SECTION 1 - ONLINE STORE TERMS.
By agreeing to these Terms of
Service, you represent that you are at least the age of majority in your state
or province of residence and you have given us your consent to allow any of
your minor dependents to use this site.
You may not use our products for
any illegal or unauthorized purpose nor may you, in the use of the Service,
violate any laws in your jurisdiction (including but not limited to copyright
laws).
You must not transmit any worms
or viruses or any code of a destructive nature. A breach or violation of any of
the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS.
We reserve the right to refuse
service to anyone for any reason at any time.
You understand that your content
(not including credit card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service or any contact on the website through which
the service is provided, without express written permission by us.
The headings used in this
agreement are included for convenience only and will not limit or otherwise
affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the
information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should
not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of
information.
Any reliance on the material on
this site is at your own risk.
This site may contain certain
historical information. Historical information, necessarily, is not current and
is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any
information on our site.
You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are
subject to change without notice. We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any
time.
We shall not be liable to you or
to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 - PRODUCTS AND SERVICES
Certain products or services may
be available exclusively online through the website.
These products or services may
have limited quantities and are subject to return or exchange only according to
our Refund Policy.
We have made every effort to display
as accurately as possible the colours and images of our products that appear at
the store. We cannot guarantee that your computer monitor's display of any
colour will be accurate.
We reserve the right, but are not
obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case
basis.
We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at any time without notice,
and at the sole discretion of us.
We reserve the right to
discontinue any product at any time. Any offer for any product or service made
on this site is void where prohibited.
We do not warrant that the
quality of any products, services, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the service
will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse
any order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order.
These restrictions may include
orders placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address.
In the event that we make a
change to or cancel an order, we may attempt to notify you by contacting via
the e-mail and/or billing address/phone number provided at the time the order
was made.
We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current,
complete and accurate purchase and account information for all purchases made
at our store.
You agree to promptly update your
account and other information, including your email address and credit card
numbers and expiration dates, so that we can complete your transactions and
contact you as needed.
For more details, please review
our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to
third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we
provide access to such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement.
We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools
offered through the site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also, in the future, offer
new services and/or features through the website (including, the release of new
tools and resources). Such new features and/or services shall also be subject
to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and
services available via our service may include materials from third-parties.
Third-party links on this site
may direct you to third-party websites that are not affiliated with us. We are
not responsible for examining or evaluating the content or accuracy and we do
not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or
services of third-parties.
We are not liable for any harm or
damages related to the purchase or use of goods, services, resources, content,
or any other transactions made in connection with any third-party websites.
Please review carefully the
third-party's policies and practices and make sure you understand them before
you engage in any transaction.
Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send
certain specific submissions (for example contest entries) or without a request
from us, you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us.
We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.
We may, but have no obligation
to, monitor, edit or remove content that we determine in our sole discretion
are unlawful, offensive, threatening, libellous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual
property or these Terms of Service.
You agree that your comments will
not violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You further agree
that your comments will not contain libellous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in
any way affect the operation of the Service or any related website.
You may not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy.
We take no responsibility and
assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal
information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be
information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to
update, amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law.
No specified update or refresh
date applied in the Service or on any related website, should be taken to
indicate that all information in the Service or on any related website has been
modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions
as set forth in the Terms of Service, you are prohibited from using the site or
its content:
(a) for any unlawful purpose;
(b) to solicit others to perform
or participate in any unlawful acts;
(c) to violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or
disability;
(f) to submit false or misleading
information;
(g) to upload or transmit viruses
or any other type of malicious code that will or may be used in any way that
will affect the functionality or operation of the Service or of any related
website, other websites, or the Internet;
(h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or
scrape;
(j) for any obscene or immoral
purpose; or
(k) to interfere with or
circumvent the security features of the Service or any related website, other
websites, or the Internet.
We reserve the right to terminate
your use of the Service or any related website for violating any of the
prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or
warrant that your use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the
results that may be obtained from the use of the service will be accurate or
reliable.
You agree that from time to time
we may remove the service for indefinite periods of time or cancel the service
at any time, without notice to you.
You expressly agree that your use
of, or inability to use, the service is at your sole risk.The service and all
products and services delivered to you through the service are (except as
expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Agro360/BMQ, our
managements, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service
or any product, 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
the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility.
Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend
and hold harmless Agro360/BMQ and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless from any
claim or demand, including reasonable attorneys’ fees, made by any third-party
due to or arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 15 - SEVERABILITY
In the event that any provision
of these Terms of Service is determined to be unlawful, void or unenforceable,
such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities
of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms of Service are
effective unless and until terminated by either you or us. You may terminate
these Terms of Service at any time by notifying us that you no longer wish to
use our Services, or when you cease using our site.
If in our sole judgment you fail,
or we suspect that you have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to
our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or
enforce any right or provision of these Terms of Service shall not constitute a
waiver of such right or provision.
These Terms of Service and any
policies or operating rules posted by us on this site or in respect to The
Service constitutes the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 18 - GOVERNING LAWS
These Terms of Service and any
separate agreements whereby we provide you Services shall be governed by and
construed in accordance with the laws of The Federation of Malaysia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current
version of the Terms of Service at any time at this page.
We reserve the right, at our sole
discretion, to update, change or replace any part of these Terms of Service by
posting updates and changes to our website. It is your responsibility to check
our website periodically for changes.
Your continued use of or access
to our website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of
Service should be sent to us at agro360@brilliance.com.my