Terms Of Service

Welcome to HAVVA.

Terms and conditions stated below applies to all visitors and users of havva.my. You’re bound by these terms and conditions as long as you’re on havva.my.

TERMS OF SERVICE

HAVVA AGROTECH SDN BHD, a Malaysia incorporated company (together with our respective subsidiaries, affiliates, associated companies and jointly controlled entities (collectively “HAVVA”, “our”, “we”, or “us”) provides a aquaponics produce-growing experience through HAVVA aquaponics plant growing system and related products (the “Havva Products”), services, content and features related to the HAVVA system, websites (the “HAVVA Site(s)”) and through mobile, desktop, or applications (including iOS and Android applications (“Apps”)) and HAVVA-controlled social media pages (including on Facebook, Instagram, LinkedIn and Twitter). To make these Terms easier to read, the HAVVA Sites and Apps, along with HAVVA- controlled social media pages are collectively called the “HAVVA Service” or “the Services”. By purchasing a HAVVA Product, or registering as a member or by visiting, browsing, or using the HAVVA Service in any way, you (”you” or the “user”) accept and agree to be bound by these Terms of Service (“Terms”) which, together with HAVVA’s Privacy Policy, which are discussed below and incorporated herein, forms a binding

agreement between you and HAVVA.

If you do not wish to be bound by these Terms, you may not purchase a HAVVA Product, nor access or use the HAVVA Service. Certain elements of the HAVVA Service may be subject to additional terms and conditions specified from time to time at the sole discretion of HAVVA; your use of those elements of the HAVVA Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. Any violation of rules and regulations of these terms and conditions, havva.my will take immediate actions against the offender(s).

Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the HAVVA Service. Minors may use the HAVVA Service and have access to the HAVVA system provided that (a) they and their parent/guardian have signed a HAVVVA waiver and release; and (b) their parent/guardian is present at all times. We may, in our sole discretion, refuse to offer the HAVVA Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the HAVVA Service is revoked where these Terms or use of the HAVVA Service is prohibited or conflicts with any applicable law, rule or regulation.

Restrictions. Except as expressly permitted in writing by an authorized representative of HAVVA, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the HAVVA Service and/or HAVVA Product, nor will you take any measures to interfere with or damage the HAVVA Service and/or HAVVA Product. All rights not expressly granted by HAVVA in these Terms are reserved.

Sale of Products. HAVVA accepts orders for the HAVVA system and other product and accessories that we may offer through the HAVVA Site or Apps. Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order to the

email address you provide and/or proof of purchase information through the HAVVA Site or to your email address after your payment has been processed.

Use of Products and Consumption of Produce at USER’s Risk. USER ASSUMES SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS OR DAMAGES OF BUYER OR ANY THIRD PARTY ARISING FROM USE OF THE PRODUCTS AND THE HAVVA SERVICE AND PLANTS GROWN USING THE PRODUCT. USER SHALL BE SOLELY RESPONSIBLE FOR, AND HAVVA SHALL HAVE NO RESPONSIBILITY FOR (1) PROPERLY DISPOSING OF WASTES, PLANTS, AND OTHER MATERIALS RELATING TO OR ARISING FROM USE OF THE PRODUCTS AND (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM OR ALLEGED TO RESULT FROM THE PRODUCTS OR

GARDYN SERVICE OR EATING PRODUCE GROWN ON HAVVA DEVICES. (3) FUNGI, ALGAE, SEWAGE, BIOFILM, NOXIOUS BACTERIA, CYANOBACTERIA, OTHER BIOLOGICAL GROWTH, OR ANY SPORES OR TOXINS FROM SUCH, THAT MAY DEVELOP FROM THE USE OF HAVVA PRODUCTS OR SERVICE. USER IS SOLELY RESPONSIBLE FOR ENSURING THAT USER’S USE OF THE PRODUCTS AND HAVVA SERVICE COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS.

Safety Warnings. The HAVVA Product should be assembled and used only as directed in the manual. No electrical or electronic part should be opened and/or modified or damaged. Only the original equipment from the OEM should be used. The HAVVA Product should not be used by children without adult supervision. No pet or other animal should be left near the HAVVA Product without proper supervision.

Replacement of Defective Product. You may request to replace the defective product(s) received (if any) within three (3) days from the date of receipt of the same by writing to us at info@havva.my together with the proof of defective product(s) by photograph(s) and/or video(s). Upon receipt your request, subject to the review and/or verification by HAVVA, a replacement product(s) will be replaced within seven (7) working days upon receipt of confirmation from HAVVA to replace the same.

User Content. “Content” means text, graphics, images, music, software, audio, video, works of authorship

of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the HAVVA Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the HAVVA Service. Content includes, without limitation, User Content. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the HAVVA Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the HAVVA Service. As between you and HAVVA, you represent that you own (or have all rights necessary to grant HAVVA the rights below to) all User Content that you submit to the HAVVA Service, and that HAVVA will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant HAVVA a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty- free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the HAVVA Service permission to view your User Content for their personal, non- commercial purposes. If you make suggestions to HAVVA or through the HAVVA Service about improving or adding new features or products to the HAVVA Service or you otherwise provide feedback or testimonials, you hereby grant to HAVVA a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback and testimonials for any purpose, without any notice, compensation or other obligation to you. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the HAVVA Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

No Warranties on the Content. HAVVA reserves the right to modify the HAVVA Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content, design or features of the HAVVA Service, at any time, in its sole discretion. HAVVA has no obligation to screen or monitor any Content at Havva Site(s) or Apps and does not guarantee that any Content at Havva Site(s) or Apps available on the HAVVA Service is suitable for all users or that it will continue to be available for any length of time.

HAVVA provides the HAVVA Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the HAVVA Service at your own risk. Other than as expressly provided in writing by HAVVA in connection with your purchase of a HAVVA product, to the extent permitted by law, HAVVA expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, HAVVA makes no representations or warranties: That the HAVVA Service is or will be permitted in your jurisdiction; That the HAVVA Service will be uninterrupted or error-free; Concerning any Content, including User Content; Concerning any third party’s use of User Content that you submit; That the HAVVA Service will meet your personal or professional needs; or That HAVVA will continue to support any particular feature of the HAVVA Service.