Term & Condition
This Agreement provides the terms and conditions under which AgriBazaar.com.my (AgriBazaar2.0), offers its e-marketplace service (the "Service") to you through its portal located at http://www.agribazaar.com.my (the "Portal"). Your use of the Service as a user ("User") constitutes your agreement to all such terms and conditions herein. AgriBazaar 2.0 reserves the right in its sole discretion and without notice to amend or modify the terms and conditions under which the Service is being offered to you in the manner described below.
1. USE AND ACCESS
The Service is intended for User's use only. Access to and use of the Service is through a combination of a User Name and Password. You may not access the Service using the name or password of any other party. Unauthorized access to the Service, or to the telecommunications or computer facilities used to deliver such service, is a material breach of this Agreement and may be a violation of law. User assumes all responsibility for any claim, demand or damage resulting from another party obtaining his, her or its password. User shall not attempt to modify, decompile, reverse engineer or otherwise attempt to gain access to any technology or source code underlying the Service. By using the Service you represent and warrant that you are authorized to form legally binding contracts under applicable law and that the information you provide is accurate, current and complete. If you do not qualify, please do not use the Service. We reserve the right at our sole discretion to refuse the Service to anyone at any time. We also reserve the right to restrict your access to parts or all of the Portal or Service without notice or liability. You understand that all information provided will be maintained by AgriBazaar 2.0 as confidential per the terms of our standard privacy policy, as published on the Portal. You grant AgriBazaar 2.0 an irrevocable, royalty-free, global license to use information provided by you in the execution of its Service and, from time to time, in the media, free from any copyrights, trademarks, or any other proprietary rights, in connection with the Portal and Service. You understand that you are solely responsible for providing accurate and complete information and that, failure to do so, may result in actions taken against you for misrepresentation or fraud by AgriBazaar 2.0 or other Users. Users who fail to abide by the following rules are subject to expulsion from the Portal and legal action.
2. RELEASE AND INDEMNIFICATION
AgriBazaar 2.0 is merely a venue for registered Users to buy, sell, search and obtain information about agriculture products and services. AgriBazaar 2.0 does not guarantee the quality of the agriculture products and services displayed on its Portal and do not guarantee the accuracy of the information provided in the description of the agriculture services displayed on its Portal. Users are encouraged to perform their own review of the quality of the agriculture products and services displayed. In the event that you have a dispute with another User you hereby release and hold harmless AgriBazaar 2.0, its subsidiaries, affiliates, directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Additionally, you hereby agree to indemnify and hold harmless AgriBazaar 2.0, its subsidiaries, affiliates, directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Service, the Portal, this Agreement, your violation of any law or the rights of a third party.
3. SUPERVISION
AgriBazaar 2.0 reserves the right to supervise all material, content and information on its Portal, including, but not limited to descriptions of and comments about agriculture products or services, to determine compliance with the terms and conditions of this Agreement and all current and future operating procedures and rules of conduct established by AgriBazaar 2.0. AgriBazaar 2.0 reserves the right, in its sole discretion, to amend, edit, remove or otherwise block any material posted by a User which may violate any state, federal or local law or violate any aspect of this Agreement, or which AgriBazaar 2.0, in its sole discretion, deems obscene, derogatory, abusive, threatening, discriminatory with respect to race or gender, or otherwise disagreeable. However, AgriBazaar 2.0 does not assume responsibility for reviewing or verifying the material, content and information on its Portal and is not responsible for any damages, losses, expenses or other injuries incurred by any User as a result of relying on any material, content and information posted on the Portal.
4. MODIFICATION AND MAINTENANCE
AgriBazaar 2.0 reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Service or Portal, including, but not limited to, content, features or hours of availability. AgriBazaar 2.0 may impose limits on certain features of the Service or Portal or restrict your access to part or all of the Service or the Portal without notice or liability. AgriBazaar 2.0 will make all reasonable efforts to make the Portal available at all times, however, AgriBazaar 2.0 cannot and does not guarantee that the Portal will be operative at all times. User acknowledges and agrees that the Portal may be inoperative from time to time due to scheduled or unscheduled maintenance or circumstances beyond AgriBazaar 2.0's control and therefore agrees to waive, release and hold AgriBazaar 2.0 harmless from any losses, costs or damages arising from or related to any interruption in service of the Portal.
5. USER CONDUCT AND BEHAVIOR
Users, who use the Services and Portal represent, warrant and agree that they will not:
(i) Falsify or misrepresent any personal or business information regarding their identity or intentions with respect to any matter;
(ii) Post, publish, transmit, distribute, or upload any information through or link directly or indirectly any information to the Portal that AgriBazaar 2.0, in its sole discretion, deems unlawful, obscene, derogatory, abusive, threatening, discriminatory with respect to race or gender, or is otherwise disagreeable;
(iii) Post, publish, transmit, distribute, or upload any information through or link directly or indirectly any information to the Portal that contains a virus, Trojan horse, worms, time bombs, cancelbots, or any other harmful software code or programming routine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system data or personal information;
(iv) Post, publish, transmit, distribute, or upload any information through or link directly or indirectly any information to the Portal that is unlawful, fraudulent, or otherwise disagreeable, including without limitation, any information, communication or transmission that constitutes or supports the commission of any illegal activity or any violation of local, state, national or foreign law, statute, ordinance or regulation (including without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(v) Post, publish, transmit, distribute, or upload any information through or link directly or indirectly any information to the Portal that violates any copyright, trademark or any other proprietary intellectual property rights of others, unless the User has obtained permission from such owner and such action would not violate any of the above rights in such property;
(vi) Post, publish, transmit, distribute, or upload through or link directly or indirectly any information to the Portal any bulk e-mail solicitations, chain letters, solicitations, advertisements, pyramid schemes or any other unsolicited communication, including without limitation, spamming Users;
(vii) Use, reproduce, distribute, publish or communicate any information obtained from the Portal for any commercial reason, unless such activity has been expressly approved in writing by AgriBazaar 2.0; or (viii) Create liability for AgriBazaar 2.0 or cause AgriBazaar 2.0 to lose (in whole or in part) the services of AgriBazaar 2.0's ISPs or other suppliers.
6. USE LIMITATIONS
a. Ownership rights. AgriBazaar 2.0 (and our partners) retain all of our rights of ownership in our services and Portal, as well as all data, information (including software) and graphics that are available on or through our Portal ("AgriBazaar 2.0 Content"), including but not limited to all copyright, trademark and other intellectual and proprietary rights therein, subject to the rights of Users in their information and trademarks.
b. Use limitations. User is not authorized and User agrees not to copy, sell, aggregate, or exploit for any commercial purpose our services or content or to provide access to our services by other parties. User agrees not to reverse engineer, de-compile, or otherwise attempt to derive source codes from any software accessible through the Portal. User further agrees to submit or accept information only from or through User's own AgriBazaar 2.0 account.
c. Passwords and security. User agrees at all times to maintain the confidentiality of User's user name and password. If a User is a corporation, partnership or other legal entity, then its employees may be authorized to use its name and password, provided that the legal entity will be responsible for all activity and all charges by such employees. Permitting a third party to use AgriBazaar 2.0's services through User's account is prohibited and is a violation of this Agreement. If there is a breach of security through User's account, User must immediately change User's password and notify AgriBazaar 2.0 of the security breach by email at mimos.agribazaar@gmail.com. User will be liable for any unauthorized use of AgriBazaar 2.0's services until User notifies AgriBazaar 2.0 of the security breach.
d. Other Users' information. By using AgriBazaar 2.0's services, User will have access not only to AgriBazaar 2.0 content, but also may have access to certain information that other Users have provided to AgriBazaar 2.0. This Agreement and applicable laws (including laws regarding confidential information, trade secrets and other proprietary rights) govern use of this information. User may use this information only for investigating the possibility of purchasing the other Users' agriculture products or services. User agrees not to use any information provided by other Users for direct marketing or other sales contacts outside of the AgriBazaar 2.0 service.
7. TAXES
Users acknowledge and agree that AgriBazaar 2.0 does not have any responsibility to report, calculate, determine or anticipate the payment of any taxes which may be assessed or owed by any User in connection with the use of the Portal and Service or User's purchase of any agriculture product or service. Users understand and agree that they are solely responsible for the calculation and payment of any taxes which may be incurred as a result of using the Portal and Service or purchasing agriculture products or services.
8. NO AGENCY
The relationship between User and AgriBazaar 2.0 is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by the terms and conditions of this Agreement.
9. NOTICES
All notices under this Agreement shall be provided to User via email to the email address provided by User on its registration form. Notices to AgriBazaar 2.0 should be delivered via email to support@AgriBazaar.com.my. User hereby consents to being contacted by AgriBazaar 2.0 from time to time in connection with new services, updates, promotions, etc.
10. TERMINATION
The terms and conditions of this Agreement constitute a binding agreement between AgriBazaar 2.0 and each User until terminated by the User or AgriBazaar 2.0. AgriBazaar 2.0 may at any time, in its sole discretion, terminate a User's access to the Portal and Service. Users may discontinue their use of the Portal and Service at any time and notify AgriBazaar 2.0 of termination of their status as a registered User.
11. DISCLAIMER OF WARRANTIES
AGRIBAZAAR 2.0 PROVIDES THE PORTAL AND SERVICE "AS IS" AND DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IN CONNECTION WITH ANY PRODUCT OR SERVICE LISTED, PURCHASED OR SOLD THROUGH ITS PORTAL AND SERVICE. NO ADVICE, INSTRUCTIONS OR INFORMATIOIN RECEIVED BY A USER, WHETHER ORALLY OR IN WRITING, FROM AGRIBAZAAR 2.0 SHALL CREATE ANY IMPLIED WARRANTY. USERS ARE INSTRUCTED TO USE THE PORTAL AND SERVICE AT THEIR OWN RISK. AGRIBAZAAR 2.0 MAKES NO WARRANTY THAT
(I) AGRIBAZAAR 2.0'S SERVICES WILL MEET USER'S REQUIREMENTS,
(II) AGRIBAZAAR 2.0'S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AGRIBAZAAR 2.0'S SERVICES WILL BE ACCURATE OR RELIABLE,
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH AGRIBAZAAR 2.0'S SERVICES WILL MEET USER'S EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE AGRIBAZAAR 2.0 USES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM AGRIBAZAAR 2.0 OR THROUGH AGRIBAZAAR 2.0'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL AGRIBAZAAR 2.0 OR AGRIBAZAAR 2.0'S PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE PORTAL OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
13. DISPUTE RESOLUTIONS
Any controversy or claim arising out of or relating to this Agreement or the Service shall be resolved by a Malaysian Court of competent jurisdiction in accordance with Malaysian law and User submits to the jurisdiction of such courts for this purpose.
14. OWNERSHIP
AgriBazaar 2.0 shall retain all right, title and interest in and to the Portal and Service, including all intellectual property rights therein and thereto. User acknowledges that AgriBazaar 2.0 may compile aggregate data related to User's use of the Portal and Service and that AgriBazaar 2.0 may use, reproduce and make commercially available to third parties such aggregate data. Such aggregate data shall be the property of AgriBazaar 2.0 and can be used without notice to or approval of User.
15. MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein, and supersedes any and all prior agreements between AgriBazaar 2.0 and User. The failure to enforce any provision of this Agreement will not result in a waiver of any rights either party may have under this Agreement. If any provision of this Agreement is held to be unenforceable, it will be enforced to the maximum extent permissible and the remainder of this Agreement shall continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. AgriBazaar 2.0's failure to act with respect to a breach by you or other Users does not waive our right to act with respect to subsequent or similar breaches. AgriBazaar 2.0 will not be liable for any delay or failure associated with the government or war, etc.
16. AMENDMENT
AgriBazaar 2.0 reserves the right from time to time to amend the provisions of this Agreement. AgriBazaar 2.0 will notify User of these amendments by posting them on the Portal in the same location that the amended document then resides. Any such amendment is effective as soon as notice is given. In any event, it will be User's responsibility to monitor AgriBazaar 2.0's Portal for notices of amendments that we may post from time to time.
1. USE AND ACCESS
The Service is intended for User's use only. Access to and use of the Service is through a combination of a User Name and Password. You may not access the Service using the name or password of any other party. Unauthorized access to the Service, or to the telecommunications or computer facilities used to deliver such service, is a material breach of this Agreement and may be a violation of law. User assumes all responsibility for any claim, demand or damage resulting from another party obtaining his, her or its password. User shall not attempt to modify, decompile, reverse engineer or otherwise attempt to gain access to any technology or source code underlying the Service. By using the Service you represent and warrant that you are authorized to form legally binding contracts under applicable law and that the information you provide is accurate, current and complete. If you do not qualify, please do not use the Service. We reserve the right at our sole discretion to refuse the Service to anyone at any time. We also reserve the right to restrict your access to parts or all of the Portal or Service without notice or liability. You understand that all information provided will be maintained by AgriBazaar 2.0 as confidential per the terms of our standard privacy policy, as published on the Portal. You grant AgriBazaar 2.0 an irrevocable, royalty-free, global license to use information provided by you in the execution of its Service and, from time to time, in the media, free from any copyrights, trademarks, or any other proprietary rights, in connection with the Portal and Service. You understand that you are solely responsible for providing accurate and complete information and that, failure to do so, may result in actions taken against you for misrepresentation or fraud by AgriBazaar 2.0 or other Users. Users who fail to abide by the following rules are subject to expulsion from the Portal and legal action.
2. RELEASE AND INDEMNIFICATION
AgriBazaar 2.0 is merely a venue for registered Users to buy, sell, search and obtain information about agriculture products and services. AgriBazaar 2.0 does not guarantee the quality of the agriculture products and services displayed on its Portal and do not guarantee the accuracy of the information provided in the description of the agriculture services displayed on its Portal. Users are encouraged to perform their own review of the quality of the agriculture products and services displayed. In the event that you have a dispute with another User you hereby release and hold harmless AgriBazaar 2.0, its subsidiaries, affiliates, directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Additionally, you hereby agree to indemnify and hold harmless AgriBazaar 2.0, its subsidiaries, affiliates, directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Service, the Portal, this Agreement, your violation of any law or the rights of a third party.
3. SUPERVISION
AgriBazaar 2.0 reserves the right to supervise all material, content and information on its Portal, including, but not limited to descriptions of and comments about agriculture products or services, to determine compliance with the terms and conditions of this Agreement and all current and future operating procedures and rules of conduct established by AgriBazaar 2.0. AgriBazaar 2.0 reserves the right, in its sole discretion, to amend, edit, remove or otherwise block any material posted by a User which may violate any state, federal or local law or violate any aspect of this Agreement, or which AgriBazaar 2.0, in its sole discretion, deems obscene, derogatory, abusive, threatening, discriminatory with respect to race or gender, or otherwise disagreeable. However, AgriBazaar 2.0 does not assume responsibility for reviewing or verifying the material, content and information on its Portal and is not responsible for any damages, losses, expenses or other injuries incurred by any User as a result of relying on any material, content and information posted on the Portal.
4. MODIFICATION AND MAINTENANCE
AgriBazaar 2.0 reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Service or Portal, including, but not limited to, content, features or hours of availability. AgriBazaar 2.0 may impose limits on certain features of the Service or Portal or restrict your access to part or all of the Service or the Portal without notice or liability. AgriBazaar 2.0 will make all reasonable efforts to make the Portal available at all times, however, AgriBazaar 2.0 cannot and does not guarantee that the Portal will be operative at all times. User acknowledges and agrees that the Portal may be inoperative from time to time due to scheduled or unscheduled maintenance or circumstances beyond AgriBazaar 2.0's control and therefore agrees to waive, release and hold AgriBazaar 2.0 harmless from any losses, costs or damages arising from or related to any interruption in service of the Portal.
5. USER CONDUCT AND BEHAVIOR
Users, who use the Services and Portal represent, warrant and agree that they will not:
(i) Falsify or misrepresent any personal or business information regarding their identity or intentions with respect to any matter;
(ii) Post, publish, transmit, distribute, or upload any information through or link directly or indirectly any information to the Portal that AgriBazaar 2.0, in its sole discretion, deems unlawful, obscene, derogatory, abusive, threatening, discriminatory with respect to race or gender, or is otherwise disagreeable;
(iii) Post, publish, transmit, distribute, or upload any information through or link directly or indirectly any information to the Portal that contains a virus, Trojan horse, worms, time bombs, cancelbots, or any other harmful software code or programming routine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system data or personal information;
(iv) Post, publish, transmit, distribute, or upload any information through or link directly or indirectly any information to the Portal that is unlawful, fraudulent, or otherwise disagreeable, including without limitation, any information, communication or transmission that constitutes or supports the commission of any illegal activity or any violation of local, state, national or foreign law, statute, ordinance or regulation (including without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(v) Post, publish, transmit, distribute, or upload any information through or link directly or indirectly any information to the Portal that violates any copyright, trademark or any other proprietary intellectual property rights of others, unless the User has obtained permission from such owner and such action would not violate any of the above rights in such property;
(vi) Post, publish, transmit, distribute, or upload through or link directly or indirectly any information to the Portal any bulk e-mail solicitations, chain letters, solicitations, advertisements, pyramid schemes or any other unsolicited communication, including without limitation, spamming Users;
(vii) Use, reproduce, distribute, publish or communicate any information obtained from the Portal for any commercial reason, unless such activity has been expressly approved in writing by AgriBazaar 2.0; or (viii) Create liability for AgriBazaar 2.0 or cause AgriBazaar 2.0 to lose (in whole or in part) the services of AgriBazaar 2.0's ISPs or other suppliers.
6. USE LIMITATIONS
a. Ownership rights. AgriBazaar 2.0 (and our partners) retain all of our rights of ownership in our services and Portal, as well as all data, information (including software) and graphics that are available on or through our Portal ("AgriBazaar 2.0 Content"), including but not limited to all copyright, trademark and other intellectual and proprietary rights therein, subject to the rights of Users in their information and trademarks.
b. Use limitations. User is not authorized and User agrees not to copy, sell, aggregate, or exploit for any commercial purpose our services or content or to provide access to our services by other parties. User agrees not to reverse engineer, de-compile, or otherwise attempt to derive source codes from any software accessible through the Portal. User further agrees to submit or accept information only from or through User's own AgriBazaar 2.0 account.
c. Passwords and security. User agrees at all times to maintain the confidentiality of User's user name and password. If a User is a corporation, partnership or other legal entity, then its employees may be authorized to use its name and password, provided that the legal entity will be responsible for all activity and all charges by such employees. Permitting a third party to use AgriBazaar 2.0's services through User's account is prohibited and is a violation of this Agreement. If there is a breach of security through User's account, User must immediately change User's password and notify AgriBazaar 2.0 of the security breach by email at mimos.agribazaar@gmail.com. User will be liable for any unauthorized use of AgriBazaar 2.0's services until User notifies AgriBazaar 2.0 of the security breach.
d. Other Users' information. By using AgriBazaar 2.0's services, User will have access not only to AgriBazaar 2.0 content, but also may have access to certain information that other Users have provided to AgriBazaar 2.0. This Agreement and applicable laws (including laws regarding confidential information, trade secrets and other proprietary rights) govern use of this information. User may use this information only for investigating the possibility of purchasing the other Users' agriculture products or services. User agrees not to use any information provided by other Users for direct marketing or other sales contacts outside of the AgriBazaar 2.0 service.
7. TAXES
Users acknowledge and agree that AgriBazaar 2.0 does not have any responsibility to report, calculate, determine or anticipate the payment of any taxes which may be assessed or owed by any User in connection with the use of the Portal and Service or User's purchase of any agriculture product or service. Users understand and agree that they are solely responsible for the calculation and payment of any taxes which may be incurred as a result of using the Portal and Service or purchasing agriculture products or services.
8. NO AGENCY
The relationship between User and AgriBazaar 2.0 is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by the terms and conditions of this Agreement.
9. NOTICES
All notices under this Agreement shall be provided to User via email to the email address provided by User on its registration form. Notices to AgriBazaar 2.0 should be delivered via email to support@AgriBazaar.com.my. User hereby consents to being contacted by AgriBazaar 2.0 from time to time in connection with new services, updates, promotions, etc.
10. TERMINATION
The terms and conditions of this Agreement constitute a binding agreement between AgriBazaar 2.0 and each User until terminated by the User or AgriBazaar 2.0. AgriBazaar 2.0 may at any time, in its sole discretion, terminate a User's access to the Portal and Service. Users may discontinue their use of the Portal and Service at any time and notify AgriBazaar 2.0 of termination of their status as a registered User.
11. DISCLAIMER OF WARRANTIES
AGRIBAZAAR 2.0 PROVIDES THE PORTAL AND SERVICE "AS IS" AND DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IN CONNECTION WITH ANY PRODUCT OR SERVICE LISTED, PURCHASED OR SOLD THROUGH ITS PORTAL AND SERVICE. NO ADVICE, INSTRUCTIONS OR INFORMATIOIN RECEIVED BY A USER, WHETHER ORALLY OR IN WRITING, FROM AGRIBAZAAR 2.0 SHALL CREATE ANY IMPLIED WARRANTY. USERS ARE INSTRUCTED TO USE THE PORTAL AND SERVICE AT THEIR OWN RISK. AGRIBAZAAR 2.0 MAKES NO WARRANTY THAT
(I) AGRIBAZAAR 2.0'S SERVICES WILL MEET USER'S REQUIREMENTS,
(II) AGRIBAZAAR 2.0'S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AGRIBAZAAR 2.0'S SERVICES WILL BE ACCURATE OR RELIABLE,
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH AGRIBAZAAR 2.0'S SERVICES WILL MEET USER'S EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE AGRIBAZAAR 2.0 USES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM AGRIBAZAAR 2.0 OR THROUGH AGRIBAZAAR 2.0'S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL AGRIBAZAAR 2.0 OR AGRIBAZAAR 2.0'S PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE PORTAL OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
13. DISPUTE RESOLUTIONS
Any controversy or claim arising out of or relating to this Agreement or the Service shall be resolved by a Malaysian Court of competent jurisdiction in accordance with Malaysian law and User submits to the jurisdiction of such courts for this purpose.
14. OWNERSHIP
AgriBazaar 2.0 shall retain all right, title and interest in and to the Portal and Service, including all intellectual property rights therein and thereto. User acknowledges that AgriBazaar 2.0 may compile aggregate data related to User's use of the Portal and Service and that AgriBazaar 2.0 may use, reproduce and make commercially available to third parties such aggregate data. Such aggregate data shall be the property of AgriBazaar 2.0 and can be used without notice to or approval of User.
15. MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein, and supersedes any and all prior agreements between AgriBazaar 2.0 and User. The failure to enforce any provision of this Agreement will not result in a waiver of any rights either party may have under this Agreement. If any provision of this Agreement is held to be unenforceable, it will be enforced to the maximum extent permissible and the remainder of this Agreement shall continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. AgriBazaar 2.0's failure to act with respect to a breach by you or other Users does not waive our right to act with respect to subsequent or similar breaches. AgriBazaar 2.0 will not be liable for any delay or failure associated with the government or war, etc.
16. AMENDMENT
AgriBazaar 2.0 reserves the right from time to time to amend the provisions of this Agreement. AgriBazaar 2.0 will notify User of these amendments by posting them on the Portal in the same location that the amended document then resides. Any such amendment is effective as soon as notice is given. In any event, it will be User's responsibility to monitor AgriBazaar 2.0's Portal for notices of amendments that we may post from time to time.
