Terms & Conditions

1. Introduction

Welcome to Dr Greenthumb Shop.

The terms and conditions herein outline the rules and regulations for the use of Dr Greenthumb’s website www.drgreenthumb.com.my (‘Website”), jointly or severally operated by Dr Greenthumb Sales, Fastgrow Manufacturing Sdn Bhd and other group company hereafter referred to as “Dr Greenthumb Group” or “Company”.

Dr Greenthumb Sales is located at: 7-3A, Jalan PJU 8/5i, Damansara Perdana, 47820 Petaling Jaya, Selangor, Malaysia

By accessing the Website you are assumed to have accepted these terms and conditions in full. Do not continue to use the Website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements. Customer, You and Your refer to you, the person accessing the Website and accepting the Company’s terms and conditions. The Company, Ourselves, We, Our and Us, refer to our Company. Party, Parties, or Us, refer to both the Customers and ourselves, or either the Customer or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of the Company’s products and services (“Service”), in accordance with and subject to prevailing law of Malaysia.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Communications

By using the Website, you agree to receiving our newsletter, marketing materials and other information that we may send from time to time. However, you may opt to unsubscribe by using the following link or emailing us at sales@drgreenthumb.com.my.

3. Purchases

You may purchase (“Purchase”) any product or service made available on the website. You will be required to supply required information relevant to your Purchase including but not limited to your personal information – identification, billing address, delivery address, financial and/or payment mode details.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (“Promotions”) made available through the Website or Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply provided these terms and conditions remain intact.

5. Refunds & Echange

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party agent services for the purpose of facilitating payment and the completion of Purchase. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is found or suspected.

6. Content & Cookies

Content

Contents found on the Website are the property of the Company all including and/or used by us with permission. You will not distribute, modify, transmit, reuse, download, repost, copy, or use said contents, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Cookies

We employ the use of cookies. By using the Website you consent to the use of cookies in accordance with the Company’s privacy policy. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit.

Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

7. Prohibited Uses

You may use the Website and Service only for lawful purposes and in accordance with Terms. You agree not:

    • In any way violate any applicable national or international law or
    • Exploit, harm, or attempt to exploit or harm minors in any way by exposingthem to inappropriate content or otherwise.
    • To transmit, or procure the sending of, any advertising or promotional material,including any “junk mail”, “chain letter,” “spam,” or any other similarsolicitation.
    • To impersonate or attempt to impersonate Company, a Company employee,another user, or any other person or entity.
    • In any way infringe upon the rights of others, or in any way illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm or offend Company or users of the Website or expose them to liability.

Additionally, you agree not to:

    • Use the Website in any manner that could disable, overburden, damage, or impair Website or interfere with any other party’s use of Website, including their ability to engage in real time activities through Website.
    • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on Website.
    • Use any manual process to monitor or copy any of the material on Website or for any other unauthorized purpose without our prior written consent.
    • Use any device, software, or routine that interferes with the proper working of the Website
    • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Website, the server on which Website is stored, or any server, computer, or database connected to Website
  • Attack the Website via a denial-of-service attack or a distributed denial-of- service.
  • Take any action that may damage or falsify the Company.
  • Otherwise attempt to interfere with the proper working of the Website

8. Analytics

We may analyse the info and data related to the use of the Website and Service and/or may employ third-party service providers to do the same on our behalf.

9. No Use by Minors

The Website is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Website, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions herein. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Website.

10. Intellectual Property & Licenses

Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material on the Website.

All intellectual property rights herein are protected by copyright, trademark, and other laws of and foreign countries and shall remain our exclusive property. Our trademarks shall not be used in connection with any product or service without the prior written consent from us.

You may view and/or print pages from www.drgreenthumb.com.my for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  • Re-publish material from www.drgreenthumb.com.my.
  • Sell, rent or sub-license material from www.drgreenthumb.com.my.
  • Reproduce, duplicate or copy material from www.drgreenthumb.com.my.
  • Redistribute content from the Website unless the content is specifically madeand marked for redistribution.

11. Error Reporting and Feedback

You may provide to us directly at info@drgreenthumb.com.my or via duly authorised third party sites and tools, feedback for errors found, suggestions for improvements, problems, complaints, and other matters related to our Website and Service (“Feedback”).

You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback.

In the event the transfer of the ownership of Feedback is not possible due to applicable mandatory laws, you grant to the Company and its affiliates exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use, including copy, modify, create derivative works, publish, distribute and commercialize Feedback in any manner and for any purpose.

12. Links to Other Web Sites

Our Website may contain links to third party web sites or services that are not owned or controlled by the Company. We are not responsible or liable in any manner for the contents, terms and conditions and practices of the third parties, their web sites and services.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

13. Disclaimer of Warranty

The Website and Service are provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of the Website and Service, their content, and any service or item obtained from us is at your sole risk.

Neither the Company nor person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the services, their content, or any services or items obtained through the Website and Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

14. Limitation of Liability

Except as prohibited by law, you will hold the Company and its directors, employees and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the Company has been previously advised of the possibility of such damage. except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.

15. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16. Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of Malaysia, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions remain in effect. These Terms and Conditions constitute the entire agreement between us regarding the Website and Service and supersede and replace any prior agreements we might have had between us regarding the Website and Service.

17. Changes to Website and Service

We reserve the right to withdraw or amend the Website and Service, and any service or material we provide via the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of Website and Service are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website and Service, or the entire Website and Service to all users including registered users.

18. Amendments to Terms & Conditions

We may amend the Terms and Conditions at any time by posting the amended terms on this site. It is the responsibility of all users to review the Terms and Conditions from time to time.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use the Website and Service after any revisions become effective, you agree to be bound by the revised Terms and Conditions. Otherwise you are no longer authorized to use the Website and Service.

19. Waiver and Severability

Any waiver by the Company of any Terms and Conditions set forth herein shall be strictly specific to the event on without prejudice basis. Any further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms and Conditions will continue in full force and effect.

20. Acknowledgement

By using the Website and Service or other services provided by us, you acknowledge that you have read these Terms and Conditions of service and agreed to be bound by them.

21. Contact Us

We value your feedback, comments and suggestions. Please send them via email at: info@drgreenthumb.com.my.