• Malaysia
  • Thursday , Feb 1 , 2018

Terms & Conditions (T&C)

Welcome to XFARMING! Thank you for using our Services. These Terms and Conditions (the “Terms”) set forth our mutual agreement as to your rights and responsibilities when you use the XFARMING websites and services that link to these Terms (the “Services"). By using any of the Services you are agreeing to these Terms. Please read these documents carefully – they contain important information about your rights and your responsibilities when you use the Services.

Your privacy is very important to us. Our Privacy Policy sets forth important information on how we collect, process, use and share your data and is incorporated by reference herein. Please read the Privacy Policy carefully

Important Things for You to Understand When You Use Our Services

-You always maintain ownership of your data, but we need the ability to use your data for the purposes set out in our Privacy Policy and these Terms.
-As we are constantly striving to improve the Services we provide you, your data may be used to enhance our existing user experience or to develop new products and services. Unless expressly stated otherwise, each new feature that we add to the Services will also be subject to these Terms.
-You may at any time request that we delete your data and account, as described in our Privacy Policy.

Our Services are very diverse, so sometimes additional or separate terms may apply. Any additional terms will be specified with the relevant Services, and those additional terms become a part of your agreement with us if you use those Services. Separate terms may also apply to special offers or promotions, and if the rules of a promotion or special offer conflict with these Terms, those special terms will prevail. We are constantly changing and improving our Services, and thus we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether. If you have any questions about these Terms or our Services, please contact us.

To help you to read these Terms, we have broken them down into the following sections:

1. Eligibility to Use the Services
2. Your Use of the Services
3. Renewals and Cancellations for XFARMING Services
4. Content Used in the Services
5. Termination or Suspension of your Account
6. Modifications to these Terms
7. Warranty
8. Limit of Liability
9. Your Indemnity
10. Services Offered by Other Companies
11. Controlling Law
12. Dispute Resolution
13. Miscellaneous

1. Eligibility to Use the Services

Users of the Services may include unregistered guests, free registered guests and paid subscribers (“Users”). You may need to create an account to use the Services. To protect your XFARMING account, please keep your password confidential. You must provide accurate, complete and current registration information when you register.
Other Services: While our other Services are intended for adults, if you are between the ages of 13 and 18, you may use the other Services with your parent's or guardian's permission. Children under the age of 13 are not permitted to use any Services. We do not knowingly seek or collect any Personal Information directly from children under the age of 13. If XFARMING becomes aware that we have unknowingly collected any personal data directly from a child under the age of 13, we will take commercially reasonable efforts to delete such data from our system.

2. Your Use of the Services

Requirements for Using the Services: In exchange for your access to the Services, you agree:

-To comply with the XFARMING Online Training & Course Rules;
-To comply with all applicable laws;
-Not to resell the Services or to resell, reproduce or publish any content or information found on the Services, except as explicitly described in these Terms;
-Not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein, including with bots, crawlers, spiders, data miners, scraping or other automatic access tools;
-You are responsible for all usage and activity on the Services made via your account; and
-You will contact us if you suspect your account has been breached or used without your authorization.

3. Renewals and Cancellations for XFARMING Services

Your subscription(s) to the Services is subject to the Renewal and Cancellation Terms, which are incorporated herein.

4. Content Used in the Services

XFARMING Content: The Services contain photos, videos, documents, records, indexes of content, and other content that are owned by or are licensed to XFARMING. We refer to this content as “XFARMING Content.” Except for WebSearch records, which are governed by the third parties that host the records, all XFARMING Content is owned by or licensed to us and may be used only in accordance with these Terms. You may use the XFARMING Content only as necessary for your personal use of the Services, and download the XFARMING Content only as search results relevant to that learning, training, research or where expressly permitted by XFARMING.

With respect to XFARMING Content, you agree:

-To keep all copyright and other proprietary notices on any XFARMING Content you download or print; and
-Not to distribute, republish, or sell significant portions of any XFARMING Content.

Public Domain Content: Some XFARMING Content may be in the public domain, and yet also subject to restrictions on reuse. We refer to XFARMING Content in the public domain as “Public Domain Content.” You are free to use a small portion of individual photos and documents that are Public Domain Content, but you must obtain our written permission to use more than a small portion of these collections. If you have any questions about your use of Public Domain Content, please contact us.

Personal Information and User Provided Content: When you use the Services, you provide us with different types of information. For an explanation of Personal Information and a description of the types of Personal Information you may provide to us, see our Privacy Policy. You may ask us to delete your Personal Information as explained in our Privacy Policy. In addition, you may provide us with information that is not considered Personal Information, such as a picture of a farm, crop, etc.. In these Terms, we refer to this type of information as “User Provided Content.”

With respect to User Provided Content, you agree that:

-You are solely responsible for your User Provided Content;
-You represent and warrant that you have all the necessary rights to upload or post your User Provided Content and that your User Provided Content complies with the XFARMING Online Training & Course Rules;
-You will provide XFARMING, upon our request, with any documentation necessary to evidence your compliance with these Terms; and

XFARMING has no responsibility or liability related to User Provided Content. While we do not routinely monitor User Provided Content that is uploaded or posted to the Services, we do reserve the right to do so and to use automated tools that monitor User Provided Content for violations of these Terms, including, the XFARMING Community Rules. We reserve the right, but do not have the obligation, to remove or disable access to any User Provided Content that we believe violates these Terms, including the XFARMING Training & Course Rules.

If you have concerns that User Provided Content posted by other users may infringe your rights, contain illegal material, or violate these Terms please contact us. We are also sensitive to the copyright and other intellectual property rights of others.

Additional User Information. You may voluntarily choose to provide additional information about yourself or your family to XFARMING in response to our email surveys, or through the Services (“Additional User Information”). Additional User Information does not include account, profile, payment, or usage details necessary to provide the Services, or any User Provided Content. You may have the option to share your Additional User Information with other users. Any sharing of Additional User Information with third parties is governed by our Privacy Policy.

Ownership of Personal Information, Additional User Information and User Provided Content: You own your Personal Information, Additional User Information, and User Provided Content, but we need certain rights from you to use that information and content. By using the Services, you grant us the right to collect, host, transfer, process, analyze, communicate and store your Personal Information and Additional User Information in order to (a) provide the Services to you and other users, and (b) for the purposes described in these Terms and our Privacy Policy. Also, by submitting User Provided Content through any of the Services, you grant XFARMING a sublicensable, worldwide, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such User Provided Content to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for XFARMING to copy, display, and index your User Provided Content. XFARMING will own the indexes it creates. We will also have the right to continue to use your User Provided Content, even if you stop using the Services, but only as necessary for us to provide and improve the Services.

Copyright and Trademark Notice: Each of the Services is protected by copyright as a collective work or compilation, pursuant to Malaysia copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Services are owned by or licensed to us. We and our licensors retain title, ownership and all other rights and interests in and to all XFARMING Content in the Services.

5. Termination or Suspension of Your Account

We may limit, terminate, or suspend your access to the Services without a refund if you breach or act inconsistently with the letter or spirit of these Terms or, the XFARMING Online Training & Course Rules. In such a case, you will not be entitled to a refund of subscription fees.

6. Modifications to these Terms

We have the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except that changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, cancel your subscription as described here.

7. Warranty

While we hope you enjoy using our Services, there are things we don't promise about our Services.

Except as expressly set out in these Terms, we provide the Services and the XFARMING Content to you on an “AS-IS” basis. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the XFARMING Content, (b) about the specific functionality of the Services, (c) about the quality, accuracy, reliability, or availability of the XFARMING Content or Services, or (d) that the XFARMING Content or Services will be free from viruses or other harmful components.

8. Limit of Liability

We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any Policy in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription as described here. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability.

9. Your Indemnity

You agree that you will indemnify and hold XFARMING, our employees, and our agents harmless from any claims, damages, or other expenses (including attorney's fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person's rights; or (c) any claim related to your User Provided Content, including a claim that your User Provided Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release XFARMING from all claims, demands, actions, or suits in connection with your User Provided Content, including any liability related to our use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.

10. Services Offered by Other Companies

We may offer you the opportunity to purchase services from companies other than XFARMING. Use of those services will be subject to the terms and conditions of the companies offering the services. Please read those terms carefully. We have no responsibility related to any such third-party services.

11. Controlling Law

These Terms and use of the Services shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

12. Dispute Resolution

Any controversy, claim or dispute arising out of or relating to these Terms and use of the Services or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

Notwithstanding the foregoing, XFARMING reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

13. Miscellaneous

Entire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and XFARMING regarding your use of the Services and supersede any prior agreements we may have relating to the Services.

Notification of Changes to the Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Terms and Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the website or any part of the Services.

Feedback: If you submit feedback or suggestions about XFARMING or our Services, we may use your feedback or suggestions for any purpose without any obligation to you.

Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of XFARMING, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.

If XFARMING is Acquired: If XFARMING or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), XFARMING has the right to share your Personal Information, User Provided Content and Additional User Information with that entity. These Terms will continue to apply to the Services until you receive notification of changes to the Terms or Services.

Severability: The unenforceability of any particular section or clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable section or clause with a similar one that is enforceable.

No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.


XFARMING.com by Llewelyn Enterprise (105029).
3rd Flr, Lot 220, Section 11 KTLD,Jln. Satok,
93400, Kuching, Sarawak

Contact: +6013 8476713  |  llewelyn@xfarming.com
Copyright @ 2018. All Rights reserved.