TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTACE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NO ACCEPT THESE TERMS AND CONFITIONS, DO NOT USE THIS WEB SITE.
- Products, Content and Specifications: All features, contents, specifications, products and prices of products described or depicted on this Web site, Cowa.com.my, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Coconut Water (COWA) Sdn Bhd, which operates this Website pursuant shall make all reasonable efforts to accurately display the attributes of products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products on this Website at a particular time does not imply or warrant display such colours. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Delivery Limitation: When an order is placed, it will be delivered to an address designated by the purchaser as long as that shipping address is in compliant with the shipping restrictions contained in this Website. All purchases from this Website are made pursuant to a contract with the carrier. As a result, risk of loss and title for items purchased from this Website will pass to you upon delivery of the items to the carrier. You are responsible for filing any claims against the said carrier for damaged and/or lost item.
- Accuracy of Information: We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price other than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or delivery of any order.
- Use of this Website: The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of this Website are copyrighted; 2017, Coconut Water (COWA) Sdn Bhd. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or material may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
- Trademarks: Certain trademarks, trade names, service marks and logos used or displayed on this Website are property of Coconut Water (COWA) Sdn Bhd and/or its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners, including Coconut Water (COWA) Sdn Bhd and/or its affiliates. Nothing contained on this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Coconut Water (COWA) Sdn Bhd.
- Linking to this Website: Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Web Site in frames or through similar means on another Website or any written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.
- Third Party Links: From time to time, this Website may contain links to websites that are now owned, operated or controlled by Coconut Water (COWA) Sdn Bhd and affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website, neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website, neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the result that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Web site, you do so entirely at your own risk.
- Inappropriate Material: You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that will constitute or encourage conduct that will be considered as a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website, we will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- Disclaimers: Your use of this Website is at your own risk. The information, materials and services provided on or through this Website are provided on an “as is” basis and without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Coconut Water (COWA) Sdn Bhd nor its affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this Website. The information, materials or services provided on or through this Website may be out of date, and neither Coconut Water (COWA) Sdn Bhd nor its affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
All products and services purchased on or through this Website are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any, to the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products listed or purchased on or through this Website, without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modifications, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
- Limitation of liability: Limitation of liability: Neither Coconut Water (COWA) Sdn Bhd nor its affiliates assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website.
In no event will Coconut Water (COWA) Sdn Bhd and its affiliates, or any of their respective officers, directors, employees, shareholders, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website will be liable to you or anyone else for any direct, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profit, lost data or business interruption) arising out of the use, inability to use, or the result of use of this Website, any websites linked to this Website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages, the foregoing limitations of liability do not apply to the extent prohibited by law.) Please refer to your local laws for any prohibitions. In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website.
In the event of any problem with the products that you have purchased on or through this Website, you agree that your sole remedy if any, is from the manufacturer of such products is solely to seek a return and refund for such product in accordance with the returns and refunds policies posted on this Website.
- Revisions to the Terms and Conditions: These Terms and Conditions may be revised at any time and from time to time. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you.
- Termination: We may suspend or terminate your account or your use of this Website at any time,. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
- Health Related Information:The information contained in the Website is provided for information purpose only and is not meant to substitute the advice provided by your doctor or other healthcare professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed or engaged on contract basis with COCONUT WATER (COWA) SDN BHD AND ITS AFFILIATES) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all products packaging prior to use.
- Indemnity: You agree to indemnify and hold Coconut Water (COWA) Sdn Bhd and its affiliates (and their distributors and licensees), officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party, This indemnity survives termination of these Terms and Conditions.
- Domestic Use; Export Restriction: We control the Website from our offices within MALAYSIA. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside MALAYSIA do so on their own initiative must bear all responsibility for compliance with local laws, if applicable. Further, MALAYSIA export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of MALAYSIA law.
- Events Outside Our Control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside of our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, earthquake, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
General: Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect.
- Additional Assistance: If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at Coconut Water (COWA) Sdn Bhd, No. 36 (1st Floor), Jalan Matahari AB U5/AB, Bandar Pinggiran Subang, Seksyen U5, 40150 Shah Alam, Selangor Darul Ehsan, Malaysia. Attn: Sales & Marketing Department or e-mail us at email@example.com/cowa
Last Updated: May 2017