Terms and Conditions
Please read these terms and conditions carefully before using our website.
Last Updated: June 9, 2025
1. Introduction
Welcome to DurianPenang.com ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website located at https://durianpenang.com (the "Service") operated by DurianPenang.com.
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.
2. Acceptance of Terms
By accessing and using DurianPenang.com, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
Your continued use of the website following the posting of changes to these terms will be deemed your acceptance of those changes.
3. Important Notice About Information Accuracy
IMPORTANT: All information on this website is provided for informational purposes only. Durian availability, pricing, farm locations, operating hours, and other details may change frequently without notice. Always verify information directly with sellers before making any visit or purchase.
4. Website Purpose
DurianPenang.com is a personal website that provides information about durian varieties, farms, locations, seasonal availability, and related content in Penang, Malaysia. The information is provided for educational and informational purposes.
5. User Responsibilities
Users of this website agree to:
- Use the website for lawful purposes only
- Not attempt to gain unauthorized access to any part of the website
- Not transmit viruses, malware, or other harmful code
- Respect intellectual property rights
- Verify information independently before acting upon it
- Contact durian sellers and farms directly to confirm current prices, availability, and services
5.1 Account Accuracy
If you create an account or provide information to us (such as through contact forms or newsletter subscriptions), you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your information to keep it accurate and complete
- Be responsible for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
6. Intellectual Property Rights
The content on DurianPenang.com, including but not limited to text, graphics, logos, images, and software, is the property of DurianPenang.com or its content suppliers and is protected by intellectual property laws.
6.1 User-Generated Content
If you submit, post, or provide any content to our website (including comments, reviews, photos, or other materials), you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, publicly display, and distribute such content in connection with our services.
You represent that you own or have the necessary rights to submit such content and that it does not violate any third-party rights or applicable laws.
6.2 Image Sources and Copyright
Image Usage Notice: Some images used on DurianPenang.com are sourced from publicly available online resources believed to be in the public domain or used under fair use provisions for educational and informational purposes.
If you are the copyright owner of any image displayed on our website and wish to have it properly credited or removed, please contact us through our contact page. We will promptly address your request and take appropriate action.
7. Data Sources and Accuracy
7.1 Information Sources
Information on DurianPenang.com is compiled from various sources, including:
- Personal experiences and observations
- Public information from durian farms and sellers
- User submissions and community contributions
- Third-party sources and publications
- Online research and publicly available information
7.2 No Guarantee of Accuracy
DISCLAIMER: We do not guarantee the accuracy, completeness, timeliness, or reliability of any information displayed on our website.
Information about durian varieties and locations, including but not limited to taste descriptions, texture characteristics, prices, seller services, durian availability, operating hours, contact details, and other data, may be outdated, incorrect, or incomplete.
Durian sellers and farms frequently update their prices, availability, services, and business practices. These changes may not be immediately reflected on our website. Market conditions, seasonal variations, and other factors can cause rapid changes in the durian industry.
8. Use License
Permission is granted to temporarily download one copy of the materials on DurianPenang.com for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials
- use the materials for any commercial purpose or for any public display (commercial or non-commercial)
- attempt to decompile or reverse engineer any software contained on the website
- remove any copyright or other proprietary notations from the materials
9. Content Disclaimer
The information on this website is provided on an "as is" basis. We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of the information, including but not limited to:
- Durian availability, pricing, or quality
- Farm locations, operating hours, or contact information
- Seasonal information or harvest predictions
- Recipe results or nutritional information
Users should verify all information independently before making decisions based on content found on this website.
10. Disclaimer of Warranties
DurianPenang.com is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, we disclaim all warranties including without limitation:
- Any warranties regarding the availability, accuracy, or completeness of content
- Any warranties that the website will be accessible, uninterrupted, or error-free
- Any warranties regarding the quality, accuracy, or fitness for purpose of any information or service
- Any warranties that defects will be corrected or that the website is free from viruses or other harmful components
11. Commercial Content and Advertising
This website may contain:
- Paid or sponsored listings of durian farms and vendors
- Third-party advertisements (including Google AdSense)
- Affiliate links to products or services
- Promotional content
We strive to clearly identify sponsored or paid content where applicable. However, the inclusion of any business or product on this website does not constitute an endorsement or guarantee of quality, service, or reliability.
12. Third-Party Content and Links
Our website may contain links to third-party websites, services, or content that are not owned or controlled by DurianPenang.com. We have no control over, and assume no responsibility for:
- The content, privacy policies, or practices of any third-party websites or services
- The accuracy or availability of external content
- Any transactions between you and third-party providers
- The quality of products or services offered by third parties
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.
13. Limitation of Liability
In no event shall DurianPenang.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this website, even if DurianPenang.com or its authorized representative has been notified orally or in writing of the possibility of such damage.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless DurianPenang.com, its officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:
- Any violation of these Terms and Conditions by you
- Your use of our website or services
- Any content you submit, post, or transmit through our website
- Any violation of any rights of another party
- Any breach of the representations, warranties, and covenants made by you herein
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
15. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Malaysia, and you irrevocably submit to the exclusive jurisdiction of the courts in that state or location.
16. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.
17. Final Important Disclaimer
USE AT YOUR OWN RISK
DurianPenang.com is an informational website only. We are not responsible for any decisions made based on the information provided on our website.
All information is provided "as is" without warranty of any kind. Users assume full responsibility for any actions taken based on website content.
ALWAYS VERIFY
Before making any visit, purchase, or financial commitments, always contact sellers/durian farmers directly to verify current information, including but not limited to:
- Current prices and availability
- Operating hours and seasonal schedules
- Location and directions
- Contact information and booking requirements
- Quality standards and return policies
- Payment methods and terms
- Health and safety protocols
- Parking and accessibility
Sellers and durian farmers frequently update their offerings, prices, and business practices. Our information may not reflect the most current changes due to the dynamic nature of the durian industry.
18. Contact Information
If you have any questions about these Terms and Conditions, please contact us through our contact page.