amicably.
13.1) Dealers who have achieved certain level of membership are forbidden to participate in other MLM businesses. Dealers are also banned from recommending other MLM companies, advertising or selling other MLM products to existing The Company Dealers or customers. Dealership will be suspended if such activities are ascertained.
14.1) Dealers must thoroughly protect the personal information of other Dealers and consumers and/or keep confidential other Dealer’s and consumers’ information collected through The Company business, and may not use, copy, store, or disclose their information without the individual’s prior consent.
15.1) The Company Dealers must fully understand and adhere to the relevant laws concerning their business, as well as the Company’s regulations. Rules and Regulations will be in accordance within the jurisdiction provided by the respective company. The abovementioned Code of Ethics must be obeyed in order to protect the Dealers’ business and for long-term growth of all parties involved. The Company has the right to impose penalties on any Dealer in violation of these regulations, such as suspension or termination of Dealership, depending on severity of violation. In addition, all connection with the Company will cease upon termination of Dealership, and terminated Dealer is not allowed to continue practice of business as Dealer of the Company.
16.1) The Company MALAYSIA is an apolitical organization and it is not linked to any political party locally or overseas.
16.2) The Company MALAYSIA Dealers shall not use the name The Company to participate in any local or overseas political activities
16.3) The Company MALAYSIA Dealers shall not represent The Company MALAYSIA to support any local or overseas political party
17.1) The Company is a non-religious organization. It recruits Dealers from all faiths and does not promote any religion whatsoever.
17.2) Dealers shall not use the name The Company to participate in any local or overseas religious activities
17.3) Dealers shall not represent as The Company to support any local or overseas religious activities General Terms and Conditions The purpose of this agreement is to establish a business relationship between The Company and Dealers (including “Dealers” and “consumers”) by observing the mutual understanding of rules in selling the goods of the company. All matters regarding the Dealer administration of the company shall follow these Terms and Conditions. These rules and regulations shall be applicable to all Dealers.
1.1) Anyone can register as a Dealer regardless of age, gender, education, race, religion, or status. However, subject to the following instructions:
① A person is restricted from joining a multi-level marketing in accordance with Malaysia laws and regulations.
② Officers and Employees of the company and its subsidiaries
③ Persons are under 18 years of age. Failure to observe the restriction by the registrant, the company may cancel the Dealership immediately and will have no obligation whatsoever.
2.1) Successful Dealership enrolment will only take effect upon the company’s review of all the information and documents provided by the registrant.
① All Dealers must use their legal name and IC/Passport number for registration purpose.
② Dealer who has opted for Dealership must provide all necessary documents such as MyKad/Passport/SSM/FORM44/FORM49 as required by company.
③ Dealer must certify that all of the information provided are complete and accurate, including the information of the sponsoring Dealer. The company reserves the right to review for any duration after registration. Access to website after registration does not warrant acceptance by the company. Once the Dealership registered, Dealers are not allowed to make any changes to their name and IC/PR card number.
3.1) An initial duration of Dealership period begins from the date of the approved registration and continues until the last day of the twelve (12) month. If a Dealer has records of purchase with minimum order of 1 Carton of VGROW TOWER, or/and activation during this period, the Dealership will be extended for another twelve (12) months.
4.1) Dealers may withdraw their Dealership at any point in time and for any reason whatsoever. Dealership will be withdrawn upon receipt and verification of the completed termination form from Dealer. Rejoining can only be considered one year after the withdrawal from the termination date.
4.2) The company reserves the right to terminate or impose a penalty on Dealers who have infringed any one of the rules as per The Company Dealership agreement. For rejected Dealerships, Dealers may file an appeal within 7 days, however, decision by the company will be deemed final thereafter.
5.1) Upon the death of a Dealer, the Dealer’s interest may be passed on to their spouse, children or designated family Dealers as such, subject to acceptance of company, company’s Rules and Regulations and Malaysia government laws and regulations
6.1) A Dealer must be active and in compliance with the Agreement (monthly maintenance purchase of 4 cartons of VGROW TOWER) to qualify for bonuses. So long as a Dealer complies with the terms of the Agreement, The Company shall pay bonuses to such Dealer in accordance with the Business Plan.
7.1) Dealers receive bonuses based on the actual sales of products to end consumers. When a product is returned to The Company for a refund or is repurchased by the company, the bonuses attributable to the returned or repurchased product(s) will be deducted, in the month in which the refund is given, and continuing every pay period thereafter until the bonus is recovered, from the Dealers who received bonuses on the sales of the refunded products.
8.1) The Company offers products of international quality to every customer. If the products purchased by the Dealers are of inferior quality or with manufacturing defects, the company will do so with replacement. However, this replacement does not extend to damages or contamination due to expiry, negligence or deliberate act.
9.1) In case of any manufacturing defects, Dealers can return for exchange the product to/from the Dealer from whom they had purchased the same, within the 7 days of the date of purchased. No refund or cash in exchange.
Dealers have to provide a good reason and return the said goods to The Company from whom they had purchased. Thereafter, the Dealers can return the products to the company and exchange for the same products, within 30 days from the date of order placed.
The products returned must be in good condition, useable, resalable, restockable, unopened, unaltered and the shelf-life of the good have not expired.
Dealers must attach (a) reason for return, (b) products to be returned, at the time of returning the products.
10.1) The following procedures apply to all returns for repurchase or exchange. All products must be returned by the Dealer who purchased it directly from the company.
No replacement of product will be made if the conditions of these rules are not met.
① The return is accompanied by
(i) a copy of the original dated shipment bill/ receipt;
(ii) the unused portion of the product in its original container.
② Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned for replacement, and the best and most economical means of shipping is suggested.
All returns must be shipped to The Company shipping pre-paid. The Company does not accept shipping-collect packages. The risk of loss in shipping for returned product shall be on the Dealer.
If returned product is not received by the company, it is the responsibility of the Dealer to trace the shipment.
③ If a Dealer is returning products to The Company that was returned to the Dealer by a personal retail customer, the product must be received by The Company within ten (10) days from the date on which the retail customer returned the products to the Dealer, and must be accompanied by the sales receipt which the Dealer gave to the retail customer at the time of the sale.
10.2) Refund Policy for any VGROW TOWER (For Global Partners):
1. Warranty for Electrical Components:
2. Inspection Period:
3. Refund for Damaged Items:
4. Exclusions:
5. Return Procedure:
Please read and understand our refund policy before making a purchase. For further inquiries or to initiate a refund, contact our customer support team at Customer Support Email/Phone.
Note: This refund policy is subject to change, and customers are advised to review the policy periodically for any updates.
Privacy and Security
The company is committed to protecting Dealer’s privacy. The purpose of this Privacy Policy is to inform Dealers as to what information may be collected whenever the Dealer visits company website (“the Site”) or when the Dealer become a Dealer, how such information will be used by the company and/or other persons or entities, with whom such information may be shared, choices regarding the collection, use and distribution of such information, ability to edit, update, correct or delete such information and the security procedures that the company has implemented to protect Dealer’s privacy.
1.1) In instances where Dealer may be asked for certain types of personal information (e.g., first and last name, NRIC number, mailing address, postal code, telephone number, email address, credit card number, bank information, etc.) and the Dealer refuses to disclose such personal information to the company, this does mean that in some cases, the company may not be able to provide service requested and the potential Dealer will not enable successful registration.
2.1) The company uses the information that is collected about Dealers for a variety of purposes. In such cases Dealers will be informed about these purposes at the time of collection. For instance, information about Dealers will be used to provide services, calculate earnings and bonuses and ensure compliance with the company’s regulations. In compliance with the Personal Data Protection Act 2010 and its requirements to maintain records, the company may need personal information for confirmation and reporting.
3.1) The company may employ vendors to perform functions on their behalf, such as fulfilling orders, delivering packages, processing credit card payments, and providing customer service. As such, these vendors are under a contractual obligation to use confidential data received from The Company only for purposes that fall within the functions for which they are hired. However, when the company has reason to believe that the confidential data is necessary to identify, contact or bring legal action against persons or entities that may be harming the Dealer, company or others, the company may also disclose information as required by the law.
3.2) Lineage report is report where information on Dealers and Dealers’ down-lines, including, but not limited to, name, identification number, level or rank and sales statistics. The reports provided to Dealers in the strictest confidence and for the sole purpose of supporting the Dealers to further develop their Dealership.
4.1) The company takes reasonable steps to ensure that the personal information collected remains accurate, timely and secure. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. While the company strives to protect Dealer’s personal information, complete security cannot be guaranteed or warranted. Hence the company shall not be responsible for any harm that Dealer or any persons may suffer as a result of a breach of confidentiality in respect of the use of the company website or any information transmitted to the company website.
5.1) Personal information will be kept in active files or systems as long as needed to meet the purposes for which it is collected or as required to perform the contractual relationship with the Dealers, and the commercial relationship with the customer.
6.1) If the Dealer identifies any inaccurate personal information and needs to make a change or would like to verify such information, please contact the company so that the information may be updated in the system records or the Dealer may go online to one of The Company website and update their own information.
6.2) The Company Dealership is considered for only persons above the age of 18. Hence, if the company become aware that personal information regarding a person under the age of 18 has been collected at the Site, reasonable efforts will be made to delete it from the company’s records.
7.1) “Cookies” are small pieces of information that are stored on computer hard drives. The Company may use cookies to recognize the Dealer whenever the Dealer returns to the Site in order to provide better user experience. The Company may allow third parties to use “cookies” on the website. The company does not control the use or contents of third party cookies. If the Dealer elects to block cookies, please note that full advantage of the features and functions of the site may be omitted.
8.1) The Site may contain links to websites operated and maintained by third parties over which the company has absolutely no control, e.g. logistic partner. Any information provided to third party websites will be governed under the terms of each websites’ privacy policy and Dealers are encouraged to investigate and ask questions before disclosing any information to the third-party operators’ websites. The company has no responsibility or liability whatsoever for the content, actions or policies of third-party websites.
9 GENERAL PROVISIONS
9.1 The Company reserves all rights not expressly granted herein.
9.2 The Company may modify these Terms & Conditions at any time by posting the revised Terms & Conditions without notice on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms & Conditions.
9.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
9.4 Nothing in these Terms & Conditions shall constitute a partnership, joint venture or principal-agent relationship between you and The Company, nor does it authorise you to incur any costs or liabilities on The Company’s behalf.
9.5 The failure of The Company at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
9.6 These Terms & Conditions are solely for your and our benefit and are not for the benefit of any other person or entity, except for The Company’s affiliates and subsidiaries (and each of The Company’s and its affiliates’ and subsidiaries’ respective successors and assigns).
9.7 The terms set forth in these Terms & Conditions and any agreements and policies included or referred to in these Terms & Conditions constitute the entire agreement and understanding of the parties with respect to the Products & Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms & Conditions, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms & Conditions. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms & Conditions may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
9.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Malaysia Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
9.9 If you have any questions or concerns about these Terms & Conditions or any issues raised in these Terms & Conditions or on the Site, please contacts us at: customer.service@victoryfarmatrooftop.com
10. FOR INSURANCE CLAIM:
10.1 If the item received by your end is damaged, please DO NOT let the lorry driver leave, just take picture and write down the damage on the Delivery Order (i.e. “3 boxes found damaged), please send the photos to us and we will initiate the claim process.
10.2 Please put aside the damaged cargo and don’t use it.
The insurance company might send a surveyor to survey the damage cargo, or they might not.
10.3 It usually takes around 3 weeks to receive the claim from if things go smoothly.
11. Disclaimer:
11.1 Once payment received, you have checked and agreed to all of our terms & conditions stated by the Company.
11.2 Kindly allow 14-30 working days for delivery depending on numbers of cartons. Orders processed all payments non-refundable.
11.3 If you did not purchase E-Warranty Card, No warranty on any pump or parts damage, defects, malfunctions, due to negligence, human malicious act, or any matters beyond our reasonable control shall not be entertained.
11.4 We shall not be responsible for plants damaged or no growth. We do not suggest should there be any other fertilizers used in the System not supplied or instructed by VictoryFarm.
11.5 DIRECT SUNLIGHT is compulsory for plant growth (min 3 hours, preferable 6 hours) for outdoor units.
11.6 Should you have any questions kindly contact our customer service support.
12 IMPORTANT NOTE {Logistics}:
12.1 Providing an accurate building type allows the transporters to allocate the proper vehicle size for your building.
12.2 Important! Carriers are only responsible for the transportation of the cargo.
12.3 Any dismantling, moving of cargo and manpower related jobs are solely the responsibility of the DEALER
YOU HEREBY HAVE READ AND UNDERSTOOD, WILLINGLY, UNCONDITIONALLY, IRREVOCABLY AGREE AND ACCEPT THIS TERMS & CONDITIONS AND HAVE AGREED TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER.