Terms & Conditions
1.1 Welcome to VictoryFARM@Rooftop Malaysia (the “Company”). Please read the following Terms & Conditions carefully before using this Site or purchasing any products or services so that you are aware of your legal rights and obligations with respect to the Company and its affiliates and subsidiaries (individually and collectively, “VF@RM”, “we”, “us” or “our”). The “Products & Services” we provide or make available include (a) the Site, (b) the products & services provided by the Site or Sales Consultant and by the Company’s client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Products & Services are also subject to these Terms & Conditions. These Terms & Conditions govern your use or purchase of Products & Services provided by the Company.
1.2 The Products & Services include an online platform service that provides a place and opportunity for the sale of goods between the seller (“Sales Consultant”) and the buyer (“Buyer”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and The Company accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. The Company may or may not pre-screen Users or the Content or information provided by Users. The Company reserves the right to remove any Content or information posted on the Site in accordance to Section 6.4 herein.
1.4 The Company reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Products & Services at any time or upon notice as required by local laws. The Company may release certain Products & Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. The Company may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Products & Services in its sole discretion and without notice or liability.
1.5 The Company reserves the right to either accept or refuse to provide you access to the Site or Products & Services
1.6 BY PURCHASING & USING THE COMPANY’S PRODUCTS & SERVICES, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS & CONDITIONS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
1.7 IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, PLEASE DO NOT PURCHASE ANY OF THE COMPANY’S PRODUCTS & SERVICES OR ACCESS THE SITE. BY PURCHASING THE COMPANY’S PRODUCTS & SERVICES WITH CONFIRMED PAYMENT, YOU UNDERSTAND THAT YOU ARE CREATING A DIGITAL SIGNATURE, WHICH YOU INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD SIGNED YOUR NAME MANUALLY TO AGREE ON EVERY TERMS & CONDITIONS STATED BY THE COMPANY HEREIN. PERIOD.
1.8 IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT PURCHASE ANY OF THE COMPANY’S PRODUCTS & SERVICES UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS PURCHASING THE COMPANY’S PRODUCTS & SERVICES, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE COMPANY’S PRODUCTS OR SERVICES.
1.9 THE PRODUCT(S) OFFERED BY THE COMPANY IS A TOOL (I.E. BICYCLE) AND YOU HAVE UNDERSTOOD THAT THE TOOL DOES NOT GROW FOR YOU BUT YOU ARE THE GROWER AND THE EXTRA SERVICES THE COMPANY OFFERED IS VALUE ADDED AS GOOD WILL TO ASSIST YOU AND THE COMPANY HAS THE RIGHTS TO REFUSE THE EXTRA SERVICES AND IMPOSE CONSULTATION FEES ACCORDING TO THE COMPANY’S DISCRETION AND YOU ARE SOLELY RESPONSIBLE FOR THE GROWING RESULTS AND YOU SHALL NOT HOLD THE COMPANY RESPONSIBLE OR LIABLE OR ACCOUNTABLE OVER ANY OF THE NON PERFORMING GROWING PROCESS FROM START UNTIL END.
1.10 THE COMPANY DID NOT, DOES NOT, WOULD NOT, WILL NOT, SHALL NOT IN ANYWAY GUARANTEE ANY RESULTS AND SHALL NOT BE HELD ACCOUNTABLE, RESPONSIBLE OR LIABLE IN ANY OF THE BUYER’S NON GROWING PERFORMANCE.
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and The Company; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without The Company’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3. LIMITED LICENSE
3.1 The Company grants you a limited and revocable license to access and use the Products & Services subject to the terms and conditions of these Terms & Conditions. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of The Company and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Products & Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with The Company. You acknowledge that The Company may, in its sole discretion and at any time, discontinue providing the Products & Services, either in part or as a whole, without notice.
Any software provided by us to you as part of the Products & Services is subject to the provisions of these Terms of Service. The Company reserves all rights to the software not expressly granted by
The Company hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by The Company.
5. ACCOUNTS AND SECURITY
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify The Company of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. The Company will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.3 You agree that The Company may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that The Company deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms & Conditions, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or (g) behaviour that is harmful to other Users, third parties, or the business interests of The Company. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, The Company may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify The Company in writing (including via email at email@example.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact The Company after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms & Conditions. The Company shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by The Company.
5.5 You may only use the Products & Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
6. TERM OF USE
6.1 The license for use of this Site and the Products & Services is effective until terminated. This license will terminate as set forth under these Terms & Conditions or if you fail to comply with any term or condition of these Terms & Conditions. In any such event, The Company may effect such termination with or without notice to you.
6.2 Your Responsibilities. You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Products & Services to harm minors in any way
(d) use the Products & Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of The Company;
(h) use the Products & Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Products & Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms & Conditions;
(k) access the The Company platform, open a user account, or otherwise access your user account using an emulator, simulator, bot, or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User’s listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the Products & Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by The Company with respect to the Products & Services and/or data transmitted, processed or stored by The Company;
(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Products & Services or servers or networks connected to the Products & Services or any other User’s use and enjoyment of the Products & Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(w) use the Products & Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) use the Products & Services in violation of or to circumvent any sanctions or embargo administered or enforced by the laws of Malaysia
(y) use the Products & Services to violate the privacy of others or to “stalk” or otherwise harass another;
(z) infringe the rights of The Company, including any intellectual property rights and any passing off of the same thereof;
(aa) use the Products & Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.
6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not The Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will The Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site
6.4 You acknowledge that The Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted to you or by you, that is available on the Site. Without limiting the foregoing, The Company and its designees shall have the right to remove any Content (i) that violates these Terms & Conditions; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Products & Services as part of our effort to protect the Products & Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by The Company or submitted to The Company, including, without limitation, information in The Company Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that the Company may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over The Company or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of The Company, its Users and/or the public.
7. VIOLATION OF OUR TERMS & CONDITIONS
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
– Listing deletion
– Limits placed on Account privileges
– Account suspension and subsequent termination
– Criminal charges
– Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
7.2 If you believe a User on our Site is violating these Terms & Conditions, please contact firstname.lastname@example.org
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 The Users are independent individuals or businesses and they are not associated with The Company in any way. The Company is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.
8.2 If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to email@example.com and provide us the documents requested below to support your claim. Do allow us time to process the information provided. The Company will respond to your complaint as soon as practicable.
8.3 Complaints under this Section 8 must be provided in the form prescribed by The Company, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow The Company to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorised to act on IPR Owner’s behalf to the complaint.
9. PURCHASE AND PAYMENT
9.1 The Company supports one or more of the following payment methods in each country it operates in:
(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(ii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated The Company’s Bank Account (as defined in Section 11). Buyer must provide The Company with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in The Company’s app as payment confirmation or via FB Messenger via Sales Consultant. If payment confirmation is not received by The Company’s within three (3) days, Buyer’s order will be cancelled.
9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
9.3 The Company takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
9.4 At the moment, The Company is only able to make payment to Users via bank transfer. Hence, Users are required to provide The Company with his/her banking details in order to receive payments i.e. from the sale of item or refund from The Company.
10.1 The Company will inform Seller when The Company receives Buyer’s Purchase Monies. Unless otherwise agreed with The Company, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.
10.2 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 Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
11. CANCELLATION, RETURN AND REFUND
11.1 You, the Buyer, have agreed that he/she may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into The Company’s Bank Account. Once money received into The Company’s Bank account, no cancellation is allowed.
11.2 You, the Buyer, have agreed that he/she may apply for the return of the purchased item and refund prior to the expiry of The Company’s Period, by filling the application form and are subjected to and in accordance with The Company’s Refunds and Return Policy. Please refer to The Company’s Refunds and Return Policy for further information.
11.3 You, the Buyer, have agreed that The Company does not monitor the cancellation, return and refund process for offline payment.
11.4 You, the Buyer, have agreed that The Company reserves all rights to reject/deny/disapprove the refund request and irrevocably, unconditionally and willingly accepts The Company’s final decision(s).
11.5 REFUND POLICY Terms and conditions.
11.5.1 Applicants who purchased VGROW Tower 3.0 / VGROW Tower 2.0 / VGROW Tower 2.0 Mini, herein refer to as “The Product” DIRECTLY from VICTORY FARM AT ROOFTOP SDN BHD herein refer to as “The Company”, only are entitled for this application.
11.5.2 Applicants who purchase The Product from second-hand seller, or from any third party seller, which are not authorized by The Company shall not be eligible.
11.5.3 Applicants who purchased VGROW Tower 1st generation, or Applicants who subscribe to any of our current Subscriptions, Offers, Plan(s) or Service(s) are NOT eligible for this application.
11.5.4 Applicants can only apply within 7 days from the date of purchase. After the said 7 days from the day of purchase, no refund or exchange shall be eligible.
11.5.5 To be eligible for a refund, all the items which include seeds, germination substrates i.e. enhanced cocopeat potting mix or germination sponge, filter bags, net cups, fertilisers, pump and other accessories, herein referred to as “The Items”, provided in the package of The Product must be unused and must be returned to us in the same condition that you received it. It must also be in the original packaging. If any of The Items or The Product provided in the package of The Product has been used shall not be eligible for any refunds.
11.5.6 Applicants are also required to present and submit original purchase receipt and a copy of NRIC in order to apply.
11.5.7 The Company does not offer a refund in case of a change of mind or incorrect purchase.
11.5.8 Only regular priced items may be refunded, unfortunately sale items cannot be refunded. All SALE, discounted and promotional-priced items are non-returnable, non-refundable and non-exchangeable.
11.5.9 The Company will only replace The Items if they are defective only during this period of the said 7 days from the day of purchase.
11.5.10 Applicants who apply after the expiry date, which is the said 7 days, from the date of purchase shall not be eligible.
11.5.11 All applicants are required to fill-up and submit the application form to be entitled for this application.
11.5.12 Applicants are highly recommended to keep the original shipping box in good condition, if applicants would like to apply for this application. However the Applicant can get a new shipping box, herein refer to as “Required Shipping Box” as per The Company requirement size and measurement must be New, Non-Printed, Exactly 60cm x 40cm x 40cm double wall (not single wall) brown corrugated carton for VGROW Tower 3.0 or Exactly 50cm x 40cm x 30cm double wall (not single wall) brown corrugated carton for VGROW Tower 2.0 or must be New, Non-Printed, Exactly 40cm x 25cm x 25cm double wall (not single wall) brown corrugated carton for VGROW Tower 2.0 Mini.
11.5.13 If the Original Shipping Box or the Required Shipping Box received by The Company is not in original good condition, or the Applicant did not ship the Original Shipping Box or the Required Shipping Box as requested by The Company, The Company has the right to reject the application.
11.5.14 Applicants who are impatient, or who does not follow the instructions and guidelines, rules and regulations, policies and procedures, set by The Company, or abusive in words in any language towards The Company’s Customer Service Officers, shall be reported by The Company’s Customer Service Officers and The Company has the right to reject the application.
11.5.15 Applicants shall be informed by the Customer Service via email when to proceed with the shipping the complete set of The Product and all the parts and The Items together with the original shipping box or the Required Shipping Box with original good condition back to The Company, if the application has been approved.
11.5.16 Any missing parts or missing items in reference to The Items or damaged parts or damaged items in reference to The Items or Original Shipping Box or the Required Shipping Box not in original good condition or not the same Original Shipping Box or not the Required Shipping Box required by The Company, shall result in the application being rejected.
11.5.17 The Original Shipping Box or the Required Shipping Box original condition shall be not a single defect like dent, hole, wear and tear and the like.
11.5.18 Applicants will have to arrange their own shipping to ship the complete set of The Product to The Company address 3-3-1 Jalan Ahmad Nor. 11600 Jelutong Penang.
11.5.19 The Company will not be responsible for the shipping FEE or The Product lost in transit or damage during transit.
11.5.20 All shipping charges and all shipping arrangement shall be borne by the Applicants.
11.5.21 If Applicants have FAILED any one of the check-lists as required, The Company will ship The Product back to applicants. The Company will inform the applicants via email to arrange for collection.
11.5.22 Any statement of money back guarantee in the context of The Company’s definition is the same statement as refund and refund offered is in the form of gift voucher.
11.5.23 If applicants have passed ALL the check-list as required by The Company, applicants will be refunded in the form of gift vouchers in 30 business days (exclude Saturday, Sundays or any Public Holidays) commencing from the date AFTER the application got approved by the Company.
11.5.24 All refund will be issued as gift vouchers, which can be used for next purchase.
11.5.25 Refunds to credit card or cash are not available.
11.5.26 All gift vouchers cannot be redeemed as cash.
11.5.27 Applicants will be informed via email from the Company, if their application has been approved or rejected.
11.5.28 Uberrima Fides, the duty of utmost good faith requires the Applicants to disclose all information relevant to the Company decision to accept the application.
11.5.29 Non-disclosure will only result in disqualification or rejection of application
11.5.30 Applicants have read and understood, irrevocably, willingly and unconditionally agree and accepts that The Company does not in anyway guarantee any results as stated and The Company reserve the rights to change, modify, revise, update the refund policy terms and conditions without notice.
11.6 Kindly send your request for APPLICATION FORM to firstname.lastname@example.org
12.1 THE PRODUCTS INCLUSIVE OF EVERY PARTS & SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES (UNLESS YOU HAVE PURCHASED E-WARRANTY CARD), CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE PRODUCTS INCLUSIVE OF PARTS & SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DOES NOT WARRANT THAT THE PRODUCTS & SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
12.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE PRODUCTS & SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12.3 THE COMPANY HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE THE COMPANY AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
13. EXCLUSIONS AND LIMITATIONS OF LIABILITY
13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN
EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE
SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
13.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, THE COMPANY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE MAXIMUM AMOUNT OF RM200.
13.4 NOTHING IN THESE TERMS & CONDITIONS SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF THE COMPANY THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
14. GOVERNING LAW
These Terms & Conditions shall be governed by and construed in accordance with the laws of MALAYSIA without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms & Conditions against or relating to The Company or any Indemnified Party under these Terms & Conditions shall be referred to and finally resolved by arbitration in MALAYSIA in accordance with the Arbitration Rules of the MALAYSIA for the time being in force, which rules are deemed to be incorporated by reference in this Section.
15. GENERAL PROVISIONS
15.1 The Company reserves all rights not expressly granted herein.
15.2 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.
15.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
15.4 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.
15.5 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.
15.6 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).
15.7 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.
15.8 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.
15.9 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: email@example.com
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. BY PURCHASING THE COMPANY’S ANY PRODUCTS & SERVICES WITH CONFIRMED PAYMENT, YOU UNDERSTAND THAT YOU ARE CREATING A DIGITAL SIGNATURE, WHICH YOU INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD SIGNED YOUR NAME MANUALLY.