Agrain Holdings Sdn Bhd
TERM OF USE AGREEMENT
By accessing any part of this website, you agree to these terms and conditions. If you do not agree, you should not use this website.
AGRAIN Holdings Sdn Bhd (“AGRAIN”) is a company incorporated in Malaysia with its registered company number (1170950-A) and business address at Lot 1-20, First Floor, Menara Hap Seng, Jalan P.Ramlee, 50250 Kuala Lumpur.
www.agrain.my provides a way for you to place your orders (“Orders”) for products displayed on the website (“Products”) where your Orders will be delivered to you (the “Service”).
Placing your Order
Once you have selected the Products you wish to order from the menu on the Website you will be directed to a page where you will provide the required information. You will be given the opportunity to submit your Order by clicking or selecting the “Confirm Order” button or similar button on the Website. You shall check all the information that you enter and correct any errors before clicking or selecting this button. Once you do so we will start processing your Order and errors cannot be corrected.
Changing or cancelling your Order
Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund. If you wish to change or cancel your Order, you may contact AGRAIN. However, there is no guarantee that AGRAIN will agree to your requests as they may have already started processing your Order.
Processing your Order
On receipt of your Order, we will begin processing your Order and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website merely indicates that your Order has been received and is being processed by us, and does not necessarily mean that your Order is confirmed.
Your Order is only confirmed upon receipt of our Order confirmation e-mail. In the event that we are unable to fulfil your Order due to any unavailability of any ingredients, we will notify you immediately of such unavailability and you will not be charged for that particular Order or will be refunded the payment for that Order. We may substitute the unavailable ingredient with another similar ingredient of equal value, should this happen you will be notified. We endeavour to process all Orders and to communicate any unavailability and substitutes promptly, and we will notify you (generally by email) as soon as reasonably practicable if we are unable to fulfill your Order or the substitute for the unavailable ingredient. However, we have the discretion to reject Orders at any time due to weather conditions or for any other unforeseeable circumstances.
Where any payment you make is not authorised, your Order will not be processed.
We will deliver your Order to the delivery address chosen on the specified time and date selected by you. Estimated times for deliveries are shown on the Website are only estimates. We do not guarantee that Orders will be delivered or available for collection within the estimated times. We only deliver Orders to places within our listed location which will be updated on our Website from time to time. It is up to the customer to ensure that they have access to the selected pickup location at the designated time/date.
Prices quoted in our menu on our Website is exclusive of delivery costs. We endeavour to provide you with an accurate pricing on our Website. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is processed. In such an event, we are not under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
Payment for Orders must be made by an accepted credit or debit card or via online bank transfer through the Website
In the event that your Order is rejected by AGRAIN, the payment for your Order will be refunded to you. However, this may take between 5 to 7 working days (or longer, depending on your bank or card issuer). You acknowledge and agree we will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
All images shown on the Website are for illustration purpose only. You acknowledge that the information and materials presented on our Website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. You are responsible to evaluate the accuracy, completeness and usefulness of all information and materials found or offered on the website.
We endeavor to provide an accurately information on our Products. If you are in doubt about allergy warnings, contents of a dish or any other Product information, you should confirm with AGRAIN directly before ordering.
Accounts and Registration
You are required to create an account with www.agrain.my in order to place Orders. We reserve the right to terminate your account without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Terms and Conditions shall survive the termination.
Capacity and age
By placing an Order through the Website, you warrant that you are legally capable of entering into binding contracts and at least 18 years old.
WE TAKE OUR CUSTOMERS PRIVACY SERIOUSLY AND WE WILL ONLY COLLECT AND USE YOUR PERSONAL INFORMATION AS OUTLINED BELOW.
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.
You can visit the Site and browse without having to provide personal details. During your visit to the Site you remain anonymous and at no time can we identify you unless you have an account on the Site and log on with your user name and password.
By using our website, you authorise us to use and store information provided by you including your name, address, contact details (such as telephone and mobile numbers and e-mail address) and payment information (such as credit or debit card information). We may also collect information about your usage of the Website and Service and information about you from the materials (such as messages and reviews) you post to the Website and the e-mails or letters you send to us.
The personal information we collect from you will be used in some or all of the following manner:
- To deliver the products you have purchased from our website
- To update you on the delivery of the product and for customer support purposes
- To provide you with relevant product information
- To process your orders and to provide you with the services and information offered through our website which you requested
We will not share your information with any other organisations other than related companies, sister companies and those third parties directly related to the delivery of the products you have purchased. This includes your name and address to a third party in order to make delivery of the product to you (for example to our courier and supplier).
We will not share your information with any other organisations other than related companies, sister companies and those third parties directly related to the delivery of the products you have purchased from our website. In exceptional circumstances, we may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes. We are committed to complying with the PDPA (Personal Data Privacy Act 2010) and the National Privacy principles.
We may however use your information to contact you for your views on the Service; to notify you occasionally about important changes or developments to the Website or the Service; to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing; to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging and/or e-mail) and to help us analyse the information we collect so that we can administer, support, improve and develop our business and services to you.
We ensure that all information collected will be safely and securely stored. We protect your personal information by:
- Restricting access to personal information
- Maintaining technology products to prevent unauthorized computer access
- Securely destroying your personal information when it’s no longer needed for our record retention purposes
If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by contacting the AGRAIN team.
Variation of terms and conditions
Any changes to our terms and conditions will be posted to the Website and, where appropriate, through e-mail notification.
Material from www.agrain.my may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of AGRAIN. All remarks, suggestions, ideas, graphics, or other information displayed on this Website or communicated to us are the property of AGRAIN.
The terms and conditions, any order and payment instructions constitute the entire agreement between you and AGRAIN (“Agreement”). No other terms whether expressed or implied shall form part of this agreement.
If any provision of these terms and conditions shall be deemed invalid, illegal or unenforceable, such provision shall as to such jurisdiction be fully severable and ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining terms and conditions hereof.
We will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, negligence, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site or our Service.
No delay or failure on our part to enforce our rights or remedies under these terms and conditions shall impair any such right, power, privilege or remedy or be construed as a waiver thereof.
In the event if we are prevented or delayed in the performance of any or all of our obligations under this Agreement due to an event of force majeure, then we shall be excused such performance, as the case may be, of its said obligations and we shall not be liable to you (whether in damages or otherwise) for such non-performance or delay in performance.
"Force majeure" means any event which is beyond the control of AGRAIN, and includes exceptional weather conditions, floods, droughts, storms, lightning, high winds, typhoons, earthquakes, natural disasters, acts of God, aircrafts or aerial objects, explosion, fire, war, hostilities, insurgencies, terrorisms, civil commotions, riots, strikes or lock-outs on a city or industrial scale, industrial disputes, industrial actions by workmen, shortage of labour, goods, food or materials, breakdown of machinery or tools or systems; and acts or regulations of government and political interferences with the usual operations of AGRAIN.
These terms and conditions will be governed and be interpreted pursuant to the laws of Malaysia, notwithstanding any principles of conflicts of law.
The singular includes the plural and vice versa.