1. INTRODUCTION

  1. Acceptance of Terms and Conditions of Use

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT ENQUIRE ABOUT ANY PRODUCTS AND/OR SERVICES OFFERED FROM THIS WEBSITE OR DESCRIBED ON THIS WEBSITE.

These general terms and conditions of use (the “Terms of Use”) constitute a legal agreement between you (“You” and “Your”) and elerGreen Industry Corporation and elerGreen Industry Sendirian Berhad (collectively known as “elerGreen”) governing Your use of https://elergreen.com, https://elergreen.square.site/ and all associated web pages owned by elerGreen (collectively, the “Websites”). “We” and “Us” means both You and elerGreen. By accessing or using the Websites or otherwise indicating Your consent to these Terms of Use, You agree to be bound by these Terms of Use and the documents referred to herein. If You do not agree with or accept any of the terms of these Terms of Use, You should cease using the Websites immediately. These electronic Terms of Use shall be the equivalent of a written paper agreement between Us.

By using the Websites, You represent and warrant that You are the legal age of majority under applicable law to form a binding contract with elerGreen.

1.2 Amendment of Terms of Use

These Terms of Use are dated July 9, 2022. elerGreen reserves the right in its sole discretion to amend these Terms of Use for any or no reason, at any time, and from time to time. Any and all such amendments will be effective from the date they are published and will apply to all access to or continued use of the Websites.

By continuing to use or access the Websites following such amendment to these Terms of Use, You agree to be bound by the Terms of Use as amended, regardless of whether or not elerGreen notified You of such amendments. You agree to periodically review these Terms of Use in order to be aware of any amendments.

No changes to these Terms of Use are valid or have any effect unless agreed to by elerGreen in writing.

2. YOUR USE OF AND CONDUCT ON THE WEBSITE

2.1 Nature of Use

The Websites are for Your personal and non-commercial use only. You agree that You will only access or use the Websites for lawful purposes and in accordance with these Terms of Use. As a condition of Your access to and use of the Websites, You warrant and agree that You will not use or access the Websites to:

  • Violate or promote the violation of any government-imposed restriction or rule or of any third-party’s rights;
  • Impersonate any person or entity, misrepresent Your affiliation with a person or entity, or do any other thing or act that brings elerGreen, any other user of the Websites, or any third-party into disrepute or causes liability for elerGreen;
  • Distribute viruses, malware, or any other technologies that are malicious or that may harm elerGreen, the Websites, other users of the Websites, elerGreen’s affiliates, or any third-party, or in any other way interfere or attempt to interfere with the proper working of the Websites;
  • Reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, or otherwise make available to any third-party, or otherwise publish, deeplink, create derivative works from or exploit in any way the Websites or any content on the Websites except as permitted by elerGreen under these Terms of Use; and
  • Harvest or otherwise collect, use, or disclose (including through the use of any robot, spider, or other automatic device, process, or means) content on the Websites or personal information about any other user or users of the Websites for any purpose.

You further represent and warrant with respect to any account that You may make on or through the Websites that:

  • All the information You provide on or through the Websites is correct, current, and complete;
  • Any username, password, or any other piece of information chosen by You, or provided to You as part of elerGreen’s security procedures, if any, will be treated as confidential by You and will not be disclosed to any other person or entity;
  • You will notify elerGreen immediately of any unauthorized access to or use of Your username or password, if applicable, or any other breach of security; and
  • You will not transfer Your account, if any, to another person without the prior written consent of elerGreen.

2.2 User Generated Content

You may be able to submit, post, publish, display, or otherwise transmit content, material, or information to the Websites or to other users or persons through or using the Websites (“User Generated Content”). You are entirely responsible for all User Generated Content You submit, post, publish, display, or otherwise transmit on or through the Websites. elerGreen is not responsible or legally liable to any third party for the content or accuracy of any User Generated Content submitted, posted, published, displayed, or otherwise transmitted on or through the Websites by You or any other user of the Websites. Any and all User Generated Content must comply with all applicable laws, regulations, and these Terms of Use.

User Generated Content may be removed, hidden, edited, or otherwise altered at the sole discretion of elerGreen for any or no reason, with or without notice, and at any time. However, elerGreen has no obligation, nor any responsibility to any party to monitor the Websites or its use, and does not and cannot undertake to review User Generated Content. elerGreen cannot ensure prompt removal of objectionable material, including User Generated Content, and elerGreen has no liability for any action or inaction regarding transmissions, communications, or content, including User Generated Content, provided by any user of the Websites or third-party, subject to applicable laws.

The discretion of elerGreen will be informed, but not limited by, the following guidelines for inappropriate User Generated Content. User Generated Content may be deemed inappropriate by elerGreen if it contains, depicts, includes, discusses, encourages, or involves, without limitation:

  • Material or conduct that is illegal, exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age, or other such legally prohibited ground;
  • Any false, inaccurate, or misleading information, or the impersonation or attempted impersonation of elerGreen, an employee of elerGreen, another user of the Websites, or any other person or entity;
  • Conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by elerGreen in its sole discretion, may harm elerGreen or users of the Websites, or expose either to liability;
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; or
  • Material or conduct that is otherwise objectionable, as determined by elerGreen at its sole discretion.

By submitting, posting, publishing, displaying, or otherwise transmitting any User Generated Content on or through the Websites, You agree to grant elerGreen, its successors, and assigns, and elerGreen’s affiliates and service providers as necessary, a worldwide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, copy, and otherwise disclose for any purpose any User Generated Content You submit, post, publish, display, or otherwise transmit on or through the Websites. You waive all moral rights in any such User Generated Content.

2.3 Ordering and Purchases

You may be able to purchase products on the Websites and Your purchase of any such goods will be governed by this subsection 2.3, subject to any additional terms relating to a particular product (“Additional Terms”), which will be made available to You at or before Your time of ordering and will prevail over these Terms of Use in the event of a conflict.

By selecting a product, quantity, colour, and/or any other features required to be selected by You, providing Your provided method of payment, and completing the steps required of You during the check-out process, You can place an order for a product on the Websites. You may receive an email confirming that such order has been received by elerGreen, however: (a) any such order confirmation provided to You by elerGreen does not constitute an acceptance of Your order; and (b) elerGreen reserves the right, at its sole discretion, to accept or reject any order prior to shipment of that order. Without limiting the foregoing sentence, elerGreen may reject all or a portion of Your order because of the unavailability of the ordered product or products for purchase, errors in product pricing information, or a product recall for one or all of the products You ordered. Shipment and processing of payment for each product in Your order will constitute elerGreen’s acceptance of that portion of Your order.

elerGreen does not represent or warrant that any products description, image, or other such content on the Websites is accurate, complete, reliable, or current. If You deem that a product You purchased on the Websites is not as described on the Websites, Your sole recourse is to return that product to elerGreen for a refund. Please direct such return inquiries to admin@elergreen.com. To extent legally permissible, the only warranties and conditions provided to You with respect to any particular product are those warranties and conditions described on the Websites.

By placing an order for a product or products on the Websites, and specifically by confirming your order at the conclusion of the check-out process, You agree to pay elerGreen the total amount set-out at the time You confirm Your order. All prices quoted on the Websites, including the prices for products and shipping, are in Canadian dollars unless otherwise explicitly stated. Your provided method of payment will be charged for Your order or for each product in Your order as each portion of Your order is accepted by elerGreen and shipped. elerGreen reserve the right to reject Your order where the price of an ordered product has changed or was misstated on the Websites; You may be provided an opportunity to accept such price change and continue with Your order. You are required to pay for all products shipped to You by elerGreen, even where such product is shipped to You as a result of an error by elerGreen, unless You return such product to elerGreen within 14 calendar days of Your receipt thereof. All payments owed by You are due no more than 30 calendar days after Your receipt of the product and/or order and elerGreen reserves the right to charge interest on any amounts owed but not paid by You within such time at the lower of 1.5% or the maximum rate permitted by law.

All information provided by You to elerGreen during the check-out process must be truthful, accurate, and complete for the purposes for which such information was requested. By providing payment information to elerGreen, You represent and warrant that You are the authorized owner of such payment method.

elerGreen may use third-party carriers to ship and deliver the products You order and elerGreen is not responsible for any loss or damage to any such products after elerGreen has delivered the products to a third-party carrier. Products You order may be shipped in one or multiple packages. Shipping costs provided to You during the check-out process are estimates only and are realized by elerGreen at the time of shipping. You agree to pay all shipping costs unless otherwise stated by elerGreen at the time of Your order, including without limitation any increase in the price of shipping or any duties or other such taxes.

elerGreen will respect any certain legal rights You have with respect to Your order under applicable consumer protection laws. For information on elerGreen’s exchange and returns policy, contact admin@elergreen.com.

3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

The Websites and all the content of the Websites (including without limitation all information, reports, data, databases, graphics, interfaces, web pages, text, files, software, code, product names, company names, trademarks, logos, trade names, any other intellectual property contained on the Websites but excluding User Generated Content), the manner in which such content is presented or appears and all information relating thereto, and the Websites’s features and functionality (collectively, the “Websites IP”) are owned by elerGreen, its licensors, or other providers of such Websites IP, and are protected in all forms by intellectual property laws, including without limitation copyright, trademark, patent, trade secret, industrial design, and any other proprietary rights.

You agree that, except as explicitly authorized by elerGreen, You will not:

  • Distribute the Websites IP for any purpose, including without limitation by compiling an internal database, or by redistributing or reproducing the Websites IP by the press or media or through any commercial network, cable, or satellite system;
  • Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, either directly or indirectly, the Websites IP in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise; or
  • Allow any third-party to access the Websites IP.

4. ENFORCEMENT, SUSPENSION, AND TERMINATION

elerGreen may in its sole discretion for any or no reason, with or without notice, and at any time:

  • Terminate these Terms of Use;
  • Limit, suspend, or terminate Your access to or use of the Websites;
  • Take technical and legal steps to prevent You from accessing or using the Websites; or
  • Remove or otherwise modify any User Generated Content.

Any such termination or action by elerGreen shall be in addition to and without prejudice to such rights and remedies as may be available to elerGreen, including injunction and equitable remedies. Any terms of these Terms of Use which are necessary to give effect to the rights of elerGreen under these Terms of Use or that contemplate survival beyond termination shall survive, except to the extent not permitted by law.

5. INDEMNITY

To the maximum extent permitted by applicable law, You agree at all times to indemnify, defend, and hold harmless elerGreen, its agents, affiliates, partners, and its and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, actions, proceedings, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal and other fees and disbursements) sustained, incurred, or paid by elerGreen, or arising out of or relating to Your breach of these Terms of Use or Your access or use of the Websites, including without limitation any User Generated Content You submit, post, publish, display, or otherwise transmit on or through the Websites, and Your access to, use, or misuse of the Websites or any content on the Websites.

6. LIMITATIONS ON LIABILITY AND DISCLAIMER

6.1 Limitations on Liability

EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELERGREEN, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS, EVEN IF ELERGREEN OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES ELERGREEN MAY MAKE TO THE WEBSITE OR TO ANY CONTENT ON THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING USER GENERATED CONTENT; (C) YOUR FAILURE TO PROVIDE ELERGREEN WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWARD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, IF ELERGREEN IS FOUND TO BE LIABLE FOR ANY REASON, ELERGREEN’S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (Y) THE TOTAL FEES SUCH PARTY MADE TO ELERGREEN IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; AND (Z) $150 CAD.

6.2 Availability, Completeness, and Quality

You understand and agree that the Websites, any content on the Websites, and any services or items found or attained through the Websites are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for particular purpose, or non-infringement.

Except as otherwise expressly required by applicable law, elerGreen makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Websites or any content on the Websites, including without limitation as to completeness, security, reliability, suitability, accuracy, availability, or currency of the Websites or any content on the Websites, that the Websites or any content on the Websites will be free from bugs, errors, or omission, or as to the satisfactory quality or fitness of the Websites or any content on the Websites for a particular purpose. elerGreen assumes no obligation to update the Websites or any content on the Websites. The Websites or any content on the Websites may be changed without notice to You.

To the maximum extent permitted by applicable law, elerGreen excludes all liability (whether arising in contract, tort, breach of statutory duty, or otherwise), which elerGreen may otherwise have to You as a result of any error or inaccuracies in the Websites or any content on the Websites, the unavailability of the Websites for any reason, or any representation or statement made on or through the Websites or any content on the Websites.

elerGreen is not responsible for any content on the Websites, including User Generated Content, that You may find undesirable or objectionable.

6.3 Downloads

elerGreen cannot and does not guarantee or warrant that files or data available for downloading on, through, or as a result of the Websites will be free of viruses or other destructive code. You are solely and entirely responsible for Your use of the Websites and Your computer, Internet, and data security. To the fullest extent provided by law, elerGreen will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials that may infect Your computer equipment, computer programs, data, or other proprietary material due to Your use of the Websites or any services or items found or attained on, through, or as a result of the Websites or to Your downloading of any material posted on or through the Websites, or on any website linked to the Websites.

6.4 Third-Party Sites

The Websites or content on the Websites may contain links to third-party sites. elerGreen does not assume responsibility for the accuracy or appropriateness of, and has no control over, the information, data, opinion, advice, or statements contained at such sites, and makes no representations about any such websites that may be accessed from the Websites or from any content on the Websites. Where You access such sites, You acknowledge and agree You are doing so at Your own risk. Your use of a third-party site may be governed by the terms and conditions of such site.

In providing links to third-party sites, elerGreen is in no way acting as a publisher or disseminator of any material contained on those sites and does not and does not seek to monitor or control such sites.

A link to a third-party site does not mean and should not be construed to mean that elerGreen is affiliated or associated with such third-party in any way. elerGreen does not recommend or endorse any material found on such third-party sites. The mention of another party or its product or service on the Websites or in any content on the Websites is not and should not be construed as an endorsement of that party or its product or service.

6.5 No Reliance

Any reliance You may place on the Websites or any content available on, through, or as a result of the Websites is at Your own risk. Any content provided by elerGreen on, through, or as a result of the Websites is provided for general information purposes only and to inform You about elerGreen and elerGreen’s products, news, features, services, and other websites. Such content does not constitute technical, financial, or legal advice, or any other type of advice, and should not be relied on for any purpose. You agree to apply Your own judgment or obtain specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Websites or any content on the Websites, including User Generated Content, including without limitation the use of the Websites or any content on the Websites, including User Generated Content, as the basis for any conclusions.

6.6 No Offer of Sale

Unless explicitly stated, the Websites and the content on the Websites are not to be construed as an offer to sell any product or service.

6.7 Force Majeure

elerGreen shall have no liability to You for any breach of these Terms of Use caused by any event or circumstances beyond elerGreen’s reasonable control including without limitation strikes, lock-outs and other industrial disputes, breakdown of systems or network access, disease, flood, fire, explosion, or accident.

7. RELEASE

If You have a dispute with one or more other users of the Websites, You release elerGreen, its affiliates, and licensors (and its and their directors, officers, employees, agents, and subsidiaries) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

8. PRIVACY

The use by elerGreen of Your personal information is governed by elerGreen’s privacy policy (“Privacy Policy”), which can be found at https://elergreen.com/privacy-policy/ or https://elergreen.square.site/privacy-policy. By using elerGreen’s Websites or by submitting Your personal information, including User Generated Content, on or through the Websites, You consent to the collection, use, and disclosure of Your personal information in accordance with the terms of the Privacy Policy.

9. GENERAL

9.1 No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use.

9.2 Governing Law, Jurisdiction, and Attornment

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law provision, principle, or rule, and notwithstanding Your domicile, residence, or physical location.

For the purpose of all legal proceedings, these Terms of Use shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have jurisdiction to entertain any action arising under or out of these Term of Use. You and elerGreen agree to irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Ontario. You further waive any and all objections to the exercise of jurisdiction over You by such courts and to the venue of such courts.

You agree to waive any right You may have to a trial by jury or to commence or participate in any class action against elerGreen related to the Websites or any content on the Websites, including User Generated Content, or these Terms of Use.

9.3 Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

9.4 Severability

Any term of these Terms of Use that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms of Use, all without affecting the remaining terms of these Terms of Use or affecting the validity or enforceability of such terms in any other jurisdiction. Nothing in these Terms of Use shall operate to prejudice any mandatory statutory requirement or Your statutory rights.

9.5 Entire Agreement

These Terms of Use together with the Privacy Policy and other documents referred to herein contain the entire understanding and agreement between Us in relation to Your use of the Websites, and supersede and replace all prior and contemporaneous understandings, agreements, representation, statement, or other communication made by You or elerGreen, whether written or oral, that is not contained herein.

9.6 Notices

The Websites are jointly operated by elerGreen Industry Corporation, with registered office address of 1464 Queen Street West, Toronto, Ontario M6K 1M2, Canada, and elerGreen Industry Sendirian Berhad, with registered office address of 33-01-02, Jalan Mewah Ria 5/1, Taman Bukit Mewah, 81200 Johor Bahru, Johor, Malaysia.

You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with elerGreen or have purchased a product or service from elerGreen, elerGreen will send You information and documents to the e-mail address in Your account profile on the Websites or provided in the course of purchasing such product or service. You will send information and documents to elerGreen by email to admin@elergreen.com.

Every notice that You are required or permitted to provide under these Terms of Use to elerGreen shall be in writing and provided to admin@elergreen.com. All notices from elerGreen to You will be displayed on the Websites from time to time.

9.7 Assignment

You may not assign, sublicense, or otherwise transfer any of Your rights and obligations in these Terms of Use to any other person.