Terms and Conditions

OVERVIEW

This website is operated by Creek Valley Farm (003096647-X). Throughout the site, the terms “we”, “us” and “our” refer to Creek Valley Farm. Creek Valley Farm offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted with Data Flows Sdn Bhd. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

From time to time, products you order may be unavailable. If we are unable to fulfill your entire order, we will make every reasonable effort to substitute the closest product.

To receive delivery, you do not need to be present to receive your order from our driver. In the case of bad weather or unforeseen delivery complications, deliveries may be delayed. We will make every effort to get your order before 9:00 pm on the date of your arrival.

If something is missing from your order, please call us so that we can do everything reasonable in our power to ensure your satisfaction. In the case where you fail to pay for the products ordered, you agree to forfeit to the Company any right, title, or interest you may have in the products.

Product information contained on the website or in our advertisements is offered as a convenience and should not be deemed as accurate. Information contained on the website or in our advertisements should not be used by you to evaluate ingredient information, nutritional values, or potential food allergies. The Company assumes no responsibility for such information.

Our drivers are allowed to accept tips. Customers are under no obligation to tip drivers but have the option of doing so at their discretion.


SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available seasonally only. These products or services may have limited quantities and are subject to refund only in case of products or services are out of stock.

Certain products or service only available for Klang Valley only. Customer take responsible to read product description carefully before placed order. In case order has been placed, we will notify you and propose alternative or refund you the total amount of your order, via direct transfer only.

All products at the store are for illustration purpose only. Each harvest may have different appearance, such as size and weight, we made every effort to deliver the best quality from the harvest.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we 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.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in 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

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain 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. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.


SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We 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 (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service 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 as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, 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 Creek Valley Farm, our 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 your use of any of the service or any products procured using the service, or for any other claim related in any way to your use 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

You agree to indemnify, defend and hold harmless Creek Valley Farm and our 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 your breach of these Terms of Service or the documents they incorporate by reference, or your 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.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (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 drafting party.


SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Selangor, Malaysia.


SECTION 19 – OUR DELIVERY POLICY

General Information

All orders are subject to product availability. If an item is not in stock at the time you place your order, we will notify you and propose alternative or refund you the total amount of your order, via direct transfer only.

For Klang Valley delivery day and time

A date of delivery selection are available when you checkout. The change of delivery date is not allowed after closing of the order, which 24 hours before delivery date.

An estimated delivery time is 5.30pm- 8.30pm. Delivery times are to be used as a guide only and subject to the acceptance and approval of your order.

Once you place your order by online, we will act as bailee for the ordered products. You can modify an existing order at any time up until the order leaves by contacting our customer service via email [email protected] Please note that we reserve the right to refuse service to anyone. We reserve the right to change the cost of deliveries and/or our delivery fees at any time.

Other areas

Outside Klang Valley shipping day will be only from Monday to Thursday. A tracking code will be provided to you once your order being shipped out. Delivery date are estimates and commerce from the date of shipping rather than the date of order.

Unless there exceptional circumstances, we make every effort to fulfil your order within 7 business days of the date of your order. Business day mean Monday to Friday, except holidays. Please note we do not ship on Friday to Sunday.

Date of delivery may vary due to carrier shipping practices, delivery location, and method of delivery. Products may also be delivered in separate shipments.

Delivery instructions

[You can provide special delivery instructions on the check-out page of our website. We will try our best to fulfil your expectation, but 100% guarantee.]

Delivery Fee / Shipping cost

Klang Valley delivery fee is RM10 for all locations that are under our coverage. Other areas is from range RM35. You will be advised of any charges on the checkout page.

Starting from 14 Sep 2021, a service fee of RM8 will charge for order below RM50, in return there will be no min order restriction. 

Damaged items in Trasport

If there is any damage to the packaging on delivery, please email to [email protected] immediately. 


SECTION 20 – PAYMENT

FXP, Ewallet and Credit Card / Debit Card Payment via Ipay88

For payment via Ipay88, in the event your transaction is declined, we reserve the right to collect funds for any uncollected transactions owed us should a payment made via alternative payment method.


SECTION 21 – RETURN & REFUND POLICY

Thanks for shopping at www.creekvalleyfarm.co

If you are not entirely satisfied with your purchase, we’re here to help.

Returns

There is strictly no return policy.

Refunds

Once you receive your items, check if all in order. Please notify us via email [email protected] within 24 hours if anything missing or not in good condition with proof of picture for refund.

If your request is approved, we will initiate a refund with eGift Card credits. There is strictly no refund for any claim after 24 hours after you received the order.

In case you only found out products not in good condition 24 hours after you received the item. We will do issue eGift Card credits (same value as the item), only subjected to mistake was done us.

We are not liable in any event such as plants are not in good condition or death of plants due to shipping delay or damages to the box during the shipping process by third party courier companies.


SECTION 22 – CREEK VALLEY FARM EGIFT CARD

Creek Valley Farm eGift Card can be purchased and redeemed online at www.creekvalleyfarm.co

Once purchases are done, a virtue eGift Card will be sent to registered email with a unique Creek Valley Farm eGift Card number associated with it no matter how many times the email. You are allowed to send this eGird Card as a gift to anyone you wish to by inserting the receiver email address.

This eGift Card will expire automatically after 60 days from the date of purchase or once the credits are exhausted. The eGift card may be used to pay for the whole or any part of an in-store purchase or online order. The amount will be deducted from the eGift card and any remaining balance can be checked by login to your account with Creek Valley Farm. Only one gift card may be used per online order.

No change or refund will be given but the balance may be applied to future purchases. The gift card balance cannot be exchanged for cash or redeemed against the purchase of another card. A Gift Card expires automatically once its balance has been exhausted or after the redemption period is over.

In the event when goods redeemed with Gift Card credits are not in good condition, valid receipts have to be presented, and it is subject to SECTION 21 – RETURN & REFUND POLICY, credits deducted will not be refunded.

YOU agree that, for business operation and security reasons, we reserve the right to suspend or limit certain service functions of the eGift Card, or offer new service features to it. Upon these changes, YOUR continued use of the SERVICE will be deemed as acceptance of this AGREEMENT and the revised AGREEMENT.


SECTION 23 – FUTURE AMENDMENTS

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your 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 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

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