Terms & Conditions

The Sales Terms and Conditions (“Terms and Conditions”) defines the agreement between FarmByte Sdn. Bhd. (“FarmByte” or “us” or “we”) and a customer (“Customer” or “you” or “your”) in regard to the sale and purchase of any products of FarmByte through FarmByte’s e-commerce platform namely FarmByte’s Shopping Platform.

All Customers are advised to read the Terms and Conditions prior to registering an Account and/or purchasing any products on FarmByte’s Shopping Platform. By accessing and continuing to use and access FarmByte’s Shopping Platform website and any extensions thereof and the products and services available through this FarmByte’s Shopping Platform (collectively, the "Services") you agree to these terms which shall be effective as soon as you access FarmByte’s Shopping Platform. These Terms and Conditions are a legally binding contract between you FarmByte. If you do not agree to these terms and conditions then you must not access or use FarmByte’s Shopping Platform and Services, you should leave FarmByte’s Shopping Platform and cease use of FarmByte’s Shopping Platform and Services immediately.

FarmByte reserves the right to amend, change, revise, modify, alter or remove the Terms and Conditions and any of the information made available to the Customers at any time it deems fit without prior written notice. Any amendment, revision, modification, alteration or removal shall be effective after they are posted on any medium on the FarmByte Shopping Platform. The continued access and use of the features and/or services of the FarmByte Shopping Platform shall be deemed as irrevocable acceptance of the amendment, revision, modification, alteration or removal and the Customers agree to be bound by the same.

Before you can access or use some parts of FarmByte’s Shopping Platform and Services, you will be required to register with us. When you register with us you confirm your acceptance of these terms and you are also confirming to us that:

We reserve the absolute right to refuse your application to register and to cancel your registration for FarmByte’s Shopping Platform and/or the Services for any reasons whatsoever at our sole discretion at any time.

You are solely responsible for all use of your login details including, without limitation, your e- mail and password and for protecting their confidentiality. Your e-mail and password must not be offensive or vulgar words. You must not share these details with anyone or allow anyone to use your login details. You must immediately notify us of any unauthorised use of or access to your login details. Any activity under or in connection with your login details will be your responsibility, unless you have informed us in advance that your login details are being used without your authorisation and such communication has been acknowledged by us. We shall not be liable for any loss or damages suffered by you in relation to the use of your account.

You will not impersonate any person or entity or to use a false name or a name that you are not authorized to use. You agree not to falsely or inaccurately suggest or indicate any connection, affiliation or relationship with any person or entity and any creation of multiple accounts is an express breach of the Terms & Conditions of FarmByte’s Shopping Platform.

You will not carry out any activity in relation to FarmByte’s Shopping Platform or the Services which would or may be considered a criminal offence or give rise to any civil liability or infringe any rights of any third party or which may cause us to face any such liability and nor will you cause or encourage or procure any other person to do so.

When accessing and using this Website and/or the Services you shall comply with all applicable laws and regulations in the country from which you access them and will not do anything which is unlawful.

If you are a minor, being someone who is under 18 years old, you can only use FarmByte’s Shopping Platform with prior consent of your parents or guardian. In any event, by agreeing to use the services on FarmByte’s Shopping Platform, you represent and warrant that you are 18 years or above.

These Sales Terms and Conditions apply to all users and visitors of FarmByte’s Shopping Platform.

If you are agreeing to these Sales Terms and Conditions on behalf or as a representative of a Company or other organisations, you represent that you have the authority to bind that company or organisation to these Sales Terms and Conditions, and the terms “you” and “your” will refer to that company or organisation.

If you do not agree to these Sales Terms and Conditions, do not have authority, or are a minor and have not obtained the prior consent of your parents or guardian, please DO NOT USE the FarmByte Shopping Platform.

By using the FarmByte Shopping Platform, you understand that any information you send to FarmByte’s Shopping Platform may be intercepted or read by third parties even where there is notification that the transmission is encrypted.

Additional terms and conditions may apply to the purchase of the Products and to specific portions or features of the FarmByte Shopping Platform, including promotions, contents or other similar features, all of which terms are made a part of these Sales Terms and Conditions by this reference. You agree to abide by such other terms and conditions including where applicable, representing that you are of sufficient legal age to use or participate.

You may not use the FarmByte Shopping Platform or any Content for any purpose that is unlawful or prohibited by the Sales Terms and Conditions, or solicit the performance of any illegal activity or other activity which infringes FarmByte’s rights or rights of third parties.

All rights not expressly granted to you in these Sales Terms and Conditions are reserved and retained by FarmByte or its licensors. The right and license granted to you in these Sales Terms and Conditions will be terminated if you do not comply with these Sales Terms and Conditions.

FarmByte may at its sole discretion refuse to offer access to or use this FarmByte Shopping Platform to any person or entity and may change the eligibility criteria at any time without notice to you.

These definitions apply in these Sales Terms and Conditions unless the context requires a different interpretation:

These Terms and Conditions shall be read together with the Privacy Policy and any other policies which may be added to FarmByte’s Shopping Platform from time to time.

There may be additional terms and conditions that will apply to the purchase of products and to specific portions or features of the FarmByte’s Shopping Platform. This may include promotions, contents or other similar features, all of which terms are made a part of these Terms and Conditions by this reference.

FarmByte reserves the right, at its sole discretion, to change, modify, add or delete portions of these Sales Terms and Conditions at any time. It is your responsibility to check these Sales Terms and Conditions from time to time. Your continued use of FarmByte’s Shopping Platform following the posting of these changes means that you agree to and accept the changes.

Customers may create a FarmByte Account ('Account') logging onto the FarmByte Shopping Platform and filling in the relevant form for the purpose of creating an Account; or by opting for any other methods of registration as shall be determined by FarmByte from time to time at its absolute discretion(if any).

To register an Account, a Customer (1) must be the age of eighteen or above at the time of registration, and (2) have a valid phone number or email address.

Customers must provide all relevant information required by FarmByte for the purpose of creating and registering the Account including but not limited to the following:

Customers shall be responsible in maintaining their Account at all times and shall be fully liable for all activities that occur under the said Account regardless of whether or not such activities are done or expressly authorized by the Customers. Customers shall notify FarmByte should there be any unauthorized activities or any breach of security known to the Customer over the Customers’ Account.

Subject to the terms contained herein, FarmByte reserves the rights to be exercised in its sole and absolute discretion and without prior written notice: (i) to decline a registration of a new Account; or (ii) to suspend, cancel or terminate an existing Account; or (iii) to remove the eligibility of any Customer and/or Account to any promotional offer or reward or (iv) cancel all or part of any Order made by Customer, at any time in the following circumstances:

In any event of termination of an Account, the Customer, upon such termination, shall immediately cease all access and use to the Account and FarmByte Shopping Platform. Any termination of an Account shall not affect the existing rights and obligations of the Customer and/or relieve the Customer from its obligations arising before the termination including but not limited to the obligation of the Customer to make payment for any Order placed on FarmByte Shopping Platforms.

Notwithstanding the above, FarmByte shall have the right to terminate or delete any existing Account without stating any reason at its sole and absolute discretion.

Prior to placing or submitting any order on the FarmByte Shopping Platform to purchase any items and/or products offered for sale (“Product”) from FarmByte Shop or FarmByte’s Shopping Partners (“Order”), all Customers are advised to read the Sales Terms and Conditions whereby failing to adhere to the Sales Terms and Conditions will give right to FarmByte to accept, reject, refuse or cancel any Order.

Any Order placed by the Customer shall consist of the following information required by FarmByte including but not limited to name and specifications of Products, payment methods and details and delivery and contact details of the Customer or recipient of the Order.

Any successful Order will be confirmed and notified to the Customer containing a summary of the Order details (“Purchase Order”) via the valid email address or contact number provided by the Customer or such other method FarmByte may exercises from time to time without prior written consent of the Customer. This email will only be an acknowledgement and will not constitute acceptance of your order. Placing a product in your cart will also not constitute acceptance of your order or even after checkout of your order.

FarmByte shall have the rights to accept, reject, refuse or cancel any Order which can be exercised, without limitation, in any of the following reasons:

Any changes and/or cancellation of the Order by the Customer can be made by contacting FarmByte’s Service Center via Whatsapp using the contact number provided to the Customer in the Quotation.

All prices of the Products are as stated on FarmByte’s Shopping Platform and FarmByte shall have the absolute discretion to determine the price of the Products at all times without limitation to any promotional prices. The prices are subject to changes as may be determined by FarmByte from time to time without prior notice. Unless stated otherwise, all prices and charges of the Products are in Ringgit Malaysia (RM). We are under no obligation to honour any price quoted on FarmByte’s Shopping Platform.

You may be charged an additional fee by your bank or credit card provider. FarmByte has no control over these fees.

All prices stated include the relevant tax (if any) unless otherwise is stated by FarmByte. FarmByte is committed to providing the most accurate pricing information and product details on its Shopping Platforms. However, in the event where an error has occurred e.g., if the pricing is inaccurate, FarmByte may either reach out to the Customer for instructions or cancel the Order based on its own discretion.

For the avoidance of doubt, all Products offered for sale on FarmByte Shopping Platform shall only constitute as an invitation to treat and not legal offer unless there is a formal acceptance of the Quotation by the Customer and any order made by the Customers outside of Malaysia shall only be made via FarmByte’s Website.

A contract between FarmByte and you for the purchase of the products will only be formed when we receive payment for the Products and we deliver the products and the transaction is complete.

Once a contract is formed, the full legal and beneficial title (ownership) in a product shall transfer to you upon FarmByte receiving the full payment of the product in full and after shipping out the product. Thereafter the risk and responsibility shall remain with you. For the avoidance of doubt, FarmByte reserve all rights to absolutely decline any transaction without stating any reasons whatsoever.

Since FarmByte engages third parties to deliver your products, you acknowledge that you are fully assuming all risks in relation to any purchase transactions done while using the Website. You acknowledge that you are also assuming the risks or liability or harm of any kind in connection with subsequent activity of any kind relating to the products, which includes but shall not be limited to any risks in relation to the delivery of the products or services.

FarmByte shall not be responsible or be held liable for any losses, damages, demands, claims, errors, inaccuracies, business disruptions, delays in delivery of the products or costs incurred of any kind that may arise in connection with or as a result of any such risks.

Customer warrants and acknowledges that all visual representations of the Products presented, showcased, displayed, broadcasted and made available on the FarmByte’s Shopping Platform are for illustrative purposes only and may not be an exact representation of the Products. Despite the commitment of FarmByte to provide the most accurate descriptions, the actual Products delivered to the Customer may vary from those appeared on the FarmByte’s Shopping Platform due to the reasons including but not limited to quality or limitation of the broadcast, products enhancement and repackaging of the Products.

All products featured on FarmByte’s Shopping Platform may be subject to change. Each product on this Website has a product information (detail and description), product measurement and price associated to it in addition to other details mostly provided by third party brands. We do not guarantee that any information (in particular product details, descriptions and prices) are always 100% correct at the time of purchase. Sizes and measurements quoted are approximate only and are listed as a guide. The actual size and measurements of the products may vary.

The availability of the Products appeared on FarmByte’s Shopping Platform shall depend on the availability of the stock and FarmByte does not guarantee that the Products will always be available. If the Products ordered by the Customer are unavailable and or out of stock, FarmByte will use its best endeavours to restock the Products within fourteen (14) days or to offer a replacement product with similar value and type. Notwithstanding thereof, FarmByte shall not be held liable in any manner whatsoever to the Customer.

FarmByte reserves the sole and absolute right to determine the rules and policies in regard to the payment methods applicable for the purchase of the Products on the FarmByte Shopping Platform (“Payment Methods”) and is entitled to make necessary changes and/or amendments from time to time without prior notice. Unless otherwise stated, the Customer can purchase any Products via the following Payment Methods:

Internet/Online Banking (“Internet Banking”)

Cash on Delivery (“COD”)

Subject to the terms and conditions stated herein, the delivery of the Products is only available to the designated areas in Malaysia (“Designated Delivery Areas”) which may be amended and/or reviewed by FarmByte from time to time without prior notice. FarmByte shall only deliver the Products to the Customer upon acceptance of the Quotation provided by FarmByte to the address provided by the Customer during the confirmation of the Order provided that the said address is within the Designated Delivery Areas. All Customers are advised to refer to the list of the designated delivery areas, before making any order.

If the address for the delivery is not within the Designated Delivery Areas, the Customer shall be liable to collect the Products at the place provided by FarmByte (“Collection Point”) but subject always to the exercise of FarmByte’s right to reject any delivery that is not within the Designated Delivery Areas.

FarmByte is entitled at its sole discretion at any time to appoint any third party to carry out logistics and delivery services (“Delivery Provider”) without prior notice to the Customer. For any Product that require installation, such installation will be carried out after the delivery of the Product. Customers are advised to confirm the details with FarmByte by calling FarmByte Call Centre prior to the delivery of any Product that requires installation.

In the event the Customer intends to authorize any other third party to accept the delivery of the Products on its behalf, the Customer shall notify FarmByte by calling the Whatsapp number provided in the Quotation. For this purpose, the Customer shall, if so requested by FarmByte and/or the Delivery Provider, provide an authorization letter to FarmByte and/or the Delivery Provider at the point of delivery for identification or verification purposes.

The delivery hours are within 9.00am to 6.00pm on a Business Day (“Delivery Hours”), subject to any revision by FarmByte at its sole discretion from time to time as it deems fit without prior notice and FarmByte shall not be liable to the Customer for any revision of the Delivery Hours. For the purpose of this clause, Business Day means the day which commercial banks are open for business in Johor, Kedah, Kelantan (excluding Fridays, Saturdays and public holidays) and Kuala Lumpur or any other states in Malaysia (excluding Saturdays, Sundays and public holidays). Any request by the Customer for deliveries after the Delivery Hours is subject to the discretion of FarmByte and additional charges may apply.

Subject to the terms and conditions provided herein and unless otherwise is stated on the FarmByte Shopping Platform the delivery schedule shall be as follows:

Notwithstanding the above, the delivery periods stated may be amended and/or revised by FarmByte at its sole discretion from time to time as it deems fit without prior notice and FarmByte shall not be liable to the Customer for any delay attributed to reasons beyond the control of FarmByte.

FarmByte shall inform the Customer should it anticipates the inability to deliver the Products at the estimated delivery date, time and/or period. Attempts for the delivery will be made in the event the Customer is not present at the address provided for delivery. If the Customer fails to accept delivery of any Product after the first (1st) attempt for any reason whatsoever, FarmByte is entitled to cancel the Order and refund to the Customer any payment (excluding the delivery charges) made by them but without prejudice to any other rights or remedies available to FarmByte.

The Customer warrants and agrees that the risk to the Products shall pass to the Customer at the time of delivery. Notwithstanding the delivery of the Products and the passing of risk, the ownership of the Products shall only pass to the Customer upon receipt of the full payment of the Products in the Order. FarmByte shall not be held liable for any losses, damages and/or liabilities accrued over the Products after the passing of risk to the Customer.

Please note that you are responsible for all charges that relate to customs or duty that may be applied in certain countries. FarmByte takes no responsibility for these charges or for any delays in your receiving any goods owing to customs’ intervention.

Unless otherwise provided specifically herein, no returns shall be accepted and no refunds or credit will be provided.

We will not be liable if for any reason FarmByte’s Shopping Platform is unavailable at any time or for any period. From time to time, we may restrict access to either some or all parts of FarmByte’s Shopping Platform and we shall have the right to restrict access to FarmByte’s Shopping Platform and/or the services at our sole discretion at any time to any registered or non-registered users.

FarmByte does not guarantee continuous, uninterrupted or secure access to any part of FarmByte’s Shopping Platform. The operation of FarmByte’s Shopping Platform may at any time, with or without prior notice, be temporarily suspended or interrupted for any reasons whatsoever, including but not limited to technical maintenance works (whether routine or non-routine), server or error correction, upgrade or other changes, or for any interference or other factors outside of our control. FarmByte does not ensure that any files or other data downloaded from FarmByte’s Shopping Platform are free from viruses, malware, trojan horses and other harmful pro-active systems.

FarmByte provides a variety of payment features for the user’s comfort and shall endeavour to ensure timely processing of your payment. Where payments involve transfer via online bank accounts and/or involve debit cards and/or credit cards, FarmByte cannot guarantee and makes no representations or warranties as to how long it will take to process the payment as the payment features may be provided by third parties and there are many factors beyond FarmByte’s control.

Subject to the paragraph below, if either you or FarmByte fails to comply with these Terms and Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms and Conditions.

We shall not be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever that result from our failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:

FarmByte reserves the absolute right, in its sole discretion, to immediately suspend or terminate your account and/or access to the FarmByte Website and the Services with or without any prior notification:

Notwithstanding anything to the contrary in these Terms and Conditions, you would also be deemed to be in breach of these Terms and Conditions if:

In the event of any breach by you of these Terms and Conditions, FarmByte reserves the right to suspend and/or terminate your user account and/or access to the Website with or without notice to you.

FarmByte also has the absolute right to restrict, ban or refuse any and all current or future use of the FarmByte Website and any of the Services that may be provided by FarmByte.

Upon suspension or termination, your right to use the features on the Website shall immediately cease and FarmByte reserves the right to remove or delete your information that is available with FarmByte, including but not limited to all of your login and account information.

Your right to use the Website immediately ceases upon termination or suspension of your account. You acknowledge and hereby agree that we may immediately deactivate or delete your account and all related information and files in your account and/or prevent any further access to such files or the Website.

FarmByte shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your user account or any other actions taken by FarmByte in connection with such account termination or suspension.

The Customer may post reviews for the Products on FarmByte’s Shopping Platform (“Reviews”). Be that as it may, FarmByte subject to its sole discretion shall have the absolute right to remove or edit any Reviews by the Customer if such Review is deemed to be offensive, defamatory, obscene, indecent, inaccurate, false, misleading, a threat to public health or safety, infringes any intellectual property rights or violates any applicable law and regulations in Malaysia.

The Customer warrants, acknowledges and agrees that:

By posting the Reviews on FarmByte’s Shopping Platform, it is deemed as an acceptance by the Customer to grant the rights to FarmByte and/or its affiliates to use, copy, display, publish and/or promote the Reviews in any medium for marketing and/or promotional purposes.

All intellectual property (which shall include but not limited to the logos, icons, visual graphics, animation, texts, website, patents, trademarks, service marks, trade names, registered design, designs, copyrights and other forms of intellectual or industrial property) (“Trademarks”) of the Shopping Platform and FarmByte and FarmByte’s affiliated entities shall be vested and owned by FarmByte and remain the exclusive property of FarmByte or that of third parties and are protected by Malaysian and international copyright laws.

All software used on this site is either our property or that of our contractors and/or suppliers and is protected by Malaysian and international copyright laws.

Permission is granted to electronically copy and to print in hard copy portions of this Website for the purposes of placing an order with us and using this Website as a shopping resource only. Any other use of materials on this Website including reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without our prior written permission is strictly prohibited.

The Customer shall not:

Any use of FarmByte Trademarks by the Customer without prior written consent of authorized person of FarmByte shall constitute a material breach of this Terms and Conditions and FarmByte shall have the right to exercise its rights under the applicable law.

Additionally, the Customer acknowledges that other marks, logos, icons and trade names belonging to other third party may appear on FarmByte’s Shopping Platform and the Customer warrants that it shall be responsible to ensure that such marks, logos, icons and trade names are not infringed. The Customer shall indemnify FarmByte against any third-party claims resulted from the infringement of third party’s intellectual property rights by the Customer.

For the avoidance of doubt, you are not permitted to copy, post, reproduce, upload, duplicate, reverse engineer, encode, transmit, distribute, translate, or commercially exploit in any way including “mirroring”, data scrape or data crawl any part of the FarmByte Website and/or the Services including any content to any other website or other form of electronic or mechanical methods or medium.

FarmByte’s copyright, trademarks, logos, business name, domain name and rights in trademarks and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of similar domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. The names of actual companies and products mentioned herein may be the trademarks or intellectual properties of their respective owners.

All of FarmByte’s rights and remedies are expressly reserved as they exist under the applicable laws.

FarmByte will exercise reasonable steps in ensuring that all the model, quality, standard, composition and style of the Products are as displayed, broadcasted, showcased and sold on its Shopping Platform and the Products are delivered in accordance with the general description under which the Products are sold.

All information, particulars or claims in regard to the Products that are represented on FarmByte’s Shopping Platform are as provided by the manufacturers and/or supplier of the respective Products unless otherwise is stated therein. FarmByte shall not be held liable for any inaccuracy or error in the display, presentation and broadcast of such information, particulars or claims and from the reliance of the Customer and/or any other third party of such information, particulars or claims.

FarmByte does not make any warranties, representation and/or endorsements, whether express or implied, over (including but shall not be limited to) the satisfactory quality of the Products, its reliability or fitness for any specific purposes, completeness, merchantability, commercial value or non-infringement of the rights of any third party. FarmByte shall not be held liable and shall be absolved from any liabilities for the reliance of any party on the warranties, representation and/or endorsements made on the Products.

To the fullest extent allowed by the applicable law, the Customer warrants and agrees that FarmByte shall not be held liable for any claim including by any other third party for direct, indirect, consequential, incidental and/or special loss or damages (including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of reputation, loss of privacy, loss of data or the cost of procurement of substitute products arising out of or from use, inability to use, performance or failure of the FarmByte Shopping Platform) that arise out of or in connection to the Products sold by FarmByte.

Subsequently, the Customer agrees to indemnify FarmByte for any claims, losses, demands, damages and/or liabilities for any matter related but not limited to as follows:

Unless otherwise stated herein, the Customer agrees that FarmByte’s total liability to the Customer or any third party in any claims, losses, demands, damages and/or liabilities shall be the amount paid by the Customer to FarmByte in purchasing the Products.

Notwithstanding the above, the Customer further warrants and agrees that FarmByte shall not be liable for any failure to perform its obligations under these Terms and Conditions due to any occurrences or events beyond its control and without the fault, omission or negligence on FarmByte’s part, including but not limited to government’s directive, order or intervention, acts of God, war, rebellion, strikes, lockout or labour disputes, plagues, epidemic, pandemic, sabotage or riots, floods, fire, explosion, earthquake or other natural disasters or catastrophes (“Force Majeure”).

You agree to release, defend, protect, indemnify and hold FarmByte, our affiliates, and our officers, directors, shareholders, agents, and employees harmless from any and all demands, claims, losses, damages, expenses or other liabilities which may arise from your use of the Website or Services or from your breach of any of these Terms and Conditions.

In addition, you agree to release, defend, protect, indemnify and hold FarmByte, our affiliates, and our officers, directors, shareholders, agents, and employees harmless from any and all demands, claims, costs, losses, penalties, damages, expenses or other liabilities of any nature, arising in any manner out of your acts, omissions or negligence whether in tort, contract or otherwise.

FarmByte shall not be responsible for disputes between one or more users, or an outside party. If, by the use of the Website and/or Services you have a dispute with another user, you hereby acknowledge and agree to hold FarmByte, our affiliates, officers, directors, shareholders, agents, and employees harmless and agree to release FarmByte from any and all claims, demands and damages of any kind and nature arising from or in connection with such dispute.

Personal Data: In the course using the website or creating an Account or purchasing any Product on FarmByte Shopping Platform and/or the services made available to the Customers, the Customers may be required to provide certain personalized data (“Personal Data”) to FarmByte. FarmByte’s information collection and use policies in regard to the protection of the Customer’s Personal Data are set forth in FarmByte’s Privacy Policy which is incorporated into these Terms and Conditions.

Law and Jurisdiction: This Terms and Conditions shall be governed by and interpreted in accordance with the laws of Malaysia and in the event of any dispute, the Malaysian Courts shall have jurisdiction.

Severability: If any provision of this Terms and Conditions should become illegal or void for any reason, the validity and enforceability of the remaining provisions shall not be affected.

Entire Agreement: This Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and shall be read with FarmByte’s Privacy Policy and Return and Refund Policy.