Terms of Use

Overview

Welcome to Gaiantopia’s family of websites; where this Site (www.owlganicmarket.com) is operated by Gaiantopia Sdn. Bhd.

These terms and conditions outline the rules and regulations for the use of www.owlganicmarket.com. By accessing this website we assume you accept these terms and conditions in full. Do not continue to use this 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 Policy and Disclaimer Notice
and any or all Agreements: “Customer”, “You” and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers
to Gaiantopia Sdn Bhd. 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 the same.

Title for any products purchased by you will transfer upon our delivery to the carrier.

Usage & Termination

By using our Site or participating in any of the Programs, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement or any Program terms and conditions. If you are under the age of 18, you are not permitted to use this Site or participate in any Program.

You agree to use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site.

You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.

This Agreement is effective until terminated by either us or you. We, in our sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to the Site or any portion of it. You may terminate this Agreement at any time by contacting Customer Service and discontinuing all use of the Site. Upon termination by us or you, you must destroy all materials obtained from the Site including all copies of such materials whether made under the terms of use contained in this Agreement or otherwise. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion of it with notice to you.

We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.

User Content and Conduct

Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Gaiantopia Sdn. Bhd. does not screen, edit, publishor review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Gaiantopia Sdn. Bhd., its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Gaiantopia Sdn. Bhd. shall not be responsible or be liable for the Comments or for any loss, cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on thiswebsite.

Gaiantopia Sdn. Bhd. reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms of Use.

You warrant and represent that:

  • The Comments do not infringe any intellectual property right, including without limitation copyright,
    patent or trademark, or other proprietary right of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material
    or material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities
    or unlawful activity.

By leaving a Comment, you hereby grant Gaiantopia Sdn. Bhd. a non-exclusive, royalty-free license to use, reproduce,
edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats
or media.

Privacy

Your privacy and security are a top priority. Please review the Privacy Policy, which applies to personal information obtained from or provided by you on the Site.

Liability Disclaimer

You agree that the use of the site or participation in any program is at your sole risk. Gaiantopia Sdn Bhd and other affiliated companies and their respective officers, directors, employees and other representatives, successors and assigns of any of them (collectively, “Gaiantopia entities”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Gaiantopia entities make no warranty that the site or any program will meet your requirements, the site will be timely, secure, error free or uninterrupted, the results obtained from the site or from any program will be accurate or reliable, the quality of any products, services, information or other material obtained by you through the site will meet your expectations and any site errors will be corrected. No information obtained by you from Gaiantopia entities, through the site or through a program shall create any warranty relating to the site or such program not expressly stated in this agreement.

To the fullest extent permissible by applicable law, Gaiantopia entities disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the products and services listed or purchased on the site and your participation in any program. Gaiantopia entities expressly disclaims all liability for product defect or failure, claims attributable to normal wear, product misuse or modification, abuse, incorrect product selection and not following printed directions.

To the maximum extent permitted by applicable law, in no event shall Gaiantopia entities be liable for any indirect, incidental, special or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Gaiantopia entities are advised of the possibility of such damages. Subject to the foregoing, to the maximum extent permitted by applicable law: (i) if you are a customer, the maximum liability of Gaiantopia entities shall be limited to the amount paid by you for any product, information or service purchased by you from Gaiantopia on the site.

If you are dissatisfied with any portion of the site, your participation in any program or with any of the terms of use contained in this agreement, your sole and exclusive remedy is to discontinue using the site or participating in the applicable program.

We make no guarantee or warranty with respect to any products or services sold. We are not responsible for any damages for information, products, or services provided by third parties even if we have been advised of the possibility of damages.

Indemnification

You agree to indemnify, defend and hold harmless Gaiantopia entities from and against all losses, expenses, costs and damages including attorney’s fees resulting from your use of or contact on the Site, your participation in any Program, your use or your inability to use the Site or services, any products or services purchased or obtained by you in connection with the Site, any Site postings or activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim.

Copyright and Intellectual Property

You acknowledge that all the materials on this Site including the images, designs, text, graphics, icons, and other files and all other content that appear on the site are copyrights, trademarks, intellectual properties owned, controlled or licensed by Gaiantopia Sdn Bhd., unless otherwise stated.

Site Content – Not Healthcare Advice

The products and claims made about specific products on or through the Site are not approved to diagnose, treat, cure or prevent disease. The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.

Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.

You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. We are also not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes.

Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.

Agreement

This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

Contact Us

If you have any queries regarding any of our terms, please contact us.