TERMS OF SERVICE
OVERVIEW
This
website is operated by Hue Farm Sdn Bhd (“Hue Farm”). Throughout the site, the
terms "we", "us" and "our" refer to Hue Farm. Hue
Farm offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated here.
By
visiting our site, you engage in our "Service" and agree to be bound
by the following terms and conditions ("Terms of Service",
"Terms"), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/or contributors of content.
Please
read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms
of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services.
If
these Terms of Service are considered an offer, acceptance is expressly limited
to these Terms of Service.
Any
new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update, change
or replace any part of these Terms of Service by posting updates and/or changes
to our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
SECTION
1 – STORE TERMS
By
agreeing to these Terms of Service, you represent that you are at least the age
of majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.
You
may not use our products for any illegal or unauthorised purpose nor may you,
in the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright laws).
You
must not transmit any worms or viruses or any code of a destructive nature.
A
breach or violation of any of the Terms will result in an immediate termination
of your Services.
SECTION
2 – GENERAL CONDITIONS
We
reserve the right to refuse service to anyone for any reason at any time.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service or any contact on the
website through which the service is provided, without express written
permission by us.
The
headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
SECTION
3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We
are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for making
decisions without consulting primary, more accurate, more complete or more
timely sources of information. Any reliance on the material on this site is at
your own risk.
This
site may contain certain historical information. Historical information, necessarily,
is not current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to
update any information on our site. You agree that it is your responsibility to
monitor changes to our site.
SECTION
4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices
for our products are subject to change without notice. We do our best to ensure that our system provides accurate
information on the prices of products available on this site.
Where applicable, you shall be charged
according to the prices stated on this site and such other miscellaneous fees
such as delivery fees, administrative fees, returning fees, and etc. inclusive
of goods and service tax (GST).
We
reserve the right at any time to modify or discontinue the Service (or any part
or content thereof) without notice at any time.
We
shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION
5 – PRODUCTS OR SERVICES
Products
or services are available exclusively online through the website. These
products or services may have limited quantities and are subject to exchange
only according to our Exchange Policy.
We
have made every effort to display as accurately as possible the colours and
images of our products that appear at the store. We cannot guarantee that your
computer monitor's display of any colour will be accurate.
We
do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION
6 – VOUCHERS, DISCOUNTS AND PROMOTIONS
From
time to time, we may run marketing and promotional campaigns which offer voucher
codes, discounts and other promotional offers to be used only on this site (“Vouchers”).
Vouchers are subject to validity periods, redemption periods and in certain
cases, may only be used once.
Vouchers
cannot be exchanged for cash and may not be valid when used in conjunction with
other promotions, discounts or other coupons. We may apply additional terms and
conditions to Vouchers.
We
reserve the right to void, discontinue or reject the use of any Voucher without
prior notice.
SECTION
7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you
place with us. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit
card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the email and/or billing
address/phone number provided at the time the order was made.
You agree to provide current, complete and
accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your
email address and credit card numbers and expiration dates so that we can
complete your transactions and contact you as needed.
SECTION
8 – OPTIONAL TOOLS
We
may provide you with access to third-party tools over which we neither monitor
nor have any control nor input.
You
acknowledge and agree that we provide access to such tools "as is"
and "as available" without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any
use by you of optional tools offered through the site is entirely at your own
risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).
We
may also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service.
SECTION
9 – THIRD-PARTY LINKS
Certain
content, products and services available via our Service may include materials
from third-parties.
Third-party
links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We
are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with
any third-party websites. Please review carefully the third-party's policies
and practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
SECTION
10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If,
at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, “comments”), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We
may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party's intellectual property or these Terms of Service.
You
agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false email address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION
11 – PERSONAL INFORMATION
Your
submission of personal information through the website is governed by our
Privacy Policy.
SECTION
12 – ERRORS, INACCURACIES AND OMISSIONS
We
undertake no obligation to update, amend or clarify information in the Service
or on any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
SECTION
13 – PROHIBITED USES
In
addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any of
the prohibited uses.
SECTION
14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We
do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We
do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You
agree that from time to time we may remove the service for indefinite periods
of time or cancel the service at any time, without notice to you.
You
expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and services delivered to you through
the service are (except as expressly stated by us) provided “as is” and “as
available” for your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In
no case shall Hue Farm and Jelebu Hub, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of
any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including,
but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
SECTION
15 – INDEMNIFICATION
You
agree to indemnify, defend and hold harmless Hue Farm and Jelebu Hub,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party.
SECTION
16 – SEVERABILITY
In the
event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION
17 – TERMINATION
The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These
Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you
no longer wish to use our Services, or when you cease using our site.
If
in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
SECTION
18 – ENTIRE AGREEMENT
The
failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These
Terms of Service and any policies or operating rules posted by us on this site
or in respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service).
Any
ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION
19 – GOVERNING LAW
These
Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of Malaysia.
SECTION
20 – CHANGES TO TERMS OF SERVICE
You
can review the most current version of the Terms of Service at any time at this
page.
We
reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION
21 – CONTACT INFORMATION
Questions
about the Terms of Service should be sent to us at info@hue.farm.