Please read these Terms of Use (“terms of use”, “agreement”) carefully before using this website, www.healthyharvest2u.com (“the site”, “website”, “service”) which is a copyrighted site belonging to Healthy Harvest International Marketing (M) Sdn Bhd (“HHIM”, “Company”, “us”, “our”, and “we”). The Company markets, sells and delivers packaged health foods supplements directly to customers via post. Certain features of the Site may be subject to additional guidelines, terms, conditions and/or rules, which shall be posted on the Site. All such additional terms, guidelines, and/rules shall be applicable and binding on you. HHIM reserves the rights to revise any of these Terms from time to time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. All Users are advised to review the Terms regularly.

By accessing to this Site and placing your order(s) with us, you are deemed to have accepted the terms and conditions stated herein (on behalf of yourself or the entity that you represent). You further represent and warrant that you have the right, authority and capacity to enter into this transaction (on behalf of yourself or the entity that you represent) with us.

1. DEFINITION:

   “Account” means the HHIM Account that you will need to register to make purchase on the Site if you would like to be our customer;

   “Customer” means any individual who register an account on this Site and places an Order, or individual who participated in our contest or campaign;

   “Order” means the Order submitted by you to the Site to purchase Product from us;

   “You” means the Customer who register an account and places an Order or participated in our campaign.

   Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; Reference to “includes” or “including” or like words or expressions shall mean without limitation.

2. PRICE AND PAYMENT:

   1. All Products are quoted in Malaysia ringgit unless indicated otherwise. Delivery costs will be additionally charged where applicable and such as additional charges will be clearly displayed and included in the “Final Total” during checkout.

   2. You may order any of the product(s) offered (including without limitation, a la carte or gift) by following the direction of purchase on the Site.

   3. You can pay using any of our payment mode listed on our site. Similarly, you can pay all or part of your Order using a promotional voucher, where applicable.

   4. Kindly check and ensure that your delivery detail and ordered/purchased item(s) are correct before making the payment. No amendments are allowed after payment has been processed.

   5. For the avoidance of doubt, we shall not be held responsible/liable for any products ordered from other channels/methods other than from our Site.

   6. All orders made for clearance items are non-refundable and non-exchangeable.

   7. Free gift that comes with your Order will be shown in the shopping cart (if any).

   8. HHIM reserves the right to substitute any Free gift with items of similar or equal value according to stock availability without prior notice to you.

   9. All free gifts are non-refundable, non-exchangeable, subject to availability and first come first served basis.

3. ORDER OR PRODUCTS COMPLAINTS:

   1. Kindly inform our Customer Care Team within 7 days from the date of receiving your parcel by scanning the QR code printed on the Delivery Order should there be packing error with your Order, ie missing product or order wrongly delivered). Our team will check and verify your claim before carrying out any remedial action. HHIM will not entertain any claims made after the 7th day of receiving your Order.

   2. Should there be any dissatisfaction on the quality of our products(s) (i.e., spoilt, past expiry date etc.), you are required to contact our Customer Care Team by scanning the QR code printed on the Delivery Order within 30 days from the date of receiving your parcel. Our team will check and verify your claim before carrying out any remedial action. HHIM will not entertain any claims made after the 7th day of receiving your Order.

   3. Should you receive a broken/damaged product, kindly contact our Customer Care Team by scanning the QR code printed on the Delivery Order within 7 days upon the date of receiving your Order. Our team will proceed to verify and carry out remedial action. HHIM will not entertain any claims made after the 7th day of receiving your Order.

4. REFUND POLICY:

   1. HHIM will only begin processing any request for refunds after receiving back the physical product from you. Any decision to approve or reject any refunds will be made after performing a quality checking. If approved, the equivalent amount will be refunded back to you by way of bank transfer.

   2. All returned item shall be sent back to HHIM in their original packaging and condition. In the unlikely event that an item is returned to us in an unsuitable condition or outside the 30 days return policy, HHIM reserves the right not to process your refund request.

5. PROCESSING YOUR ORDER:

   1. Once you have placed your Order, we will need 2-8 working days to process your Orders. We will deliver the Product to you at the delivery address provided by you in your Order and the estimated delivery time indicated at the time you checkout your Order.

   2. We will notify you if we foresee that we might not be able to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

   3. All our orders are delivered by our courier partners i.e., Ninja Van, Gdex, DHL Ecom, Pos Laju (Malaysia), J&T Express and more. We will review our courier partners from time to time.

   4. Any self-collection from our warehouse is strictly not permitted.

   5. Our courier partner will return your parcel(s) to us should the delivery details provided by you are invalid/insufficient or if the courier has attempted delivery to you twice but failed for whatsoever reasons. In the event your parcel(s) is returned to us, we will refund via bank transfer.

   6. In the unlikely event that we are not able to process your Order due to out-of-stock situation, HHIM reserves the right to cancel your Order and proceed to refund your payment through bank transfer without further notice to you.

6. DELIVERY FEE

   1. The following are the applicable delivery fees:

      1. Peninsular Malaysia: Free of delivery charges (subject to marketing campaign’s setting)

      2. East Malaysia (Sarawak & Sabah) & selected rural area. For orders less than the minimum purchase (below RM200.00), shipping charges will be levied based on weight.

   2. The delivery fee and courier partner(s) are subject to change from time without prior notice to you.

7. PROMOTION

   1. New and existing customers are entitled to different promotional offers as determined by us from time to time.

   2. Existing customers are not entitled to promotional offers which are made exclusively for new customers only and vice versa.

   3. All promotional purchases must be made in one single receipt. Combination of multiple receipts is not acceptable.

   4. The Terms and conditions of selected promotions(s) for new customers will be posted at the Site. Customers are deemed to have checked the required information or related to the promotions(s), and have read, understood and agreed to the terms and conditions.

   5. Multiple promotions may be held at any one time within the same period of time. However, unless otherwise indicated, combining multiple promotions in one single purchase is not allowed.

   6. Purchase With Purchase (PWP) promotion offers customers the right to purchase one item with the option of buying another item at a reduce price. PWP items are separate and does not combined in your current cart purchase that enjoys the free gift promotional offer and/or free delivery offers.

   7. Customers are not allowed to change or cancel previous Orders solely with the intention to take advantage of the new entitled promotions.

   8. Item in pack/gift box/bundle with any decorative items are shown for illustration purpose only and are not included for sales.

   9. Customers Anniversary Coupon (CAC) will be based on HHIM customers’ tier.

   10. CAC are only applicable to customers who have updated their personal information in the Account. Once data submitted, strictly no amendments are allowed.

   11. CAC are only valid on customers’ anniversary month according to submitted data in our record for one time redemption.

   12. We reserve the right for the final decision on the promotion/marketing activities/marketing campaign without prior notice or reference to you.

8. AFFLIATE

   1. All affiliate discounts are only entitled for purchase by customers registered with us.

   2. A 4-phase discounts (3%, 5%, 7% & 10%) will be awarded to you for every successful purchase from our registered customer through your specific category.

   3. Each successful affiliate transaction will be subjected to a validation process. This is to ensure that all the email address/other information of the customer has not been registered before or duplicated in our database.

   4. All successful affiliate transaction are subjected to the terms and conditions determined and set by us.

   5. We have the sole and absolute discretion to revoke the pending/paid discount in the event if you failed to comply with the program’s terms and conditions.

   6. The reward period is on purchase basis and the discount will be credited into Your Invoice for every purchase.

9. Customer Anniversary Coupon (CAC)

   1. CAC is valid for 12 months. Marketing campaign’s Terms & Conditions will applies.

   2. CAC shown in your HHIM account will expire in the event that you did not redeem the coupon within the date stipulated in your HHIM account. In such an event, the free gift or free coupon shall be automatically expired and forfeited. Forfeited free gift and free coupon cannot be reinstated.

   3. There shall be no extension of time for the validity period of any unused free gift or free coupon. The Company shall have the right to deal with the expired free gift or free coupon in any such manner as it deems fit and proper and in its absolute discretion. You agree that you will have no claim whatsoever against the Company for any expired free gift or free coupon.

   4. Free gift or Free Coupon cannot be resold or transferable to other accounts.

   5. Free gift or Free Coupon cannot be exchanged or refundable for cash at any time.

10. CONTEST

    1. Organizer and Eligibility

       1. All contests are organized by Healthy Harvest International Marketing (M) Sdn Bhd [1466065-A] [“the organizer’] and is open to all Malaysian residents above the age of 18 with a valid Malaysia address.

       2. The following group of persons are not eligible to participate in contests organized by Healthy Harvest International Marketing (M) Sdn Bhd [1466065-A]:

          1. Employees of the Organizer (including its affiliated and related companies) and their immediate family members (children, parents, brothers and sisters, including spouses); and/or

          2. Representatives, employees, servants and/or agents of advertising and/or promotion service providers of the Organizer (including its affiliated and related companies), and their immediate family members (children, parents, brothers and sisters, including spouses).

    2. Duration

       1. We reserve the rights to amend the Contest Period at any time. All entries received outside the Contest Period will automatically be disqualified.

    3. Submission of Entries and Qualifying Criteria

       1. Please refer to the related social media posting for the respective qualifying criteria and also the submission procedure.

    4. Prizes Redemption

       1. Facebook & Instagram Contest:

          1. Selected winners are required to reach out to us at to the respective social media platform (i.e. winner selected from Facebook are to private message us via Facebook Messenger and winners from Instagram are to contact us via Instagram direct message). Our Customer Care Team will then provide each winner a form to be submitted in order to redeem the prizes.

          2. Winners are required to accurately complete the form in full in order to collect your prize. Any winners who submit incomplete and/or inaccurate form will be automatically disqualified.

          3. Winners are required to reach out to us within the timeframe laid out in the announcement in order to claim their prizes failing which the prizes will be forfeited.

          4. All prizes will be added to the Customer’s Account bearing the same email address as the one written on the submitted winner form. Prizes will only be delivered to winners together with their Order. We will not deliver the prizes to winners separately without any Order.

          5. Participants with more than one [1] entry are entitled to enter into other contests held by the Organizer and will still be in the running for more than one prize throughout the entire contest period.

          6. The Organizer reserves the right, at its sole discretion, to substitute any of the prizes with that of similar value, at any time without prior notice to the winners. The value of the prizes are correct at the time of printing. All prizes given are on an “as is” basis and are not exchangeable for cash, credit, other items or vouchers, in part or in full.

          7. All winners must abide by the terms and conditions of the parties arranging and/or providing for the prizes and the terms and conditions attached to the prizes, if any.

       2. YouTube Contest:

          1. Prizes can only be collected in person at the address listed below by winners. In the event that you are not able to collect in person, you may appoint a representative to collect on your behalf provided that you have issued an authorization letter to your representative.

             Healthy Harvest International Marketing (M) Sdn Bhd

             NO 22A, 22A-1, 22A-2,

             JALAN NIAGA ENGGANG 1,

             TAMAN ENGGANG,

             76100 DURIAN TUNGGAL, MELAKA, MALAYSIA.

          2. Winners are required to fill in a form with their personal details and verification code before collecting the prizes. If you have appointed a representative to collect the prize on your behalf, the identity of your representative will be verified based on the authorization letter before the collection of the prizes.

          3. Upon being informed by HHIM, all prizes have to be collected by the winners within one month from the date of notification. During the collection period, winners/representatives may collect the prizes only during weekdays (Monday to Friday, 10am – 5pm), excluding public holidays and federal territory holidays. Prizes which are not collected by the end of the prize collection period will be forfeited.

          4. All winners/representatives are required to have their photograph taken with their respective prizes during collection of their prize for HHIM’s social media posting purposes.

          5. Winners are required to post on their respective social media and use the hashtags #hhim #hhimtv upon collecting their prizes. The social media account/post should be made public

          6. All prizes received are non-refundable, non-exchangeable and cannot be converted to cash.

          7. The Organizer reserves the right, at its sole discretion, to substitute any of the prizes with that of similar value, at any time without prior notice to the winners. The value of the prizes is correct at the time of printing. All prizes are given on an “as is” basis is not exchangeable for cash, credit, other items or voucher, in part or in full.

          8. All winners must abide by the terms and conditions of the parties arranging and/or providing for prizes and the terms and conditions attached to the prizes, if any.

    5. Liability & Responsibility:

       1. Participants/winners are responsible for their own cost such as transportation, accommodation, personal costs and/or any other costs, fees and or other expenses incurred by them in order to participate in this Contest and to redeem the prize.

       2. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, user or member communications, or any problems or technical malfunction of any telephone network or lines, computer online systems, serves or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet and/or websites.

       3. We shall not be held liable or responsible for any delay and/or failure in the receipt of your entry due to the inability of the respective Internet Service Provider [ISP] company and/or telecommunication network to provide timely and/or efficient internet and/or telecommunication services.

    6. Right of the Organizer:

       1. By submitting your entries for this contest, all participants agree and acknowledge that the Organizer retains the exclusive right to use, edit, modify and publish the entry submitted by all the participants including publishing the names of the participants, in any way it deems fit for any advertising, trade, promotional purposes and for any other reason whatsoever, without any further notice to the participants and the participants shall not claim ownership or any payment or compensation for the entry. For the avoidance of doubt, the submissions will not be edited for judging purposes. We reserved the rights to use participants’ submission to be featured in our social media wall posts.

       2. The Organizer reserves the right to modify, postpone, suspend or cancel a contest at the Organizer’s sole and absolute discretion without liability to the participants.

       3. The Organizer reserves the right, at its sole discretion, to disqualify any participant that is not eligible, found or suspected of tampering with the contest submission process or the operation of this contest.

       4. We reserve the right to remove any participant’s submission who it reasonably suspects has violated or infringed any of these general terms and conditions and the Organizer reserves the right to pursue legal action against any individual it believes has undertaken fraudulent activities or other activities harmful to this online contest and/or contest submission process with further notice to the participant.

    7. Privacy Notice:

       1. By participating in this contest, you have voluntarily given your consent to us, our related companies, service providers and agents to collect and process your personal data(s) for the purposes of this contest and for our marketing purposes. You understand that you may update your personal data, access your personal data or withdraw your consent to the collection and processing of your personal data by contacting our Customer Care Team vide e-mail to . Please refer to our full Personal Data Notice which is made available at our website.

    8. Prohibited Content:

       1. Participants are prohibited from posting the following:

          1. Any content which are offensive, such as content that promotes racism, contain politically religious agendas, contain inflammatory religious content, promotes violence, contain foul language, promotes bigotry, hatred or likely to cause harm of any kind against any particular group or individual;

          2. Content that are offensive to HHIM Market competitive products;

          3. Content that harasses or advocates harassment of any particular group or individual;

          4. Content which involves the transmission of “junk mail,” “chain letters,” “spam,” or any other unsolicited links, mass mailing, e-mailing, or other communication;

          5. Content with information that the participant knows is false or misleading, promotes illegal activities or conduct that is abusive, or is threatening, obscene, defamatory, or libelous;

          6. Content which constitutes or includes any illegal or unauthorized copy of another person’s copyrighted or copyrightable work, including, but not limited to pirated computer programs or link to them, information which circumvents manufacturer-installed copy-protect devices, pirated music or link to pirated music files;

          7. Content which displays obscene, pornographic or sexually explicit materials of any kind;

          8. Content which provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

          9. Content which exhibits overtly dangerous or potentially life-threatening situations; or

          10. Any content which in the Organizer’s opinion is deemed to be inappropriate.

       2. In the event the participant publishes any of the prohibited content as mentioned in 10.8.1 above, the Organizer has the absolute rights to disqualify the participant, terminate the customer qualification (if any) and take appropriate legal action against the participant including but not limited to reporting the participant to the appropriate legal authorities without further notice to the participant.

    9. We reserve the right to amend any of the terms and conditions herein at out sole and absolute discretion without prior notice or reference to you.

    10. We shall not be liable to you for any indirect and consequential losses suffered by you.

    11. If you have any medical conditions and/or allergy, you shall consume our products at your own risks upon seeking consultation with your medical doctor/advisors. We shall not be responsible for any consequences/damages suffered by you after consumption of our products which are attributed by your medical condition and/or allergy (whether you are aware or unaware of such medical condition and/or allergy).

    12. In the event of disputes, parties agree to be bound by the laws of Malaysia and to submit themselves to the exclusive jurisdiction of the Courts of Malaysia.

    13. Any Notices to be given to either party shall be in writing and deemed to be delivered if sent via e-mail to your latest email provided to us. Should there be any changes to your contact detail, including your e-mail, it is your responsibility to notify us promptly.

11. Term of Use of HHIM Account:

    1. Account Creation

       1. HHIM customers is based on invitation link only and certain promotions/campaign available on the Site may require you to make a purchase or subscription. Should you choose to register as a customer or subscribe to HHIM, you represent and warrant that:

          1. All required registration information you submitted is complete, truthful and accurate;

          2. You will maintain the accuracy of such information and keep such information updated from time to time;

          3. You may delete your HHIM Account at any time, for any reason, by following the instructions provided on the Site.

    2. Account Responsibilities

       1. It is your responsibility to maintain the security and confidentiality of your HHIM Account and login information. You are fully responsible for all activities that occur under your HHIM Account. You agree to immediately notify HHIM of any unauthorized use, or suspected unauthorized use of your HHIM Account or any other breach of security. For the avoidance of doubt, HHIM shall not be liable for any unauthorized use of or unauthorized access to your HHIM Account or loss or damage arising from the unauthorized use of your HHIM Account.

    3. Promotional emails

       1. As an account user/registered customer, you agree to receive newsletters and promotional emails including third party offers from us. Nevertheless, you have the right to opt out of receiving any promotional emails from us.

    4. PDPA Consent Clause (Personal Data Protection Act)

       1. By registering an account with us, you hereby agree that HHIM may collect, store and process your personal data that you have provided in this form for the purpose of receiving updates, news, promotional and marketing mails or materials from HHIM.

       2. You hereby give your consent to HHIM:-

          1. To collect and process your Personal Data;

          2. To disclose your Personal Data to the relevant governmental agencies, statutory authorities and to third parties as and when so required by law or for legal purposes.

       3. In additional, your personal data may be transferred to any company within the HHIM which may involve sending your personal data to a location inside Malaysia. For the purpose of updating or correcting such data, you may at any time apply to the HHIM to have access to your personal data which stored by HHIM.

       4. For the avoidance of doubt, Personal Data includes all data defined within the Personal Data Protection Act 2010 including all data you had disclosed to HHIM in Account Creation Form.

       5. For more detail on how we handle your personal data, please refer to the Privacy Notice which is available in our website.

12. SITE

    1. License

       1. Subject to the terms and conditions stated herein, HHIM grants you a limited, non-transferable, non–assignable, non-exclusive, revocable, license to use the Site for your personal, non-commercial use.

    2. Restrictions

       1. The rights granted to you herein are subject to the following restrictions:

          1. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;

          2. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;

          3. You shall not access the Site in order to build a similar or competitive service; and

          4. except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

    3. Modification

       1. HHIM reserves the right, at any time, to modify, suspend, or discontinue the content/operation of the Site or any part thereof without notice or liability to you.

    4. No Support or Maintenance

       1. You acknowledge and agree that HHIM will have no obligation to provide you with any support or maintenance in connection with the Site.

    5. Ownership

       1. Excluding your User Content (defined as below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site are owned by HHIM or HHIM’s licensors. The provision of the Site does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.

13. USER CONTENT

    1. User Content

       1. “User Content” shall means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings).

       2. You are solely responsible for all your posted User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable.

       3. You hereby represent and warrant that your User Content posted does not violate the Acceptable Use Policy (defined below), any relevant law and regulations.

       4. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by HHIM.

       5. HHIM is not obligated to backup any User Content you posted and the User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you so desire.

    2. Feedback

       1. By submitting suggestions, comments or other feedbacks regarding our Site in whatever way to us, you acknowledge and agree that:

          1. Your feedback do not contain any confidential or proprietary information;

          2. HHIM is not under any obligation of confidentiality, express or implied, with respect to the feedback;

          3. HHIM shall be entitled to use or disclose (or choose not to use or disclose) such feedback for any purpose, in any way, in any media worldwide;

          4. You irrevocably grant a non-exclusively license to HHIM to exploit your feedback;

          5. You are not entitled to any compensation or reimbursement of any kind from HHIM under any circumstances.

    3. Acceptable Use Policy

       1. When you use the Site, you irrevocably agree to the “Acceptable Use Policy” below. Specifically, you agree to the following:

          1. To comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;

          2. To provide complete, truthful and accurate information to us and to keep update the information at all times;

          3. To read, understand and comply with our Privacy Policy;

          4. To read, understand and comply with all the notices sent by the Company concerning the Site; and

          5. To use the HHIM Account and the Site in the responsible manner.

             Additionally, you agree not to:

          6. Act dishonestly or unprofessionally by engaging in unprofessional and unethical behavior by posting inappropriate, inaccurate, defamatory or objectionable content to the Site;

          7. Harass, abuse or harm another person, including sending unwelcomed communications to others using the Site;

          8. Use or attempt to use another’s account without authorization;

          9. Upload, post, transmit or otherwise make available or initiate any content that is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

          10. Includes information that you do not have the right to disclose or made available under any law or under contractual or fiduciary relationship;

          11. Infringes upon any patents, trademarks, trade secrets, copyright or other proprietary rights which does not belongs to you;

          12. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation; or Contains software viruses, worm, links or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Company or any user of the Services;

          13. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, display, sell, rebrand, or otherwise transfer information found on the site (excluding content posted by you) except as expressly authorized by Company;

          14. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Service, or any part thereof;

          15. Utilize or copy information, content or any data you view on or obtain from HHIM to provide any service that is competitive, in Company’s sole opinion and discretion, with Company;

          16. Rent, lease, loan, trade, sell/re-sell access to Company or any information therein, or the equivalent, in whole or part;

          17. Remove any copyright, trademark or other proprietary rights notices contained in or on any Company website, including those of the Company and any of its licensors;

          18. Remove, cover or otherwise obscure any form of advertisement on the Site;

          19. Infringe or use Company’s brand, logos or trademarks except as expressly permitted and authorized by the Company;

          20. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in the Site;

          21. Engaged in “framing,” “mirroring,” or otherwise simulating the appearance or function of Company’s website;

          22. Attempt to or actually override any security component included in the Site or underlying Company;

          23. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Company’s infrastructure.

14. INDEMNITY

    1. You hereby agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including but not limited to all costs and attorneys’ fee, from any claims, demands, losses, liabilities and cause of action made by any third party against the Company due to or arising out of:

       1. your use of the Site,

       2. the Content you posted,

       3. your violation of these terms and conditions; or

       4. your violation of any applicable laws or regulations.

    2. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

15. THIRD PARTY SITES & ADVERTISEMENTS; OTHER USERS

    1. Third Party Sites & Advertisements

       1. The Sites may contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of the Company and the Company will not be held responsible for any Third Party & Ads. The Company provides these Third Party Sites & Ads only as a convenience to you and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to the Third Party Sites & Ads. Usage of any of the Third Party Sites & Ads are at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies applies, including the third party’s privacy and data gathering practices. You should review, understand and agree to their terms and policies before proceeding with any transaction in connection with such Third Party Sites & Ads.

    2. Other Users

       1. Each third party sites are solely responsible for any and all of its user content. As we do not control the user content of other sites, you acknowledge and agree that we are not responsible for any user content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any user content, and we assume no responsibility for any user content. You interactions with other sites are solely between you and such user/owner of other sites. You agree that the Company will not be held responsible or liable for any loss or damage incurred as the result of any of your such interactions.

    3. Release

       1. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other sites or service users or Third Party Sites & Ads.

16. LIMITATION ON LIABILTY

    1. To the extent permitted by law, in no event will we or our supplier be liable to you for any loss of profit, indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Site or the transaction between us.

17. TERM AND CONDITION

    1. For as long as you use the Site, you shall be bound by these terms and conditions herein.

    2. HHIM reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without notice to you. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.