By accessing the website at https://Garden.MY, you are agreeing to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
- Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Garden.MY website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Garden.MY website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Garden.MY at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Garden.MY website are provided on an ‘as is’ basis. Garden.MY makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Garden.MY does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Garden.MY or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Garden.MY website, even if Garden.MY or Garden.MY authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Accuracy of materials
The materials appearing on Garden.MY website could include technical, typographical, or photographic errors. Garden.MY does not warrant that any of the materials on its website are accurate, complete, or current. Garden.MY may make changes to the materials contained on its website at any time without notice. However Garden.MY does not make any commitment to update the materials.
Garden.MY has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Garden.MY of the site. Use of any such linked website is at the user’s own risk.
Garden.MY may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
- Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Malaysia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
- Garden.MY, the maker is the services provider for a site and services include an online platform service that provides a place and opportunity for the sale of goods between the buyer and
the seller and the maker of the site shall not be responsible and/or no obligations in connection for any cause through the transaction between the buyer and the seller.
- The maker of the site shall reserve the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws with sole discretion and without notice or liability.
- By using the services and/or opening an account, the Buyer has given an irrevocable acceptance of and consent to the terms of this agreement, including those additional terms and conditions and policies referenced herein and/or linked hereto.
- The maker of the site do not own any proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site 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 Services, the Site and its Content.
- Any software provided by the maker to you as part of the Services is subject to the provisions of these Terms of Service and the maker of the site shall reserves all rights to the software.
- The Buyer and the Seller shall keep their password confidential and use only their User ID and password when logging in, and further ensure that you log out from your account at the end of each session on the Site.
- Any unauthorised use of your Account shall immediately notify to the maker of the site and the maker of the site shall not be responsible for any cause in the event of misuse and/or leak of the information whatsoever.
- The maker of the site shall 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.
- Any termination shall notify the maker of the site in writing inslusive by way of email.
- 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.
- The maker of the site 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 maker of the site.
- The Buyer and/or the Seller who using the account shall not: –
(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) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(e) remove any proprietary notices from the Site;
(f) manipulate the price of any item or interfere with other User’s listings;
(g) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by the maker of the site with respect to the Services and/or data transmitted, processed or stored by the maker of the site;
(h) 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);
(i) 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;
(j) use the 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;
(k) use the Services to violate the privacy of others or to “stalk” or otherwise harass
(l) 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.
15. The following payment methods in each country it operates in are accepted and determine by the owner of the site.
16. The maker of the site 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.
17. The site reserves 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.
18. The 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.
19. The Seller must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable.
20. In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that the maker of the site will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
21. The price of items for sale will be determined by the Seller at his/her own discretion.
22. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.
23. Seller shall issue receipts, credit card slips or tax invoices to Buyer on request and further the Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and the site cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
24. The site charges a subscription fee package of a time range for Seller to purchase in order to use the services on the site and also charge a fee for all successful transactions completed via e-wallet, bank transfer, credit card on the Site (“Payment Fee”). The Payment Fee is borne by the Seller, and is calculated at three percent (3%) or RM2, whichever is higher of the Buyer’s Purchase Monies together with Delivery Fee And Take Away Fee set by Seller or Garden.MY, rounded up to the nearest cent.
25. The Payment Fee is subject to SST (“Tax Amount”), and the Seller is responsible for such Tax Amount.
26. The subscription fee and transaction fee may change due to the market demand.
27. For Sellers located outside of Malaysia, the site charges a fee for all successful transactions completed via e-wallet, bank transfer, credit card or the site wallet on the Site.
28. This fee shall be borned by the Seller, and is calculated according to the rates as notified to such Sellers from time to time on the Site.
29. The site shall issue receipts or tax invoices for the Payment Fee and Tax Amount paid by Seller on request.
30. The services are provided “as is” and without any warranties, claims or representations made by the site of any kind either expressed, implied or statutory with respect to the services, including, without limitation, warranties of quality, performance, noninfringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage.
31. In no event shall the site 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.
32. Upon sign in to the site, the buyer and seller are acknowledge and agree that the 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.
33.The site has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties.
34.If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
35.These Terms of Service shall be governed by and construed in accordance to the laws of Malaysia and the parties hereto hereby submit to the jurisdiction of the courts of the States of Malaya of competent jurisdiction in all matters concerning with the obligations and liabilities under this Agreement.
Time wherever mentioned shall be of essence of these terms and conditions of Service.
36.The site reserves all rights not expressly granted herein and may modify these Terms of Service at any time by posting the revised Terms of Service on this Site.
37.Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between the Seller and Buyer with the site, nor does it authorise anyone to incur any costs or liabilities on the site’s behalf.
38.The failure of the site 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.
39.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.
40.These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent
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