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Definition

“Application” means the mobile application, rendering the Services, provided under trademark and/or tradename HAROCT or any other trademark and/or tradename possessed by Haroct or any of its affiliates;

“Haroct” means Harvest Octopus Sdn Bhd, incorporated under the laws of Malaysia, has the registered number 201801006993;

“Products” means any goods available for sale on Haroct’s Website and Application, including but not limited to meat, fruit, vegetable, preserve food, dried food, ingredients, seasoning, any related products, and, etc;

“Services” means Haroct’s sale of goods, delivering service, and any related services provided through Haroct’s Website and Application;

“User” or “Users” means any user who explores or visit Haroct’s Website and Application, or uses Haroct’s Services, including both of natural person and the juristic person.

“Website” means the website with domain name www.haroct.com.my or any other domain name assigned, changed, or notified by Haroct or any of its affiliates;

  1. Haroct e-Marketplace

Haroct e-Marketplace is an online platform on Website and Application, offering by the Sellers to the Users wide range of food and related Products, including but not limited to meat, fruit, vegetable, preserve food, dried food, ingredients, seasoning, etc. Our Services rendered also includes the delivery service from the Sellers and/or Haroct’s inventory directly to your homes, restaurants and any other specified venues.

  1. Membership and Account

Users. The Users must be at least 18 years old to be entitled to use our Services. Otherwise, the Users under 18 years may only use the Services under supervision of a parent or legal guardian. Registering new account for an individual/a natural person, Haroct does not have requirement on an identity verification. As such, Haroct cannot guarantee the true identity, name, age, nationality, and address of Users. It shall be deemed that all transactions and orders made through the User’s account is made by an adult or with supervision of the parents/guardians and that the purchase is legally binding and completed.

Compliance. By browsing Haroct’s Website and Application and using Haroct’s Services, the Users is subject to accept and comply with all Haroct’s terms, conditions, policies provided through, as well as its revision published on, Website and Application from time to time. The Users is also subject to comply with the applicable laws regarding to the Services rendered.

Account and Password. It is important that the Users keep their account username and password private and secured. As the account contains personal information of the Users such as billing and payment information, the individual Users must not share their account and password with other persons. The Users have sole responsibility on their activity conducted or committed through their account. Any use of account by other persons whom shared the account and password with shall not be deemed as an excuse to deny any responsibility of the account owner or User.

Juristic Users. For the account of the juristic persons, the Users warranty that the registering of the account for Haroct’s Service (i) fall within the scope of business registered with Department of Business Development, Ministry of Commerce, (ii) is legally binding to such juristic person, and (iii) is acknowledged and authorized by the authorized persons. The account is not transferable or able to change the account owner to other legal entity. The Users accept and agree that any privilege or benefit offered for certain juristic Users are exclusive and shall not be transferable or assignable to any other Users, unless Haroct agrees otherwise.

  1. Services and Fee

Service Fee. Haroct currently provides each User’s exploration and usage of Haroct’s Website and Application without any administrative fee charged. Also, we provide the free membership for all Users with no subscription fee, regardless as to whether there is any purchase or transaction made through the account of the Users or not. However, our business model, Services and policy regarding to the fee charged are subject to changed from time to time at Haroct’s sole discretion. In such case, Haroct shall send you an advance notification of the change via Haroct’s Website and Application prior to the actual charge.

Haroct may also temporarily change the Fees and Services for its services for promotional events from time to time; such changes are effective when Haroct posts the temporary promotional event on Website and Application. In the event Haroct introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees shall be quoted in Ringgit (RM). Once Haroct imposes the service fee, the Users shall be responsible for the applicable taxes associated with using the Services. All fees shall be inclusive of Malaysia VAT where applicable.

Account Termination. In the event that the Users terminate their account, the Users shall remain responsible for the fee and payment incurred and pending prior to the account termination, including the penalties fee for the late payment.

  1. Purchase Conditions

By making an order or purchase of Products through Haroct’s Website or Application, the Users agree to be bound by the “Terms and Conditions for Purchase of Products”.

You may need your own Haroct account to use our Services, and you may be required to be logged into the account and have a valid payment method associated with it.

Notwithstanding the above, in respect of ordering any alcoholic beverages, Haroct will only sell such products, through its website or application, to verified users in a type of restaurant (“Restaurant Users”) for the purpose of trading between business and business, which also known as Business to Business (B2B). In addition, Haroct will not sell such products directly to consumers or users in a type of customer, in any way. In such a case, Restaurant Users represent and warrant that they will purchase such products only for the purposes specified in this paragraph and legally, completely, obtain license consents, approvals permits and registration (if required) from government agencies which is still enforceable without expiration cancellation or withdrawn necessary for the sale of such products.

  1. Photograph of Products

Haroct does not have ownership rights in the photographs of Products. The photographs are provided by the Sellers of which warrant to Haroct that the Sellers own the legal right to use, display, and/or allow Haroct to use and display these photographs on Haroct’s Website and Application. In this regard, the Sellers have granted Haroct a non-exclusive, worldwide, perpetual, irrevocable, royalty free right to display the photograph on Haroct Website and Application for the purpose of Services provision herein.

  1. Intellectual Property Rights

Other than the photographs of Products, any graphics, logos, designs, page headers, button icons, scripts provided in Haroct’s Website and Application, as well as the Tradenames and service names are belong and registered under the name of Polar Bear Mission Company Limited and/or its affiliates. Haroct’s copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used by the Users and any other persons, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

  1. Breach

Notwithstanding any other remedies and claims made or to be made by Haroct, Haroct may immediately, without notice, and without fee refund (if any), temporarily suspend accounts of the Users, temporarily or indefinitely suspend the Users’ privileges, terminate the User’s account, prohibit the User’s access to the Website and Application, and take technical and decline to provide Services to such Users when the Breach Event occurs.

Breach Event. It shall be deemed that the Breach Event occurs when (i) Haroct suspects that the User has breached any covenant of this Terms of Use, Privacy Policy, Terms and Conditions for the Purchase of Products, or other policy documents and community guidelines incorporated herein, (ii) Haroct believes that the User has engaged in fraudulent activity in connection with the use of Services, or the actions may cause legal liability or financial loss to Haroct and/or other Users, (iii) Haroct believes that the User has used Haroct name, tradename or trademark in the manner that is hazardous to Haroct or its affiliates without Haroct’s prior written consent, or (iv) when Haroct believes that the User has purchased alcoholic beverages for any purpose other than specified in the purchase conditions above; or breach of represents and warranties for such purchases.

  1. Privacy

Please see Haroct’s Privacy Policy in a separate page.

  1. No Warranty

The users agree and acknowledge that Haroct, Haroct’s officers, directors, employees, and suppliers provide Haroct’s website, application and services on “as is” basis and without any warranty or condition, express, implied or statutory that there will be no bug, error or virus. Haroct, freshet’s officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. in addition, no advice or information (oral or written) obtained by the users from Haroct shall create any warranty.

  1. Liability

In no event shall Haroct, and (as applicable) Haroct’s officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of the users or anyone else in connection with the use of Haroct’s services, or this terms of use, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages. Haroct’s liability, and (as applicable) the liability of Haroct’s officers, directors, employees, and suppliers, to the users or any third parties in any circumstance is limited to the greater of (a) the amount of fee (as opposed to the products payment) you pay to Haroct in the 12 months prior to the action giving rise to liability, or (b) thb 2,000 (two thousand baht).

  1. Indemnity

The users agree to indemnify and hold Haroct and (as applicable) its affiliates, Officers, Directors, Agents, and Employees, Harmless from any civil and criminal claim or demand, Including legal fees, Made by any third party due to or arising out of the users’ breach of this terms of use, any applicable law, and the rights of a third party.

  1. Legal Compliance and Taxes

The Users shall comply with all applicable laws and regulations regarding your use of Haroct’s Website, Application and Services. In addition, the Users shall be responsible for any and all taxes applicable to the Users’ purchases or use of Services on Haroct’s Website and Application.

  1. Severability

If any part of provision provided in this Terms of Use is held unenforceable, then the Users agree that such part of provision will be modified by Haroct to reflect the parties’ intention. All remaining provisions of this Terms of Use shall remain in full force and effect.

  1. No Agency

Haroct are independently provide e-Marketplace and Services. Haroct shall not be deemed as the agent, contractor, employee and there is no agency, partnership, joint venture, or franchiser-franchisee relationship is intended or created between Haroct and the Sellers, or the Users.

  1. Change of Services

Haroct reserves the right to modify or terminate its services for any reason, without notice, at any time. Haroct reserves the right to alter these Terms of Use or other policies at any time, so please review the policies frequently. If Haroct makes a material change Haroct will notify the Users through the Website and Application, or by email, by means of a notice on our home page, or other places Haroct deems appropriate. What constitutes a “material change” will be determined at Haroct’s sole discretion, in good faith, and using common sense and reasonable judgment.

  1. Notices

Except as explicitly stated otherwise, any notices must be sent through Haroct’s Website and/or Application, Haroct’s official, or by post to Haroct’s registered office as provided below

Haroct’s Registered Office:

Harvest Octopus Sdn Bhd

8-1-3 D’Orient Mall, Gat Lebuh Macallum,

George Town, 11300 Penang, Malaysia

Please note that Haroct will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable.

  1. Dispute Resolution

The Users must first reach out to or contact Haroct directly to file any complains or any dispute. Haroct, for the benefit of Users, may try to help users resolve the disputes. Any dispute arising from or relating to this Terms of Use or the use of Haroct’s Services shall be subject to the exclusive jurisdiction of the courts of Malaysia.

  1. Governing Law

This Terms of Use shall in all respects be interpreted and governed by the laws of Malaysia.