1.
INTRODUCTION
1.1 Welcome to
the ANDALUSIA FOOD INDUSTRIES SDN BHD
platform (the "Site"). Please read the following Terms of Service
carefully before using this Site or opening a
account ("Account") so that you are aware of your legal rights
and obligations. The "Services" we provide or make available include
(a) the Site, (b) the services provided by the Site , and (c) all information,
linked pages, features, data, text, images, photographs, graphics, music,
sounds, video (including live streams), messages, tags, content, programming,
software, application services (including, without limitation, any mobile
application services) or other materials made available through the Site or its
related services ("Content").
1.2 Before
becoming a User of the Site, you must read and accept all of the terms and
conditions and you must consent to the processing of your personal data as
described in the Privacy Policy linked hereto.
1.3 ANDALUSIA FOOD INDUSTRIES SDN BHD reserves
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.
1.4 ANDALUSIA FOOD INDUSTRIES SDN BHD reserves
the right to refuse to provide you access to the Site or Services or to allow
you to open an Account for any reason.
BY USING THE SITE OR OPENING AN ACCOUNT, YOU GIVE YOUR
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.
IF YOU DO NOT
AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU
ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT
TO THE APPLICABLE LAWS IN MALAYSIA (THE
“LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN
AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS
AGREEMENT.
2.
PRIVACY
2.1 Your privacy
is very important to us. To better protect your rights, we have provided the
privacy policy to explain our privacy practices in detail. Please
review the Privacy Policy to understand how
we collects and uses the information associated with your Account and/or
your use of the Services (the “User Information”). By using the Services or
providing information on the Site, you:
(i) consent to ANDALUSIA
FOOD INDUSTRIES SDN BHD collection, use, disclosure and/or processing of
personal data and User Information as described in the Privacy Policy;
(ii) agree and
acknowledge that the proprietary rights of your User Information are jointly
owned by you and ANDALUSIA FOOD INDUSTRIES SDN BHD and
(iii) shall not,
whether directly or indirectly, disclose your User Information to any third
party, or otherwise allow any third party to access or use your User
Information, without ANDALUSIA FOOD
INDUSTRIES SDN BHD prior written consent.
2.2 You are
welcome to link to the Site from your website, provided that your website does
not imply any endorsement by or association with ANDALUSIA FOOD INDUSTRIES SDN
BHD. You acknowledge that ANDALUSIA FOOD INDUSTRIES SDN BHD may, in its sole
discretion and at any time, discontinue providing the Services, either in part
or as a whole, without notice.
3.
ACCOUNTS AND SECURITY
3.1 Some functions
of our Services require registration for an Account by providing certain personal
information.
3.2 You agree to
(a) keep your password confidential and use only your User ID and password when
logging in, (b) ensure that you log out from your account at the end of each
session on the Site, (c) immediately notify ANDALUSIA FOOD INDUSTRIES SDN BHD
of any unauthorised use of your Account, User ID and/or password, and (d)
ensure that your Account information is accurate and up-to-date. You are fully
responsible for all activities that occur under your User ID and Account even
if such activities or uses were not committed by you. ANDALUSIA FOOD INDUSTRIES
SDN BHD will not be liable for any loss or damage arising from unauthorised use
of your password or your failure to comply with this Section.
3.3 You agree that
ANDALUSIA FOOD INDUSTRIES SDN BHD may for any reason, in its sole discretion
and with or without notice or liability to you or any third party, immediately
suspend, freeze or terminate your Account and your User ID, cancel any
transactions associated with your Account and User ID, and/or take any other
actions that ANDALUSIA FOOD INDUSTRIES SDN BHD deems necessary. Grounds for
such actions may include, but are not limited to, actual or suspected (a)
extended periods of inactivity, (b) illegal, fraudulent, harassing, defamatory,
threatening or abusive behaviour (c) having multiple user accounts, or (d) behaviour that is harmful to other
Users, third parties, or the business interests of ANDALUSIA FOOD INDUSTRIES
SDN BHD. Use of an Account for illegal, fraudulent, harassing, defamatory,
threatening or abusive purposes may be referred to law enforcement authorities
without notice to you. If a legal dispute arises or law enforcement action is
commenced relating to your Account or your use of the Services for any reason, ANDALUSIA
FOOD INDUSTRIES SDN BHD may terminate your Account immediately with or without
notice.
4.
DELIVERY
4.1 ANDALUSIA FOOD INDUSTRIES SDN BHD
will use our best effort to ensure
that Users receives the purchased items
within the time period normally specified by our logistic partners.
4.2 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 ANDALUSIA FOOD INDUSTRIES
SDN BHD will not be liable for any damage, expense, cost or fees resulted
therefrom and ANDALUSIA FOOD INDUSTRIES SDN BHD will reach out to the logistic
service provider to resolve such dispute.
5.
RETURN AND REFUND
5.1 Buyer may
apply for the return of the purchased item and refund, if applicable, subject
to and in accordance with ANDALUSIA FOOD INDUSTRIES SDN BHD Refunds &
Returns Policy
5.2 ANDALUSIA
FOOD INDUSTRIES SDN BHD reserves the right to cancel any transaction on the
Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund paid
into Buyer’s account.
6.
FEEDBACK
6.1 ANDALUSIA FOOD
INDUSTRIES SDN BHD welcomes information and feedback from our Users which will
enable ANDALUSIA FOOD INDUSTRIES SDN BHD to improve the quality of service
provided. Please refer to our feedback procedure below for further information:
(i) Feedback
may be made in writing through email to or using the feedback form found on the
Site.
(ii) Anonymous
feedback will not be accepted.
(iii) Vague
and defamatory feedback will not be entertained.
7.
LINKS TO THIRD PARTY SITES
7.1 Third party
links provided throughout the Site will let you leave this Site. These links
are provided as a courtesy only, and the sites they link to are not under the
control of ANDALUSIA FOOD INDUSTRIES SDN BHD in any manner whatsoever and you
therefore access them at your own risk. ANDALUSIA FOOD INDUSTRIES SDN BHD is in
no manner responsible for the contents of any such linked site or any link
contained within a linked site, including any changes or updates to such sites.
ANDALUSIA FOOD INDUSTRIES SDN BHD is providing these links merely as a
convenience, and the inclusion of any link does not in any way imply or express
affiliation, endorsement or sponsorship by ANDALUSIA FOOD INDUSTRIES SDN BHD of
any linked site and/or any of its content therein.
8.
INDEMNITY
8.1 You agree
to indemnify, defend and hold harmless ANDALUSIA FOOD INDUSTRIES SDN BHD, and
its shareholders, subsidiaries, affiliates, directors, officers, agents,
co-branders or other partners, and employees (collectively, the
"Indemnified Parties") from and against any and all claims, actions,
proceedings, and suits and all related liabilities, damages, settlements,
penalties, fines, costs and expenses (including, without limitation, any other
dispute resolution expenses) incurred by any Indemnified Party arising out of
or relating to: (a) any transaction made on the Site, or any dispute in
relation to such transaction , (b) the hosting, operation, management and/or
administration of the Services by or on behalf of ANDALUSIA FOOD INDUSTRIES SDN
BHD, (c) your violation or breach of any term of these Terms of Service or any
policy or guidelines referenced herein, (d) your use or misuse of the Services.
9.
SEVERABILITY
9.1 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.
10.
GOVERNING LAW
10.1 These
Terms of Service shall be governed by and construed in accordance with the
Malaysian law. Unless otherwise required by applicable laws, any dispute,
controversy, claim or difference of any kind whatsoever shall arising out of or
relating to these Terms of Service against or relating to ANDALUSIA FOOD
INDUSTRIES SDN BHD or any Indemnified Party under these Terms of Service shall
be referred to and finally resolved by arbitration in Kuala Lumpur. There will
be one (1) arbitrator and the language of the arbitration shall be English.
11.
GENERAL PROVISIONS
11.1 ANDALUSIA
FOOD INDUSTRIES SDN BHD reserves all rights not expressly granted herein.
11.2 ANDALUSIA
FOOD INDUSTRIES SDN BHD may modify these Terms of Service at any time by
posting the revised Terms of Service on this Site. Your continued use of this
Site after such changes have been posted shall constitute your acceptance of
such revised Terms of Service.
11.3 The
failure of ANDALUSIA FOOD INDUSTRIES SDN BHD 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.
11.4 If you
have any questions or concerns about these Terms of Service or any issues
raised in these Terms of Service or on the Site, please contacts us at: +6013-2799285
/ +6013-2799286.
I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION
THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” BUTTON DURING REGISTRATION, I
UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE
SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.