HerbsGrocer E-Commerce Terms & Conditions
1. Welcome to www.herbsgrocer.com.my! Thank you for visiting our website. This page forms the Terms and Conditions in accordance with which we supply Products (each a “Product”) listed on our website www.herbsgrocer.com.my (the “Site”) to you (the “Terms and Conditions”). Please read these Terms and Conditions before ordering any Products from the Site. By ordering any of our Products, you agree to be bound by these Terms and Conditions. You should visit our page regularly to make note of any changes we have made to our Terms and Conditions.
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY AS IT GOVERNS YOUR USE OF THE SITE.
AGREEMENT
2. This Agreement (the "Agreement") is an agreement between the Customer (hereinafter referred to as “you” or “your”) and PASARAYA MEGAHERBS & FOOD SDN BHD (Company No. 662548-M) (Herein after referred to as “HerbsGrocer”, “Megaherbs”, “we”, “us” or “our”) that states the terms and conditions regarding your access to and use of HerbsGrocer’s Site and all content, information, products and services available on or through the Site, which includes processing and delivery of Product orders.
Your use of the HerbsGrocer service and the Site constitutes your agreement to the terms and conditions together with the Privacy Policy set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the HerbsGrocer Service.
GENERAL
3. You agree that the HerbsGrocer reserves the right to amend these terms and conditions together with the Privacy Policy at any time, in HerbsGrocer sole discretion, by posting any such amendment(s) to the Site without prior notice. HerbsGrocer does not undertake to notify any of such changes.
INTELLECTUAL PROPERTY
4. HerbsGrocer and HerbsGrocer Logo are trademarks of HerbsGrocer (“Trade Marks”). All material on this Site, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (“Content”)
is owned by or licensed to HerbsGrocer. You must not reproduce, transmit, adapt, distribute, sell, disrupt, modify, publish, store or display in public the Content or Trade Marks for any purpose, other than with the prior written consent of HerbsGrocer, or as permitted by law. Using the Site for any other purposes or in any other manner is strictly prohibited. All rights of HerbsGrocer are reserved.
5. Trademarks used on this website to describe third parties and their products are trademarks of those third parties.
6. All rights, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to HerbsGrocer in this Site and all text, graphics, photographs, forms, diagrams and other materials published on it shall remain the property of HerbsGrocer at all time. You must not reproduce, transmit, adapt, distribute, sell, disrupt, modify, publish, store or display in public or distribute in any way the contents or any part of this site for any purpose other than with the prior written consent of HerbsGrocer, or as permitted by law.
LINKS
7. The Site may contain hyperlinks to other sites and pages which are not maintained or controlled by HerbsGrocer and for which HerbsGrocer is not responsible. When you clicked into any of these links or pages you leave this site and access to such site or page is at your own risk for which HerbsGrocer disclaims all responsibility and liability.
8. HerbsGrocer disclaims all liability to information or materials posted by advertisers or sponsors on this Site.
PROHIBITIONS
9. You must not misuse this Site. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute an offence under the Communications and Multimedia act 1998. In the event such breach occurs, HerbsGrocer will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
CUSTOMER’S REGISTRATION
10. The Customer shall agree to complete the registration process according to HerbsGrocer's requirements as stated on this Site. The Customer shall provide HerbsGrocer with complete and updated information which shall include (but shall not be limited to) the Customer's legal name, address, telephone and fax numbers (optional) and e-mail address. If the Customer provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), HerbsGrocer has the absolute right to suspend or terminate the registration of such Customer and/or refuse any and all its current or future use of this site.
11. Registration is open to residents in Malaysia aged eighteen (18) years and above. HerbsGrocer has the absolute discretion to refuse the registration of a potential Customer for any reason whatsoever and to terminate the registration of any of its Customers for any reason whatsoever. Once the Customer has completed and submitted its registration, we shall deem that the Customer has opted in to receive email communication and text message from us and the Customer shall be responsible for all charges imposed by the Customer’s mobile phone carrier, if any.
12. HerbsGrocer has the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.
13. The Customer shall be liable for every Order made under his/her Login and agrees to indemnify HerbsGrocer for all claims, damages whatsoever made by any third party arising from the actions of a person placing Orders for the Products using the Customer's Login. The Customer shall be responsible for updating his registration information. The Customer shall immediately notify HerbsGrocer in the event of any unauthorized use of the Customer’s Login.
14. Should the Customer find any unauthorized use of his/her login, the Customer shall notify HerbsGrocer immediately and effectively.
15. Access to the Site is done through the use of a personal password. You shall ensure that the password is kept strictly confidential to prevent any unauthorized use. You shall accept responsibility for all activities that occur under the Customer’s Login and password. HerbsGrocer shall use its best endeavours to prevent any unauthorized entry to the Site. However, HerbsGrocer shall not be liable for any damages or losses whatsoever if any third party gains unauthorized access to the Site.
ONLINE PURCHASE
16. Customer may place his/her Order via HerbsGrocer’s website at: http://www.herbsgrocer.com.my. Once you have selected the product(s) that you wish to order and the method of either delivery or collection, you will then be shown
(on the Site) the charges you must pay including taxes, if applicable, and any applicable delivery charges. You shall pay for the order in full at the time of ordering, all forms of payment (bank transfer, debit/credit card, etc) are to be processed via the payment gateway of the Site.
17. After placement of an Order, you shall receive an email acknowledging receipt of Purchase Order. For clarification, such acknowledgement of receipt of Purchase Order does not constitute confirmation of acceptance of such Purchase Order and it does not guarantee its’ stocks availability. The inclusion of any Products or services on this site at a particular time does not guarantee that the Products or services will be available at all time.
18. HerbsGrocer shall not be obliged to supply the Product to you until we have accepted your Purchase Order by sending you a subsequent email confirming our acceptance, in the form of a document called a "Confirmation of Order" stating that HerbsGrocer is accepting your order.
19. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order.
NON-SALES OF ALCOHOL TO MINOR AND MUSLIMS
20. It is illegal for any Minor under the age of twenty-one (21) to purchase alcohol and it is illegal if you falsify your details in order to purchase alcohol if you are a Minor under the age of twenty-one (21).
21. By virtue of Section 19 (1) and Section 19 (2) Syariah Criminal Offences Act 1997, all Muslims are forbidden from buying and drinking alcohol.
22. In accordance to the legal provisions above, any Minor or Muslims are not allowed to purchase alcohol products listed on the Site.
CANCELLATION
23. HerbsGrocer may cancel an order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. Refund will be credited into Customer's credit card account or Customer’s bank account depending on the period of time your financial institution required to arrange for the refund.
You are not allowed to cancel the order once a Confirmation of Order is issued. If certain Product is not available, you may choose the following options upon notification by email or SMS:-
(a) to replace the unavailable product(s)/item(s) with another item that is equivalent in value and proceed with the remaining order; or
(b) not to proceed with the order and to refund the full amount paid
should you fail to respond to the notification within seven (7) days, HerbsGrocer will cancel your Order and full refund will be given in accordance to these Terms and Conditions.
PAYMENT TERMS
24. All Products listed are in Ringgit Malaysia (RM).
25. Payment for Products ordered online through the Site can be made through our payment gateway via online bank transfer, valid VISA or MasterCard only. HerbsGrocer shall not be liable for any debit/credit card fraud.
26. HerbsGrocer may from time to time set credit limits for each individual customer(s) and HerbsGrocer reserves the right to limit sales including the right to decline sales to any customers.
27. HerbsGrocer reserves the right to change the payment terms for any order without prior notice.
28. If payment for any order has already been made but the order is not accepted by HerbsGrocer, the Customer will be entitled to a refund. We shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in your financial institution processing the said refund.
DISCLAIMER OF LIABILITY
29. The Products and content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy, quality or legality. Unless expressly stated to the contrary and to the fullest extent permitted by law, HerbsGrocer hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
46. HerbsGrocer shall under no circumstances be held liable to the Customer for any indirect, consequential and punitive damages compensation.
INDEMNITY
47. You agree to indemnify, defend, hold harmless HerbsGrocer, its directors, officers, employees, consultants, agents, nd affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) rising from your use of this Site or your breach of the Terms and Conditions.
TERMINATION OF USAGE
30. Notwithstanding any other provision of this Agreement, HerbsGrocer may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without notice or liability to you or any other person. HerbsGrocer may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
PERSONAL DATA AND PRIVACY POLICY
31. HerbsGrocer respects the privacy of individuals with regards to Personal Data. This Personal Data and Privacy Policy is framed in accordance with the Personal Data Protection Act 2010 ("Act"). For the purpose of this Personal Data and Privacy Policy, "Personal Data" shall have the same meaning as endorsed to it in the Act. By using the Site, you are agreeing to the terms of this privacy policy. If you do not agree with any term of this policy, please do not use the Site. HerbsGrocer may change this Personal Data and Privacy Policy from time to time and you are advised to check the said policy on a regular basis.
32. HerbsGrocer does not sell, share or trade customers’ personal information collected online with third parties.
33. HerbsGrocer will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you
34. We will only keep your information for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
35. When you register an account with HerbsGrocer in our Site, the personal information we collect may include your:
Name
Billing Address
Delivery Address
Email Address
Telephone Number
Mobile Number
Date of Birth
Gender
36. The personal information we collect from you will be used in some or all of the following ways:
a) To contact you in regards to your purchases from HerbsGrocer in the Site;
b) To provide you with relevant product information;
c) To process your orders and payment transactions;
d) To deliver the products you have purchased from HerbsGrocer;
e) To update you on the delivery status of the product and for customer support purposes;
f) To provide you with the services and information offered through our website;
g) To conduct research/surveys to improve our services; and
h) To resolve disputes and troubleshoot problems.
37. When you visit the Site, our system will record your visit and information such as follows:-
a) IP address
b) Browser type
c) The pages you visited in the Site
d) The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics.
This information is collected for analysis and evaluation in order to help us improve our site and the services and products we provide. This data will not be used in association with any other personal information.
38. We use cookies and similar technologies to collect data about your use of the Site. For your information, Cookies are small computer files that can be stored on your computer for the purposes of obtaining configuration information and analysing your browsing habits. They can save you from registering again when re-visiting a web site and are commonly used to track your preferences in relation to the subject matter of the website. You may refuse to accept Cookies by modifying the Internet options.
39. The debit/credit card and/or banking information provided by you to HerbsGrocer will be stored in an utmost confidential manner. HerbsGrocer may access such information only when there is an appropriate business reason to do so, such as when a refund must be issued back to the debit/credit card or bank account. We maintain physical, electronic and procedural safeguards to protect your information, and our employees are required to follow these privacy standards.
40. All reasonable efforts and practical steps are taken to ensure that any Personal Data held by HerbsGrocer is kept up-to-date and is protected against any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction.
41. You may at any time opt out from receiving any marketing materials from us at any time, any requests in relation to the above shall be in writing (by email) and addressed to Customer Service at herbsgrocer.cs@gmail.com.
FORCE MAJEURE
42. In he event that HerbsGrocer’s performance is prevented by reason of "force majeure". HerbsGrocer shall not be liable for any delay or failure in our performance caused by or resulting in from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.
MISCELLANEOUS
43. All pictures and images of the products displayed on this Site constitute an invitation to treat and are for illustration purposes only. The actual size, dimension, label, vintage and colour of the products may differ.
44. The descriptions on this Site, for the products supplied or sold are necessarily subjective but are intended to give a general description of the products to the best of HerbsGrocer’s knowledge. No such description can ever replace the information acquired during a visit to the physical store.
45. HerbsGrocer shall not be liable to the Customer for any ullage or for any deterioration in the condition ofany wine (which may occur naturally to all wines regardless how well cared for), whether that wine is in reserve storage with HerbsGrocer or stored separately by or on behalf of the Customer.
46. The headings and sub-headings in these Terms and Conditions are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any of the provisions contained herein.
47. If any provision or any part of any provision of these Terms and Conditions which are illegal, void prohibited or unenforceable shall be ineffective to the extent of such illegality, void, prohibition or unenforceability without invalidating the remaining provisions hereof and any such illegality, void, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other provision contained herein.
48. This Agreement shall be governed by and construed in all respects in accordance with the laws of the Malaysia.
