GENERAL TERMS AND CONDITIONS AG NUTRITION (“T&Cs”)
Accesses to and use of the www.agnutritioninternational.com (“Website”) and the products and services available through this Website are subject to the following Definitions and T & Cs.
Acknowledgement & Acceptance of T & Cs
These T &Cs currently apply but may be amended, varied, replaced or edited from time to time by AG Nutrition. Please read these T & Cs carefully before you use the Website. By using the Website, you expressly agree to be bound by these T & Cs as they now are or amended, varied, replaced or edited from time to time and acknowledge that you have read, understood and accepted them. However, if after having read these T & Cs and you do not agree with them you must discontinue your visit and/or use of the Website.
Intended Use
This Website is a business and commercial site, and therefore is not intended for persons under the age of 18. If you are under 18, you should speak to your parents, your guardian, or a responsible adult and obtain their permission to visit and/or use this Website. AG Nutrition shall not be liable for any visit and/or use this Website by persons under the age of 18.
Disclaimer and Limitation of Liability
The information, materials and services contained on this Website are provided to you on a “as is”, and “as available” basis. We do not warrant or guarantee the accuracy or completeness of this information, statements, contents or materials, and expressly disclaim any liability for any errors, omissions and/or inaccuracies in this information, statements, contents and materials. AG Nutrition shall endeavor its best but is not obliged to correct any inaccuracies, errors, omissions or typographical errors in the information posted to this Website, and such information including information on pricing and availability of goods may be changed, amended or updated without notice.
To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory. In addition, we do not warrant, guarantee or make any representation regarding the security of Members accounts or that this Website is free form destructive material, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or make any representations that access to this Website will be fully accessible at all times, uninterrupted, or error-free.
To the maximum extent permitted by law, we disclaim liability for any damages including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with:
use of this Website, or inability to see this Website by any party/person; or
any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.
In the event that any provision(s) contained in these T & Cs is held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of the terms which shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had never existed. AG Nutrition’s failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any terms, provision or right.
Copyright
Unless otherwise indicated, all Website design, text and graphics is copyright of AG Nutrition. All Rights reserved. Except as stated herein, none of the materials may be copied, downloaded, displayed, posted, transmitted, used or reproduced in whole or part in any form or by any means for any purposes unless such use is permitted by AG Nutrition.
Intellectual Property
All trade names, domain names, brand names, trade symbols, logos, slogans, trademarks or services marks consisting of the name “AG NUTRITION”, “AG Cera”, “AG Drink” and whether followed with an asterisk (*) or TM are trademarks or proprietary interests of AG Nutrition including all copyright mentioned above (and future copyright) and rights in the nature of or analogous to copyright, know-how, technology, processes, compositions of matter and formulas, inventions, patents and patent applications, trade secrets and all other proprietary rights of the products/services/marketing. There are other trade names, brand names, trade symbols, logos, slogans, trademarks, service marks, brand names, company names, logos, slogan, trademarks or service marks indicated on this Website that are the property of their respective owners.
Member shall promptly notify AG Nutrition of any actual, threatened or suspected infringement in the Territory of any AG Nutrition Intellectual Property which comes to Member’s notice and any claims by any third party so coming to its notice, and Member shall at the request and expense of AG Nutrition do all such things as may be reasonably required to assist AG Nutrition in taking or resisting any proceedings in relation to such infringement or claim.
Member shall not (i) attempt to obtain title to the AG Nutrition Intellectual Property or any other marks confusingly similar thereto, or (ii) use the AG Nutrition Intellectual Property or any combination of words containing the AG Nutrition Intellectual Property or any other marks confusingly similar thereto as part of its firm, corporate or business name. Country Agency shall not use the AG Nutrition Intellectual Property in any way except in connection with its purchase and resale of the products in the corresponding country/territory. Any AG Nutrition Intellectual Property used by Member shall remain the exclusive property of AG Nutrition and any such use shall inure to the benefit of AG Nutrition. Any rights to the AG Nutrition Intellectual Property acquired by Member within the corresponding country/territory shall be assigned to AG Nutrition promptly and without necessity of it making a request for the same.
Member shall not acquire nor have any rights in and to the goodwill associated with the products, services and Member hereby acknowledges that it shall not acquire any rights in respect thereof and that all such goodwill are and shall at all times remain vested in AG Nutrition.
Member Registration Obligation
You shall:-
Provide true, accurate, current and complete information about yourself as prompted by the registration form.
Maintain and promptly update the registration data to keep it true, accurate, current & complete.
All Members must use a confidential password, which you will need, together with the security PIN number that AG Nutrition will assign to you in order to log on to the password protected areas of this Website (“Identifiers”). You shall maintain the confidentiality of any identification number, PIN or password provided. You shall immediately notify AG Nutrition of any unauthorized use of these Identifiers, or any other breach of security. You are fully responsible for all activities that occur under these Identifiers. AG Nutrition is not responsible for any misuse of your account by someone who uses your Identifiers.
Submissions
Any material, information or ideas you transmit on this Website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by AG Nutrition or its related and affiliated companies for any purposes whatsoever, including, but not limited to, reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to AG Nutrition will be handled in accordance with AG Nutrition’s Privacy Policy.
Security
We understand that shopping/purchasing on the internet security is of paramount importance to you. We guarantee that all reasonable precautions to protect your transactions have been taken so that you can have as safe and secure a shopping experience as can be reasonably provided.
When you place orders on this Website, your transactions are encrypted using Secure Sockets Layer (SSL) encryption technology. Encryption scrambles the information transmitted across the Internet, including names and address. SSL also verifies the identity of the server and confirms that the original message arrives safely at its destination.
Links
This Website may contain numerous links to other internet sites including, without limitation, i.e. other affiliation sites and sites that may provide advice or other goods and services which are operated by third party vendors. The provision of the links does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through the associated websites. By utilizing these links, you acknowledged and agreed that we are not responsible for the actions, contents, accuracy, privacy, policies, opinions expressed, services provided, goods sold, or other links provided by these websites. You further acknowledged and agreed that we are not responsible either directly or indirectly for any damage, loss, liability and/or claim caused by use of or reliance on linked websites. Should you have any questions regarding these websites, you should address them directly with the relevant website administrator.
Cookies on AG Nutrition’s Website
A cookie is a small text file that may be used by the Website to help identify you. On this Website, it uses cookies for two things: personalization and authentication. In other words, to help you customize your Web experience and to verify whom you are. It is important to note that our cookies are safe.
Termination
You agree that AG Nutrition, in its sole discretion, may terminate your password (Identifiers), account (or any other part thereof) or use of the service, and remove and discard any content within, for any reason, including, without limitation, for lack of use or if AG Nutrition believes that you have violated or acted inconsistently with the spirit of these T & Cs.
Dispute Resolution
Any dispute arising in connection with these T & Cs or in connection with the use of this Website which cannot be resolved by good faith negotiations shall be referred to arbitration in accordance with the Arbitration Act 1952. The appointing authority shall be the Director of the Regional Centre for Arbitration Kuala Lumpur. The arbitration shall be held at Regional Centre for Arbitration Kuala Lumpur. The number of arbitrators shall be one. The language to be used in the arbitration shall be English. The decision of the arbitration shall be binding and final.
No Unlawful or Prohibited Use
As condition of your use of this Website, you will comply with all applicable laws, statutes, ordinance and regulations regarding your use of our service, product and any related activities for/relating to AG Nutrition Business. In addition, you warrant that you will not use this Website for any purposes that is unlawful or prohibited in law or by these terms, conditions and notices.
You agree:
Not to upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive if another’s’ privacy, hateful, or racially, ethnically or otherwise objectionable;
Not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Not to collect or store personal data about other users;
Not to interfere with or disrupt the service or services or networks connected to the service, or disobey any requirements, procedures, policies or regulations of the networks connected to the service.
Governing Law
All matters and issues relating to the use or interpretation of these T & Cs shall be governed by the Malaysian laws.