Terms & Conditions

Welcome to Porkahontas and our Website and Platforms Terms of Service (“Terms”).

The Online Platform www.porkahontas.com.my (“Porkahontas“), is owned and operated by Additive Asia Sdn. Bhd. [Registration No. 200801008400 (809687-A)] (“we”, “us” or “our” as the case may be) with headquarters at 17 & 19, Jalan TSB1, Taman Industri Sg Buloh, 47000, Petaling Jaya, Selangor Darul Ehsan and business addresses at B-08-05, Block B, Setiawalk, Persiaran Wawasan, Pusat Bandar Puchong, 47160, Puchong, Selangor Darul Ehsan, and 87, Jalan TPP1/19, Taman Industri Puchong, 47100 Puchong, Selangor Darul Ehsan.

Porkahontas is an online platform that specializes in the sale of meat-based products (predominantly pork), either fresh, frozen, and/or processed on a wholesale or retail basis while also serving as an importer and distributor of fresh frozen pork in Malaysia.

These Terms govern and regulate your (“ user”, “you” as the case may be) access to and utilization of the services, products, online facilities, tools, functions, and features and/or any other ancillary contents made available by us through the Porkahontas website or any direct sub-domains, subpages, redirected sub-domains, subpages and any other web display pages directly and indirectly correlated to Porkahontas (collectively, including all related documentation and corollary mobile and/or software applications, “Platforms”).

Please read carefully and understand the Terms herein as they are intended to expressly notify and make you aware of your legal rights, responsibilities and obligations prior to, during, and after utilising the Platforms including but not limited to delivery of information via the Platforms.

By clicking “Submit” or “I Accept” or similar, or by accessing or using the Platforms that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platforms or order, receive or use the food items, ingredients or other products made available through the Platforms (collectively, “Products“)

We reserve the right, in our sole and absolute discretion, to alter, modify, vary, amend, change and/or update Terms and any other policies or agreements which are incorporated herein at any time as we deem fit and with reasonable notice to you (for example, by posting an update on the Platforms, or by emailing the updated Terms to you at your last known e-mail address). Such alterations, modifications, variations, amendments, changes and/or updates to these Terms shall be effective on the “Last Updated” date as stated hereinabove and/or upon the posting of an updated version on the Platforms. You agree that it shall be your sole responsibility and obligation to review the Terms regularly (with or without notice to you by us) to ensure that your understanding of the Terms is current and up to date and you understand the terms and conditions that apply to your connection, access to, and use of, the Platforms.

Your non-express termination or continued access to the Platforms after the “Last Updated” date of any alterations, modifications, variations, amendments, changes and/or updates on the same constitutes your acceptance of, and agreement to be continued to be bound by the revised version of the Terms.

In the event of conflict or disputes, the version of these Terms valid at the time of the conclusion any given transaction on the Platforms shall apply.

Privacy Policy
1. Please refer to our “Porkahontas Website Privacy Policy” (“Privacy Policy”) for information about how we collect, use and disclose information about you as well as how we use Cookies. The Privacy Policy is incorporated by reference into, and made a part of, these Terms.
2. You acknowledge that when you access and use the Platforms, we may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the Platforms. You may also be required to provide certain information about yourself as a condition to accessing and using the Platforms or certain features or functionality related thereto. All personal information we collect through or in connection with the Platforms are subject to our Privacy Policy.
3. We will process and may disclose personal data including sensitive personal data (as defined in the Personal Data Protection Act 2010 of Malaysia) relating to you and your affiliates, and you consent to the processing and disclosure of such data. You agree to keep us informed of any changes to the data at all material times. In any event, should any necessity in obtaining consent, authorisation or permission of any of your affiliates in relation to processing and disclosure of personal data including sensitive personal data (as defined in the Personal Data Protection Act 2010) arise, such consent, authorisation or permission is deemed to have been obtained by you unless communicated otherwise to us.
Registration and Accounts
1. A “User Account” is the section of the Platforms allocated to each user, it consists of the user name, the e-mail address and the password that allows the you to submit an offer and/or place an order and that contains information about your identification data and history while using the Platforms, such as placements, orders placed, transactions completed, invoices, payments made, etc.
2. A user represents any person registered on the Platform who, by creating a User Account has expressly accepted the applicable Terms. The User is a natural person or legal person governed by law who, in a civil transaction, acts for purposes relating to the business or professional activity even if the person does not have the purpose of earning a profit from that activity.
3. A user who is a natural person expressly represents and warrants that (a) he or she is legally entitled to accept and accede to these Terms, (b) he or she has achieved the age of majority and consent under his/her country’s jurisdiction, (c) he or she has not previously been suspended or removed from the Platforms, and (d) his or her registration of the User Account and use of the Platforms are in compliance with all applicable laws and regulations.
4. The Platforms are not available to such persons or entities (natural or otherwise)who are forbidden or restricted for any reason whatsoever to enter into a contractual relationship. You confirm that all the personal data and contact details in relation to and that may enable us to identify you is accurate, up to date, not misleading and complete; and that you will keep your account information accurate, up to date, not misleading and complete. If we have reason to believe that your account information is untrue, inaccurate, out of date and/or incomplete whether deliberately so otherwise, we reserve the right, in our sole and absolute discretion, to suspend or terminate your User Account with or without notice to you.
5. Merely visiting or browsing the Platforms does not require your previous subscription or registration as a user. However, if you choose to use certain services or Contents on the Platforms, we may request that you register a User Account in our systems.
6. By creating a User Account, you further agree to (a) provide accurate, current and complete information, including but not limited to, payment and delivery information, (b) maintain and promptly update from time to time as necessary your account information, and (c) maintain the security of your password(s).
Communication Materials and Preference
1. In utilizing the Platforms, you also consent and agree to receive electronic communications from us. You may unsubscribe from receiving such notifications at any time by clicking the unsubscribe option in the text or email, notifying us at info@additiveasia.com, or by modifying the preferences and settings available from your User Account page. These communications may include notices about your User Account (e.g., payment authorizations, password changes and/or other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You are encouraged to maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
2. By providing your phone number (including mobile), to us through the Platforms or in connection with your order, receipt or use of the Products, you consent and agree to receive calls or text messages at that phone number sent by or on behalf of us, including auto-dialed calls and/or text messages related to your User Account, your orders and our services. You may opt out of such calls or messages by following the unsubscribe instructions provided to you. It is your responsibility to keep your User Account information, including your phone number, up to date. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you and you are advised to contact your mobile provider for details.
Cancellation
1. You may cancel your User Account at any time from your User Account settings page. You may also contact us at info@additiveasia.com for assistance in cancelling your delivery or your User Account
2. Please note if you do not cancel your delivery within a specified window of time provided or after being notified by us, you may receive the Products which you have ordered and be billed accordingly.
Payment and Billing
1. By providing a credit card or other payment method which is accepted by the Platforms, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the full sum of your purchase inclusive of any applicable taxes and other charges (collectively, as applicable, an “Order”). If you choose to pay for your Order with a credit card, we may seek pre-authorization of your credit card prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. If you would like to change or update any payment information associated with your User Account, you can do so at any time by logging into your User Account and editing your payment information.
2. You acknowledge that any sums billed for any given Order may vary due to promotional offers, changes to our service or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
Pricing and Availability
1. All prices shown are in Ringgit Malaysia (RM/MYR) and applicable taxes and other charges, if any, are additional. We may, at our sole discretion, make promotional offers with different pricing to any of our users. These promotional offers, unless made directly to you or by reference, shall not apply to your offer or these Terms.
2. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific cuts or types of protein) without prior notice. We strive to provide you with high-quality Products and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at info@additiveasia.com.
Applicable Taxes
1. We will collect goods and services tax or sales tax etc., where applicable, on Products shipped to you. If item(s) in an Order is subject to tax, you agree that the amount of taxes shown at checkout may be adjusted and charged to you.
Shipping and Delivery Policy
1. You agree to pay any shipping and handling charges shown at the time you place an Order at checkout. We reserve the right to increase, decrease, add and/or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before your Order is confirmed. Our shipping is generally handled by a third-party courier or cold-chain logistics company. When you purchase a Product the shipping times shown to you are estimates only and actual delivery dates may vary. All Products purchased from us are made pursuant to a shipment contract, and you agree that that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier/cold-chain logistics company.
2. You agree that you are solely responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the Products which are perishable in nature arrive in a cool, refrigerated condition. We recommend that you use a thermometer to ensure that the temperature zone within the container or parcel in which any perishable Product is placed is within a reasonable range to ensure freshness and hygiene. In the unlikely event that you have any reason to believe that any other Product in your Order delivery is not suitable for consumption, kindly contact us promptly at info@additiveasia.com with proof or record of the issue before discarding the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow all applicable instructions on refrigeration and food safety. From the time of acceptance of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the all applicable instructions and practices on safe food handling. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat and other applicable items are cooked to the recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow governmental recommendations on food consumption for at-risk groups.
3. Should you be unavailable when your delivery arrives, your Order will generally be packaged with dry ice or items with similar nature and use and will typically remain at a reasonable temperature for an hour or two upon drop-off but depending on the weather condition and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your Order prior to consumption. You may be able to provide additional delivery instructions when setting up your User Account, such as requesting that your delivery be left with a receptionist or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same Terms that would apply had you accepted the delivery yourself.
4. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery is not feasible, we will cancel your delivery and issue you a credit or refund of the purchase price for that delivery.
No Resale
1. You agree that you are not permitted to resell or otherwise use the Products for commercial purposes unless expressly authorized by us.
Return/Refund Policy
1. If you are dissatisfied with the any Product or delivery of your Order for any reason, please contact us at info@additiveasia.com as soon as possible. Depending on the circumstances, we may at our absolute discretion elect to provide you with a full or partial credit or refund of the purchase price for that item. Due to the perishable nature of the Product, we strictly do not offer exchanges. We may require the return or photographic documentation of any item with which you are dissatisfied before we provide you with a credit or refund. Should you be dissatisfied with any non-food Product you purchased, you may return the particular Product within fourteen (14) days of the date you received the Product by contacting info@additiveasia.com and following the shipping instructions we supply. All returned Products must be unused, unopened and in their original packaging. After we receive your returned Product, we will issue you a refund for the price you paid for the Product (less any applicable shipping and handling charges). If you do not comply with the terms of this Clause, you shall be ineligible to receive a refund.
Vouchers
1. You may purchase and/or receive coupon codes, vouchers and/or gift cards (collectively, “Voucher”) through the Platforms from time to time. You must create or have an existing and valid User Account with us in order to redeem a Voucher. Vouchers may be used only for the purchase of eligible goods on the Platforms. Redemption of Vouchers may result in the application of a credit to your User Account in the amount of the Voucher. Any eligible Voucher shall be applied toward your purchase of the Products. Vouchers are not redeemable for cash or credit unless otherwise stated, and we disclaim all responsibility for lost or stolen Vouchers. Sales of Vouchers are final and nonrefundable. Except as required by law, Vouchers cannot be transferred for value. To redeem or view a Voucher, kindly visit your User Account on the Platforms. We are not responsible if a Voucher is lost, stolen, destroyed or used without permission. Any additional terms and conditions stated in a Voucher shall, as far as practicable, complement the Terms herein and in the event of discrepancies, the terms in the Voucher(s) shall prevail to the extent of the said discrepancies.
Referral Program
1. We may, from time to time and at our absolute discretion, offer incentives for referring new customers to the Platforms (“Referral Program”). Please check the relevant terms and conditions as and when the Referral Program is introduced. We reserve the right to revoke referral rewards or ban participation in the Referral Program if we reasonably suspects that you (or any person you refer) has used or attempted to use the Referral Program in a fraudulent or abusive manner or in violation of these Terms, any Referral Program policies, or applicable law. We reserve the right to modify or terminate the Referral Program at any time, with or without notice, in our sole discretion. Upon termination of a Referral Program, all unused referral rewards will be revoked and forfeited forthwith.
Limited License to Access and Use Content
1. Unless otherwise indicated in writing by us, the Platforms and all content and other materials contained therein, including but not limited to, the Porkahontas logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined below), other files and the selection and arrangement thereof (collectively, “Content“) are the proprietary property of Additive Asia Sdn. Bhd. [Registration No. 200801008400 (809687-A)] or of our licensors or users, as applicable, and are protected by all applicable international copyright laws. We reserve all rights to the Platform and Content not granted expressly in these Terms.
2. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Platforms and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Platforms or Content, (b) reproduce, distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Platforms or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Platforms or Content, except as expressly permitted by us, (f) interfere with or circumvent any feature of the Platforms or Content, including any security or access control mechanism, and (g) use the Platforms or Content other than for their intended purposes. Any use of the Platforms or Content other than as specifically authorized herein, without our prior written consent, is strictly prohibited and shall operate to terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Additive Asia Sdn. Bhd. or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. Notwithstanding anything to the contrary in these Terms, the Platforms and Content may include software components provided by us or a third party that are subject to separate license terms, in which case those license terms shall govern such software components.
Trademarks
1. “Porkahontas”, the Porkahontas logo and other Porkahontas Product service names, logos, and/or slogans that may appear on the Platform or Products are trademarks and/or registered trademarks of Additive Asia Sdn. Bhd. and/or its appointees, nominees or assignees and may not be copied, imitated or used, in whole or in part, without our prior express written permission. You may not use any metatags or other “hidden text” utilizing “Porkahontas” or any other name, trademark or Product or service name of Porkahontas without our prior written permission. Furthermore, the look and feel of the Platforms and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Additive Asia Sdn. Bhd. and/or its appointees, nominees or assignees and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Platform or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the corresponding trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
Hyperlinks
1. You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Platforms for non-commercial purposes, provided that such link does not portray us or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You shall not use our logos or other proprietary graphic to link to the Platforms without our express written permission. You shall also not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found on the Platforms or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Platforms without our express written consent.
2. We make no warranty or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Platforms or of websites linking to the Platforms. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only for convenience purposes, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Platforms, you should be aware that our terms and policies are no longer in effect. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platforms.
Third-Party Content
1. We may provide tools through the Platforms which may enable you to export information, including User Content, to third party services, including through features that allow you to link your User Account on the Platforms with an account of a third party service, such as Facebook or Twitter, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we are expressly permitted to transfer that information to the applicable third-party service. Third-party services are not under our control, and therefore we are not responsible for any third-party service’s use of your exported information. Any information you provide or make available to third-party websites and services will be governed by the applicable third party’s privacy policy, and not our privacy policy.
2. We may display content, advertisements and promotions from third parties through the Platforms or in shipments with Products (collectively, “Third-Party Content“). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third-Party Content.
User Content
1. The Platforms may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content“).
2. In the event you decide to share your User Content with others through the Platforms or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Platforms.
3. By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following: (a) User Content that is unlawful, libelous, defamatory, seditious, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law, (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, (d) User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences, (e) User Content that impersonates, or misrepresents your affiliation with, any person or entity, (f) User Content that references or depicts us or our Products but fails to disclose a material connection to us, if you have one (for example, if you are our employee or a paid blogger/influencer), (g) User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations, (h) User Content that contains any private or personal information of a third party without such third party’s consent, (i) User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content, and/or (j) User Content that, in our sole and absolute judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Platforms or Products, or that may expose us or others to any harm or liability of any type whatsoever.
4. We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right and have absolute discretion, to remove, screen or edit User Content posted or stored on the Platforms at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Platforms at your sole cost and expense. You acknowledge and agree that we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Platforms for operational and other purposes. If at any time we choose to monitor the User Content, we expressly disclaim all responsibility or liability for the User Content or any loss or damage incurred as a result of the use of the User Content. During the aforementioned monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
5. You understand that when using the Platforms, you will be exposed to User Content from a variety of sources and acknowledge that any given User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that a User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time with or without notice.
6. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Platforms or to our pages or feeds on third-party social media platforms (e.g. our Facebook page, Instagram page or Twitter feed), you hereby grant us a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable and fully sub-licensable right and license to host, store, transfer, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
7. By uploading, posting or submitting User Content to us through the Platforms or through our pages or feeds on third-party social media platforms, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you expressly authorize us to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third-party rights.
8. By providing User Content to or via the Platforms to other users of the Platforms, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Platforms.
User Conduct
1. You agree that you shall not violate, or encourage others to violate, any law, contract, intellectual property or other third-party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Platforms. You agree that you shall adhere to these Terms and shall not (a) engage in any harassing, threatening, intimidating, predatory or stalking conduct, (b) use or attempt to use another user’s User Account without authorization from such user and us, (c) use the Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Platforms or that could damage, disable, overburden or impair the functioning of the Platforms in any manner, including by (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, (ii) making any unsolicited offer or advertisement to another user of the Platforms, (iii) collecting personal information about another user or third party without consent, and/or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platforms, (d) reverse engineer any aspect of the Platforms or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Platforms, (e) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Platforms which you are not expressly authorized to access, (f) develop any third-party applications that interact with User Content or the Platforms without our prior written consent, (g) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Platforms, extract data or otherwise interfere with or modify the rendering of the Platforms’ pages or functionality, and/or (h) use the Platforms for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Feedback
1. We welcome any questions, comments, suggestions, ideas, originals or creative materials or other information about us, the Platforms and/or the Products (collectively, “Feedback“).
2. Please submit any Feedback to us via e-mail bearing the appropriate subject title to info@additiveasia.com.
3. In submitting Feedback to us, you hereby expressly agree to grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platforms, Content, and Product and for the purposes of creating other/further products and services.
Liabilities and Indemnification
1. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless us, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Party or Parties“), from and against all actual or alleged Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including but not limited to, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims“), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Platforms, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third-party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms or any applicable law or regulation, (e) your violation of the rights of another, (f) any third party’s use or misuse of the Platforms or Products provided to you, and (g) any dispute or issue between you and any third party. You agree to promptly notify us of any third-party Claims and cooperate with the Parties in defending such Claims. You further agree that the Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.
Express Disclaimers
1. You agree that you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use, and consumption of the Products you receive from us. You are also solely responsible for knowing about any food allergies you may have and verifying the Products and their contents before handling, preparing, using or consuming such Products. You further understand, acknowledge and agree that we store, portion and package products containing allergens (which may be made known to you whenever applicable) and cannot guarantee that cross-contamination will not occur between different products.
2. We employ our best efforts, but make no guarantee to, display the Products and other materials and information you view on the Platforms, including pricing, nutritional, and allergen information, as accurately as possible. However, we do not guarantee the accuracy of such materials and information which you expressly agree constitutes an invitation to treat only and are not responsible for any claims arising or resulting from your reliance thereon. In the event of an error on our Platforms, in an Order confirmation, in processing or delivering an Order or otherwise, we reserve the right to correct such error and revise your Order accordingly (including charging the correct price) or to cancel your order and issue you a refund. You further agree that the Products and other materials you receive in your Order may vary from the Products and materials displayed on the sites due to a number of factors, including but not limited to system capabilities and constraints of your computer, mobile phone or other electronical device used to access, use, or view the Platforms, manufacturing process or supply issues, the availability and variability of products, distinct cooking or other preparation methods and variability of cooking equipment and appliances. The Platforms may contain information about Products that are not available in every location. A reference to a Product on the sites does not imply or guarantee that it is or will be available in your location or at the time of your order.
3. Except as may be provided in a warranty by the manufacturer of a Product, all products and the Platforms and Content are provided on an “as is where is” basis without warranties of any kind, either express or implied especially towards the fitness of the Product for your purposes. We disclaim all other warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Platforms, content and Products, any warranties that arise from trade usage or custom, and any warranties that the Platforms or the Products will be free and clear from any adverse lien or security interests. We do not warrant that the Platforms and content, or any portion of the Platforms or content, or any materials or content offered through the Platforms, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and we do not warrant that any of those issues will be corrected.
4. No advice or information, whether oral or written, obtained by you from the Platforms, Content, or Parties or any materials or content available through the Platforms or Content will create any warranty regarding any of the Parties or the Platforms or Content that is not expressly stated in these Terms. We shall not be held responsible for any damage that may result from the Platforms and the Content and your dealing with any other user of the Platforms. You understand and agree that you use any portion of the Platform or Contents at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the Platforms) or any loss of data, including User Content.
5. We reserve the absolute right to change any and all Content and to modify, suspend or stop providing access to the Platform (or any features or functionality connected thereto) and the Products at any time without notice and without obligation or liability to you. Reference to any Products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
6. These disclaimers are expressed to the fullest extent as permitted by applicable laws.
Release of Liability
1. To the fullest extent permitted by applicable law, we, or any of the Parties shall not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access or use of the Platforms or Content or the Order, receipt or use of any Product or otherwise related to these Terms (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from us, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to negligence), strict product liability or any other legal or equitable theory (even if we have been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
2. To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of us or the Parties, jointly or severally arising out of or in any way related to (a) the Order, receipt or use of Products purchased from us exceed the amount paid for such products; and (b) the Order, receipt or use of products, or access or use of the Platforms or Content, exceed RM1,000-00 or the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose. The foregoing limitations shall apply even in the event your remedies hereunder fail, and shall constitute our and the Parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to negligence), strict product liability or any other legal or equitable theory.
3. To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge us and the Parties from and against, and covenant not to sue any such Party for all claims you have or may have arising out of or in any way related to these Terms.
Modification to the Platforms and Products
1. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Platforms (or any features or parts thereof) or the provision of the Products at any time and without liability therefor.
2. You acknowledge and agree that the Platforms or Contents may be inaccessible or inoperable for reasons including, but are not limited to, equipment malfunctions, schedule downtime for maintenance, upgrades and updates, repairs or replacements that we undertake from time to time in our sole discretion.
Severability
1. If any term, clause or provision herein is held by a Court of competent jurisdiction to be invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Governing Law
1. The Terms herein shall be governed in accordance with the laws of Malaysia, and any dispute or conflicts with regards to the Terms shall be adjudicated by a Court of competent jurisdiction in the State of Selangor or the Federal Territory of Kuala Lumpur.
Termination
1. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Platforms and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us to the fullest extent permitted by applicable law.
2. You may terminate your User Account and these Terms at any time by contacting customer service at info@additiveasia.com. Upon termination of these Terms (a) your license rights shall terminate and you must immediately cease all use of the Platforms and Content, and (b) you shall no longer be authorized to access your User Account or the Platforms or Content.
Force Majeure
1. Neither party shall be liable for the non-performance of its obligations under these Terms (save and except for obligations to make payment) if such non-performance in time and/or duly, wholly or in part, is due to a force majeure event. Force majeure is an event beyond the control of the parties, unpredictable and insurmountable, and may include, but are not limited to, any event or cause, existing or future, which is beyond the reasonable control of any of the parties including acts of God, storm, hurricanes, fire, floods, earthquakes or other natural catastrophes, explosion, epidemics, pandemics, quarantine, movement control orders, earthquake, strike, riot, lock out, embargo, interference by civil or military authorities, acts, regulations or orders of any governmental authority in their sovereign capacity, acts of war (declared or undeclared) including any acts of terrorism.
Entire Agreement
1. These Terms constitute the entire agreement between you and Additive Asia Sdn. Bhd. relating to your access to and use of the Platforms and your Order, receipt and use of the Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms sjall constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Additional Terms
1. Your use of the Platforms and Content is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or Content or certain features of the Platforms that we may post on or link to from the Platforms or Content (the “Additional Terms”).
2. All Additional Terms shall be incorporated by this reference into, and made a part of, these Terms.
Titles and Headings
1. The titles and headings for each of the clauses herein are inserted for convenience purposes only and shall have no legal or binding effect on either party.

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