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Term And Condition

About Harimau Fresh

I. General Information

II. Product Terms & Conditions

I. General Information

a. Ownership

This website harimaufresh.com is owned and operated by HARIMAU MART SDN. BHD.

 

b. Access & Use

Your access to, and use of the materials contained in, the Harimau Fresh Website is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the Harimau Fresh Website (“Terms and Conditions”).

 

c. Amendments

Harimau Mart reserves the right to amend the Terms and Conditions without notice at any time. Your use of our Harimau Fresh Website following such changes constitutes your agreement to be bound by the new Terms and Conditions.

 

d. Registration

To register with the Harimau Fresh Website, you must be over eighteen (18) years of age. You must ensure that the details provided by you on registration or at any time are correct and complete.

 

e. Information Collected & Use of Information

Harimau Mart collects the details provided by you on registration together with information we learn about you from your use of our service and your visit to Harimau Fresh Website.


f. Intellectual Property

The content of the Harimau Fresh Website is protected by copyright, trademarks, database and other intellectual property rights. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Harimau Fresh Website without written permission from Harimau Fresh Website.

No licence is granted to you in these Terms and Conditions to use any trade mark of Harimau Mart & Harimau Fresh.

 


g. Limitations

You may not use the Harimau Fresh Website for any of the following purposes:

i.        Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

ii.      Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

iii.    Gaining unauthorised access to other computer systems;

iv.    Interfering with any other person's use or enjoyment of the Harimau Fresh Website;

v.      Breaching any laws concerning the use of public telecommunications networks;

vi.    Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

i.        Any claim by any third party that the use of the Harimau Fresh Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

ii.      Any claim by any third party that the use of the Harimau Fresh Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and

iii.    Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Harimau Fresh Website by you.

 

h. Availability of the Harimau Fresh Website

Although Harimau Fresh Website aims to offer you the best service possible, Harimau Fresh Website makes no promise that the services at the Harimau Fresh Website will meet your requirements. Harimau Fresh Website cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at hello@harimaufresh.com and we will attempt to correct the fault as soon as we reasonably can.

Your access to the Harimau Fresh Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Harimau Fresh Website will attempt to restore the service as soon as it reasonably can.



i. Harimau Fresh Website's right to suspend or cancel your registration

Harimau Fresh Website may suspend or cancel your registration immediately at our sole discretion without assigning any reason whatsoever.  You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Harimau Fresh Website. The suspension or cancellation of your registration and your right to use the Harimau Fresh Website shall not affect either party’s rights or liabilities.

 

j. Harimau Fresh Website's liability

The Harimau Fresh Website is provided by Harimau Mart without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability of fitness for a particular purpose. You must bear the risks associated with the use of the Internet.

Harimau Mart will ensure that information or material included on the Harimau Fresh Website is correct, reputable and of high quality. Harimau Mart will not be responsible for any errors or omissions or for the results obtained from the use of information or for any technical problems you may experience with the Harimau Fresh Website. If Harimau Mart is informed of any inaccuracies in the information or material on the Harimau Fresh Website, Harimau Mart will attempt to correct the inaccuracies as soon as it reasonably can.

In particular, Harimau Mart disclaim all liabilities in connection with the following:

i.        Incompatibility of the Harimau Fresh Website with any of your equipment, software or telecommunications links;

ii.      Technical problems including errors or interruptions of the Harimau Fresh Website;

iii.    Unsuitability, unreliability or inaccuracy of the Harimau Fresh Website;

iv.    Inadequacy of the Harimau Fresh Website to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Harimau Fresh Website.

 

k. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.

 

l. International Use

Harimau Mart makes no promise that materials on the Harimau Fresh Website are appropriate or available for use in locations outside Malaysia, and accessing the Harimau Fresh Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws.

m. Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Harimau Fresh Website ignores this, Harimau Mart will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Harimau Mart shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

 

II. Product Terms & Conditions

a.General

These Product Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be decided only by the Malaysian courts.

If any of these Product Terms & Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms & Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

Please read these Product Terms & Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which Harimau Mart makes the products available to you ("Product Terms").

 

b. Prices

Please note that the prices on Harimau Fresh website are guide prices only and are only approximate. The total guide price shown in the Customer’s shopping trolley and order confirmation email may differ from the Customer’s final bill.

The actual price the Customer pays will be the price charged in store at the time the Customer’s order is picked for delivery. The actual order value cannot be determined until the day of delivery because the prices stated on the website may vary either above or below the prices in store on the day your order is picked and delivered.

At the time of delivery, the price of certain items may differ from the price quoted on the Harimau Fresh website. If the value of the items delivered is higher than the value stated in the order confirmation or if the Customer considers that the difference between the price charged and the guide price shown on the Harimau Fresh website is unacceptable, the Customer has every right to reject the goods. The amount for the goods that are rejected shall not be charged to the Customer’s payment card, if the Customer has provided payment card details in advance in order to pay online.

The cost of the services is not included in the price of the goods. The information about the cost of the services is available on the Harimau Fresh website once the Customer books a delivery slot.

 

c. Availability

The availability of the goods presented on the Harimau Fresh website depends on stock in stores and Harimau Mart does not guarantee the availability of goods.

On delivery, any unavailability of goods that need near similar substitution must be agreed before confirmation of orders.


d. Acceptance

There will be no contract of any kind between the Customer and Harimau Mart unless and until Harimau Mart actually dispatches the goods to Customer. Customer’s order is an offer to buy from Harimau Mart.

The Harimau Fresh service is available for non-commercial and domestic use only. Harimau Mart reserves the right to refuse orders from businesses or that we consider are for commercial or other non-domestic concerns.

To ensure availability of all our products customers may be limited to a maximum number of items.

 

e. Delivery charges, time, policy

Delivery will be made to the address specified by Customer on the completed order form, only once payment is confirmed received by Harimau Mart.

In an event where Harimau Mart has been notified to leave your order on your doorstep, Harimau Mart shall not be liable for any consequential, indirect or special damages or loss of whatever descriptions.

The Harimau Mart delivery service is available in selected areas. To check whether we deliver in your area, go to our website or contact us at hello@harimaufresh.com to find out where we deliver.

Delivery times will be agreed with the Customer at the time of placing Customer order and booking a delivery slot.

All goods must be received by an adult aged 18 years or over. If the driver has doubt over the age of the person receiving the goods, he is entitled to ask such person to show an identity card to prove his/her age.

If Customer requests for redelivery, Harimau Mart is entitled to charge for providing the service.

For delivery charges of our products from Harimau Mart to customer address would be determined by distance, weight and packing sizes. Please agreed and confirmed as follows: -


Car (On-demand)

Base fare

0 - 5 km: RM7.00

5.1 -10 km: RM10.00

Fare After 10km

RM1.50 / km

Weight limit

50kg


Car (Scheduled)

Base fare

First 10 km = RM 9

10 - 15km = RM 10

Fare After 15km

RM1.35

Weight limit

50kg


For the packing sizes, we shall determine on our sole discretion, which delivery mode is the most suitable after taking into account handling issues.

Delivery hours shall be from 8am to 8pm daily with On Demand option. Payment after 6pm would be delivered on the next working day.

Harimau Mart always reserves the right to deliver only to the main entrance of the delivery address. For customer delivery address at high rise building, Harimau Fresh delivery services shall be only to the main lobby or guard house provided.

Free delivery promotion is always not applicable to On-demand delivery service.

Whilst we make every effort to deliver all Customer goods in the agreed time, Harimau Mart will not be liable if it fails to do so in part or in full due to circumstances beyond its control.

 

f. Returns & Refunds

Refunds are handled on a case-by-case basis and by actual human members of the Harimau Fresh team.


If you have received faulty or damaged goods:

You may hand any faulty or damaged goods back to the driver at the time of next delivery for a refund only or return within 3 days to the HARIMAU MART SDN. BHD. with printed delivery documents (with proof of purchase) for a refund or exchange.

When you return faulty or damaged goods:

Customer shall return goods at his/her own cost. Goods returned shall be refunded at the price which the Customer had paid at the point of delivery. Any refund would take 5-10 working day depending on banking detail requirements from customer.


g. Cancellation or changes of order

Customer cannot cancel or change any of Customer’s current orders after delivery is arranged. If cases of emergency, the Customer may contact Customer Services and we will try our best to help.


h. Payment

You can use a debit or credit card to pay for your shopping. We accept the following payment providers, issued by banks in Malaysia:

Visa

Master

Debit Cards

You can also pay via direct FPX transfer from your bank.

Full payment card authorisation for the amount corresponding to the total price of goods (including service charges) that the Customer has requested shall be made at the time of the order.

Our liability to you in connection with any order will not exceed the total price charged for the relevant items.

All payments are in Malaysian Ringgit only.


i. Term and conditions

The Company reserves the right to change any of the above terms and conditions at any time.


j. Customer Services

If you have an order query, please e-mail us at hello@harimaufresh.com

If you have any queries please contact Customer Services at 012-917 8821

The Harimau Fresh website is operated by HARIMAU MART SDN. BHD. (2017B061518) of Blok 7H, 7J & 7K, Batu 7 1/2 , Jalan Rawang, Selayang, 68100 Batu Caves, Selangor.

Dated: 4th Dec 2020

Ver 0.1.3