Terma & Syarat

1. Introduction

1.1 Welcome to the agrobazaar.com.my, a website established and operated by the Federal Agricultural Marketing Authority, a statutory body established by the Government of Malaysia, to supervise, coordinate and improve the marketing of agricultural produce.

1.2 This page tells you the terms and conditions on which we supply any of the products listed on this site to you. Please be advised that you should read these terms and conditions before ordering any products from this site and by ordering any of our products, you agree to be bound by those terms and conditions. If you refuse to accept these terms and conditions, you will not be able to order any products from this site.

2. The Products

2.1 For the purpose of this site,'products' include any agricultural produce, whether processed or otherwise, produced, packed or manufactured by FAMA or small and medium enterprises, or governmental agencies or departments.

2.2 The images of the products on our site are for illustrative purpose only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colours of the products.

2.3 Thepackaging of the products may vary from that shown on images on our site.

2.4 All products shown or listed on our site are subject to availability.

2.5 All specification or grade standard of freshproducts shown on the site are given for general information only and we shall not be responsible for the accuracy or otherwise of such specifications and provides no guarantee in respect of such accuracy.

3. Service availability and warranty

3.1 By placing on order through our site you acknowledge and warrant that :

> 3.1.1 all information that you submitted to our site, are true, current and accurate;

> 3.1.2 you agree to pay for all charges billed to you in respect of your order;

> 3.1.3 if you represent a business entity, you are duly authorized by that entity to make an order and payment; and

> 3.1.4 you are to comply with your obligations stipulated under these Terms of Supply.

4. Placing an order

4.1 By placing an order on this site, you confirm that you have read these Terms of Supply and the Privacy Policy, and that you agree to them. You should keep a copy of these Terms of Use for future reference.

4.2 Each order that you place is an offer to buy those products and we shall accept that offer at our sole discretion, but orders are normally accepted if:

> 4.2.1 the products are available;

> 4.2.2 the order reflects our current pricing;

> 4.2.3 the products are for delivery to a reachable destination; and

> 4.2.4 payment is made in accordance to terms and conditions of sale.

4.3 We will acknowledge your order through email.

5. Service Agreement

5.1 Terms and rules on member conduct

5.2 Supplier service agreement

5.3 Membership agreement

5.4 Transaction service agreement

6. Payment

6.1 The price of the products will be as listed on the portal. All prices include GST, if applicable.

6.2 Delivery charges will be in accordance to the shipping mode selected by you.

6.3 Payment for the products and related costs will be in accordance to service agreement between buyer and seller.

7. Delivery

7.1 Delivery of product will be in accordance to service agreement between buyer and seller.

8. Exclusion of Liabilities

8.1 To the full extent allowed by applicable law, in no event shall Agrobazaar.com.my be liable under any circumstances for:

> 8.1.1 any punitive, incidental,indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);

> 8.1.2 any loss of goodwill or reputation;

> 8.1.3 any special, indirect or consequential damage arising out of or in connection with these services, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence;

> 8.1.4 any liability at common law; or

> 8.1.5 in any other way.

8.2 Subject to the limitation stated above, nothing in these services shall be deemed to limit or exclude the Agrobazaar.com.my's liability for fraudulent misrepresentation, or for death or personal injury resulting from the negligence or of the Agrobazaar.com.my's servants, agents or employees. For avoidance of doubt, the Agrobazaar.com.my is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.

9. Indemnity

The User at all times agrees and undertakes to indemnify, hold harmless and defend the Agrobazaar.com.my from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Agrobazaar.com.my directly or indirectly, due to or arising out of the User's breach of these services (including the documents incorporated by reference), or arising out of the User's violation of any law or the rights of a third party.

10. Trademarks and copyrights

The words 'Agrobazaar.com.my' and its logos or slogans are proprietary marks of FAMA. All other marks, trade names or service names appeared on this site belong to the respective owners. You shall not use any of the marks, trade names or service names in any manner without the written consent of FAMA or their respective owners. All content on this site including text, graphics, logos, button icons, images, software, source code and the collection, arrangement and assembly of content are the property of FAMA and are protected by copyright and the other intellectual property laws.

1. Information

a. I/we shall furnish or post true and accurate information of product such as variety, weight, size and others on this website;
b. I/we shall update from time to time information on product variety, quantity, price, method of delivery, pick-up location and whatever necessary; and
c. I/we shall notify non-availability of product immediately upon out of stock.
d. I/we shall promptly amend inaccurate and inappropriate information posted on this website.
e. I shall furnish any information required by the administrator of this website.

2. Service Integrity

a. I/we shall supply quality product which are fresh, safe for consumption, beyond its expiry date and packed appropriately;

b. I/we shall delivery order(s) within stipulated time;
c. I/we shall ensure that order(s) are ready on collection time; and
d. I/we shall ensure that fresh fruits, vegetables and flowers are conformed to the requirements of grading, packaging and labelling regulations.

3. In Case Of Non-Performance

a. I/we shall replace non-delivered order(s) which due to situations beyond control, within the time stipulated by the purchaser;
b. I/we shall replace order(s) with the same quality and quantity, or substitute with other item at purchaser's request; and
c. I/we shall refund payment within fourteen working days for non-delivered order(s) which paid by purchaser to me/us.

4. Payment and Charges

a. I agree that the administrator of this website may determine the method of payment for order(s) and sales from time to time;
b. I agree that the administrator may from time to time, make notification of imposing charges and commissions, and upon my/our consent, may impose the charges and commissions; and
c. I agree that the FAMA may make deductions before remitting sales payments to me/us to contra for any charges, commission, refund and others when necessary.

5. Covenant

a. I shall post agricultural and agro based product only;
b. I shall post genuine materials and shall not infringe any law regarding intellectual properties rights;
c. I shall not use any FAMA's or other parties logo without prior consent
d. I shall take full responsibilities for all my postings;
e. FAMA shall not be responsible for any damages or claim by third party affected by my posting in this website;
f. I hereby indemnify FAMA for any claim, suit and proceeding pertaining to my postings; and
g. I shall adhere to all Malaysian laws especially The Personal Data Protection Act 2010, Electronic Commerce Act 2006, Computer Crime Act 1997 and Digital Signature Act 1997.
h. I agree that any dispute arises from or in relation to this website shall be referred to a Dispute Resolution Committee established by FAMA.

6. Removal from Website

FAMA reserves right to remove and ban myself/our company from this website in the occurrence of breach of any of these Terms and Conditions or inactive postings.

7. Amendments of Terms and Conditions

The administrator may amend these Terms and Conditions from time to time with notifications on this website.

8. Governing Laws

These Terms and Conditions and the usage of this website are governed by Malaysian Laws.

1. I/we acknowledge that the administrator of this website and the products sellers had taken their best to post accurate information of the products but the illustrations may vary from the actual image.

2. I/we had furnished sufficient and accurate information required for delivery purpose such as date of delivery or collection, method of delivery, delivery address or pick-up location, recipient contact number, approximate delivery or pick-up time and other necessary information.

3. I/we shall pick up order(s) within stipulated time at the determined location; or I/we shall ensure the availability of the recipient at the delivery address at the stipulated time.

4. I/we agree that any cancellation of order is not entitled to replacement or refunds.

5. I/we agree that there shall be no replacement or refund for failure in collecting the order(s) within the stipulated time or failure in delivery due to recipient unavailability at the delivery address within the stipulated delivery time.

6. I/we agree to pay for the total price including Goods Sales Tax (GST) and delivery charges upon receipt of the order if the payment method is “Cash on Delivery�.

7. In case of inability of the seller to deliver the order on time due to situation beyond the control of the seller, upon notification by the seller I/we shall decide whether to cancel and receive full refund or accept replacement or substitution of the order.

8. I/we agree that my order is subject to availability of the products and thus, I accept full refund for non-delivery which due to out of stock.

9. I/we agree that this website owner and administrator shall not be liable for non-performance by the seller and any dispute arises therefrom shall be referred to the Dispute Resolution Committee established by Federal Agricultural Marketing Authority.

10. I/we agree that these Terms and Conditions and the usage of this website are governed by Malaysian Laws.