Terms Of Use.
The duriangaliestate.com website (the “Website”) is provided as a service to visitors and purchasers for the sale of durian by Gali Estate, which is owned by AYER HOLDINGS BERHAD(“AYER”). These Terms of Use (“Terms”) describe the terms and conditions applicable to your access and use of the Website. By using this Website or accessing any content available through the Website, you agree to accept the Terms herein. AYER may revise these Terms at any time by posting the revised Terms on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes.
1. Proprietary Rights
The Website and the content are the sole and exclusive property of AYER . You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the content other than as expressly authorized by AYER in writing. You hereby acknowledge and agree that, as between AYER and you, all right, title, and interest in and to the Website and the content shall be owned exclusively by AYER. Use of the Website or the Content in any way not expressly permitted by this Term is prohibited.
2. Permitted Uses
So long as you agree and comply with these Terms, you agree that you will not remove or modify any acknowledgements, credits or products details contained on the Website or in its content.
3. Account, Password and Security
You may need to register an account to access certain functions or services on this Website. You accept full responsibility for protecting the confidentiality of your account information, including your password. You accept full responsibility for any and all actions that occur on or against your account in the event that you fail to maintain the security and confidentiality of such information.
If you believe that your account has been compromised, you must immediately contact us by mail at [email protected]. You agree to indemnify and hold AYER, its subsidiaries, associates, affiliates, directors, agents and employees harmless against losses incurred by you or another party due to someone else using your account as a result of your failure to use reasonable care in safeguarding your password.
4. Payment
Payments are to be made online and will be processed by senangPay. AYER reserves the right to provide other payment methods or to no longer offer certain payment methods.
5. Additional Restrictions
You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it.
6. Privacy Policy
This Website is subject to AYER’s Privacy Policy, the details of which can be viewed by selecting "Privacy Policy" in the bar at the bottom of web pages on this Website.
It should be noted that the network link and data transmitted between yourself and this Website are neither completely safe nor confidential, and it is possible that information and data you send to this Website could be intercepted by others. AYER is unable to guarantee the security and confidentiality of the network link and data transmitted between yourself and this Website.
7. Data Processing and Disclosure
Without prejudice to anything in the Privacy Policy, by placing an order, you confirm that you authorize, agree and consent to AYER collecting, using, disclosing and/or processing personal data about you (whether provided by you before, during or after placement of the order, or that AYER otherwise possesses about you) for the following purposes:
a. facilitating, processing, dealing with, administering, managing such order and payment for such order and any subsequent order that you may place;
b. carrying out due diligence and other screening activities, or to prevent or investigate any fraud or breach of contract or unlawful activity, or complying with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction;
c. conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to enhance AYER’s products, services and/or operations, and/or otherwise for AYER’s business operations and purposes;
d. storing, hosting, backing up (whether for disaster recovery or otherwise) of such personal data, whether within or outside Malaysia (collectively, "Purposes"). AYER may disclose personal data about you to its affiliates and/or third-party service providers and/or agents ("Representatives"), who perform certain functions for AYER in connection with the Purposes, so long as disclosure is necessary to enable such Representatives to perform the said functions. The Representatives may be located within or outside Malaysia. In this regard, you hereby acknowledge, agree and consent that the said Representatives may, to the extent necessary to perform the said function, collect, use, disclose, process and/or store your personal data.
8. Reservation of Rights
AYER reserves the right to perform the following actions at any time without giving notice:
a. Suspend or terminate operation of, or access to, all or part of this Website at any time, irrespective of the reason.
b. Fix or alter all or part of the Content of this Website as well as any applicable policies, terms, or clauses.
c. Suspend operation of all or part of the Website for the purposes of maintenance, alteration of errors, or other such changes at regular or irregular intervals.
9. Force Majeure
If AYER is prevented or delayed in the performance of any or all of its obligations under this Terms due to an event of force majeure, then AYER shall be excused performance or the punctual performance, as the case may be, of its said obligations and AYER 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 AYER , and includes exceptional weather conditions, floods, droughts, storms, lightning, high winds, typhoons, earthquakes, natural disasters, acts of God, pandemic, 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, and acts or regulations of government and political interferences with the usual operations of AYER.
10. Links to Other Sites
The Website may contain links to websites operated by other parties. AYER provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of AYER, and AYER is not responsible for the content available on the other sites. Such links do not imply AYER’s endorsement of information or material on any other site and AYER disclaims all liability with regard to your access to and use of such linked websites.
11. Links to duriangaliestate.com
Unless otherwise set forth in a written agreement between you and AYER, you must adhere to AYER’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with AYER ’s name and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Gali Estate and/or AYER; (iii) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website; and (iv) AYER reserves the right to revoke its consent to the link at any time and in its sole discretion.
12. Trademarks
‘GALI ESTATE PREMIUM DURIANS’ is a registered trademark that is owned by AYER. Any unauthorized use of any AYER trademark, service mark or logo are prohibited, and may be a violation of federal and state trademark laws.
13. Disclaimers and Limitation of Liability
a. The Website and all content on the Website are provided to you on an “AS IS” “AS AVAILABLE” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. AYER makes no warranty as to the accuracy, completeness or reliability of any content available through the Website. You are responsible for verifying any information before relying on it. Use of the Website and the content available on the Website is at your sole risk.
b. AYER makes no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses or other harmful code.
c. To the maximum extent permitted by law, AYER disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, the content, or the goods offered or sold through the Website, even if AYER has been advised of the possibility of such damages.
14. Indemnity
You agree to indemnify and keep indemnified AYER, its subsidiaries, associates, affiliates, directors, agents and employees to the fullest including any legal costs incurred against all losses, claims, actions or proceedings whatsoever arising out of your use of the Website and/or breach of this Terms. AYER shall not in any manner whatsoever be responsible for any of your damages or loss.
15. No Guarantees or Warranties
Except as expressly provided in this Terms, AYER does not make any guarantees or warranties of any kind, expressed or implied. AYER specifically disclaims all implied warranties of any kind or nature, including any implied warranty of merchantability and/or any implied warranty of fitness for a particular purpose.
16. Copyright
The Website is protected by the copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without AYER ’s express prior written permission.
17. Choice of Law and Forum
These Terms shall be governed by, and will be construed under, Malaysian law, notwithstanding that it is or may be accessible or viewed in any other jurisdiction, and you irrevocably agree to the exclusive jurisdiction by the Malaysian Courts, to settle any dispute which may arise out of, under, or in connection with this Terms. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS TERMS OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.
18. Miscellaneous
a. If any provision of these Terms is held to be illegal, invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force.
b. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
c. AYER’s failure to act with respect to any failure by you or others to comply with the Terms does not waive AYER ’s right to act with respect to subsequent or similar failures.
d. The Terms set forth the entire understanding and agreement between you and AYER with respect to the subject matter hereof.
e. Any cause of action or claim you may have with respect to this Terms or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
f. You may not assign or transfer your rights or obligations under this Terms without the prior written consent of AYER and any assignment or transfer in violation of this provision shall be null and void.
g. AYER reserves the right to seek all remedies available at law and in equity for violations of this Terms and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
19. Contact
If you have any questions about these Terms, please contact us at +603 8068 3388 or e-mail to [email protected]