Term and Conditions
Zagro Chemicals Sdn Bhd, hosted by platform of Shopify Inc., operates this site. The terms “we”, “us” and “our” used herein may be made in reference to Zagro Chemicals Sdn Bhd (hereinafter referred to as the “Operator”). The use of this site including all information, tools and services by way of viewing or purchasing any of our product and/or services on our site (hereinafter referred to as the “usage”), shall be used in accordance to the terms, conditions, policies and notices herein contained, not limited to any additional terms and conditions and/or policies and usage hereinafter referred and/or introduced and shall at all times include all hyperlink cited thereto (hereinafter referred to as “Terms of Service”), in which shall be deemed applicable and binded by all users of the site including without limitation to browsers, vendors, customers, merchants and/or contributor of content (hereinafter referred to as “Users’).
By proceeding with the usage of the site you shall be deemed to have read the Terms of Service with due care and diligent. In the event that you are not agreeable to any of the terms stipulated herein you shall immediately cease usage altogether, failing which you shall be reasonably presumed to have read and agreed to the Terms of Service thereof.
The Operator shall reserve full rights to make any update, changes or additions to the Terms of Service at any time, the updated, changed and/or added Terms of Services shall be made accessible and viewable through the site. It shall be the sole responsibility of the users to keep informed of the latest version of the Terms of Service herein contained. The act of continuous usage of the site shall constitute acknowledgement and acceptance of the latest version of the Terms of Service.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 - ONLINE STORE TERMS. By the usage of the site, you hereby represent and warrant that you are of sound mind, having, at the date of usage, attained the age of majority, whichever earlier, in your state or province of residence or, in the case of minor, had obtained the necessary consent from your legal guardian to allow the usage of this site. The usage of the site, including the products purchased from the usage, shall not in any way be used in contrary to the Terms of Service and/or used in or for any illegal or unauthorized purpose(s). You shall also be refrained and restricted altogether, in regards to usage of our Service, to use the site in violation of any laws in your jurisdiction, not limiting to the laws of Malaysia, including laws governing intellectual property rights, cybercrimes, including but not limited to hacking, spreading of viruses or worms or code of a destructive nature, information theft and copyright infringement. Should you be found to be in breach or in violation of any of the Terms of Service herein contained the Operator shall have the absolute right to terminate your usage of the site on an immediate basis.
SECTION 2 - GENERAL CONDITIONS. The Operator shall reserve the right to refuse service to any person(s), body, company, organization and/or institution at any time without having to provide any reason whatsoever. The User hereby agree and understand that information obtained or provided, save and expect credit card information, may be made transferable in an unencrypted manner, which may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For the purpose of Credit Card information, the Operator warrants that the information will always be encrypted during transfer over networks. The User shall hereby agrees to, unless prior written permission is properly obtained from the Operator, refrain from reproducing, duplicating, copying, selling, reselling, and/or exploiting any portion of the Service, use of Service, access of Service or through any form of contact on the website in which the Service is rendered.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. The User understands that the information provided for and/or used on the site may vary from its actuality. The Operator shall not be held responsible in the event that the information made available through the site is deemed or found to be inaccurate, incomplete or outdated. The Operator holds that the material on the site is provided for the purpose of general information only and should not be construed to be true or relied upon or used as a basis for making decisions without consulting primarily, more accurate, more complete or more timely sources of information. Any reliance made on the material provided for on this site is made entirely at the User’s own risk. The site may contain certain historical information. Historical information may not necessarily be up to date or similar to that is currently in used and it is understood that the information herein provided for your reference only. The Operator shall reserve the absolute right to make changes, modification, additions and/or amendments toward the contents of this site at any time, without having any obligation whatsoever to update the information on the site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES. The User hereby understands that description, prices and additional information displayed for the products and/or services may be subjected to changes without notice whatsoever. The Operator observe full right ad discretion to modify, change, suspend and/or discontinue any Service and/or Product (or any part or content thereof) on the site without having to give any reason or notice to the User. The Operator shall not herewith be made liable to the User or any affected Party of the changes, modification, suspension and/or discontinuous of the Service or Product rendered herein.
SECTION 5 - PRODUCTS OR SERVICES (if applicable). The User hereby acknowledges that selected Products displayed on the Site may be exclusively available only through the Site, with limited quantities in stock therewith any return or exchange of said Products shall be strictly subjected to the Operator’s Return Policy. The Operator warrants that reasonable effort had been undertaken to ensure the accuracy of the Product displayed in terms of packaging, color and images in reality and what appears on the Site. The Operator however does not in any way give out any guarantee that the User’s monitor and/or device’s may not affect and/or alter the accuracy of the Product’s actual display. The Operator shall reserve full right but not the obligation, on a case-to-case basis, to limit the quantity or sales of the Products and Services to any person, body, or organization, geographic regions and jurisdiction thereof. The Operator does not give out any guarantee and/or undertaking on its part given towards the use and/or expectation of the Products or Services herein provided, whether implied or express, save and except the standard product warranty.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION. In the event of restrictions on purchase or placement of order, the Operator may run check, limit and/or restrict purchase of any or all Products or Services, for orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event of such restriction, change or cancelation to an order, The Operator may attempt to notify the User by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. Such discretion is to be referred, read and/or construed together with Section 5 herein. The User hereby undertake and agree to provide current, complete and accurate purchase and account information for all purchases made at the Site and shall therein promptly update all account and other relevant information, including email address and credit card numbers and expiration dates, to enable the Operator to run checks and thereafter complete the transactions.
SECTION 7 - OPTIONAL TOOLS. The Operator may refer, link and/or suggest the User to a third-party tool which the Operator neither have any control nor input on. The User hereby acknowledge and agree that the access is on an “as is” and “as available” basis without undertaking any warranties, representations, endorsement or conditions of any kind. The Operator shall not be held accountable or hold any liability whatsoever arising out of the use of the third party tools. The use of third party tools offered through the site is entirely at the User’s own risk and discretion. The User shall at all times ensure familiarity and awareness of the terms and condition of use stipulated on the third party tools.
SECTION 8 - THIRD-PARTY LINKS. The Operator hereby observe that certain content, products and services available through our Site may include materials from third-parties. The referred third-party links on the Site may re-direct the User to the third-party websites. It shall be understood that the said third party, unless otherwise expressly mentioned, is not an affiliate of the Operator. The Operator shall not be made responsible for examining or evaluating the content or accuracy of information provided in the third party Site and hereby do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties rendered thereto. The Operator shall not be made liable or accountable for any hard or damages caused in relation to the use or purchase of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The User shall at all times exercise its own care and due diligent in reviewing the third-party's policies and ensure familiarity and awareness of the terms and condition prior to engaging into any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS. The user hereby understands that, at any time, with or without any request from the Operator, the User submits, post, circulate, share and/or use any creative reference, ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (hereinafter collectively referred to as “comments”), the User hereby warrant and agree that the Operator may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any of the comments that is made known and/or obtained by the Operator and/or its affiliates. This section shall also govern contest entry initiated by the Operator. The Operator is under no obligation to (1) to maintain any comments in confidence; (2) to pay compensation for use of any comments; or (3) to respond to any comments. The Operator however may, but without obligation to, monitor, edit or remove content that is deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms of Service. The User hereby agree that any form of comment made shall not be made in violation of third-party’s right, including copyright, trademark, privacy, personality or other personal or proprietary right. The User further agree that the comments shall no contain any libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. The User hereby warrant that the User shall not, at any time, use a false e‑mail address, pretend to be someone other than it/him/her-self, or otherwise mislead the Operator or third-parties as to the origin of any comments. The User shall be solely responsible for any comments the User make and their accuracy thereof. The Operator shall take no responsibility and hereby assume no liability for any comments posted by the User or any third-party therein.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS. The Operator hereby acknowledge that information on the Site may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Operator shall reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, even after the submission of orders had been made. The Operator shall not be obliged to update, amend or clarify information in the Service or on any related website, even with the knowledge of the typographical error, including without limitation, pricing information, except as required by law. The User hereby notified that no specified update or refresh date applied or displayed in the Site or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES. In addition to other prohibitions set forth in the Terms of Service, the User are hereby prohibited from using the site or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, to infringe upon or violate the Operator’s intellectual property rights or the intellectual property rights of others, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, to submit false or misleading information, to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet, to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, crawl, or scrape, for any obscene or immoral purpose or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. The Operator hereby shall reserve the right to terminate the use of Service or any related website if the User is found to be in violation of any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. The Operator hereby do not guarantee, represent or warrant that use of the Site will be uninterrupted, timely, secure or error-free. The Operator does not warrant the results that may be obtained from the use of the service will be accurate or reliable. The User shall hereby and herein agree that from time to time the Operator may remove the service for an indefinite periods of time or cancel the service at any time, without giving reason and/or notice to the User. The User expressly agree that the usage of, or inability to use, the service is at its/his/her sole risk. The service and all products and services delivered to the User through the Site are (except as expressly stated by the Operator) provided 'as is' and 'as available' for such usage, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Zagro Chemicals Sdn Bhd and/or its affiliates including but not limited to its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the usage of any of the service or any products procured using the service, or for any other claim related in any way to the usage of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION. The User hereby undertake to keep the Operator indemnified and therewith shall defend and hold the Operator and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. This Terms of Service is applicable and made effective upon the usage of the Site, Product and Service and shall remain in force so long as the usage persist. No reservation to any of its terms shall be made unless otherwise expressly granted by the Operator.
SECTION 17 - ENTIRE AGREEMENT. The failure of the Operator to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and any policies or operating rules posted by the Operator on this site or in respect to the Service constitutes the entire agreement and understanding between the User and the Operator and shall govern the usage hereof, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the User and the Operator (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the interest of the drafting party. For the avoidance of any doubt, the drafting party shall be the Operator.
SECTION 18 - GOVERNING LAW. This Term of Service and any separate agreements, which the Operator provides from time to time pertaining to the usage of the Service and/or Products shall be governed by and construed in accordance with the laws of Malaysia.
SECTION 19 - CHANGES TO TERMS OF SERVICE. Save and expect to what has been expressly stated herein, any changes made to the Terms of Service of the Site may be made reviewable at the Site from time to time.
The Operator reserve the right, at its absolute discretion, to update, change or replace any part of the Terms of Service by posting updates and changes to the Operator Site and/or official website. It shall be the User’s responsibility to check the Site and/or website periodically for any changes whatsoever. The continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION. Questions about the Terms of Service should be sent to us at email@example.com.