Terms of Use

1. Introduction and Acceptance

These Terms of Use ("Terms") govern your access to and use of the HakShan online ordering platform, including the website operated at horvy-frontend.vercel.app (and any successor domain), and any related mobile applications or services (collectively, the "Platform").

The Platform is operated by Horvy Pavilion Sdn Bhd (Company Registration No. 202501038537 (1639946-X)) ("Horvy Pavilion", "we", "us", or "our"), a company incorporated in Malaysia.

Food orders placed through the Platform are prepared and fulfilled by authorised outlet partners operating under the HakShan (客善) brand. All outlet partners are subsidiaries or affiliated entities under Horvy Holding Sdn Bhd (collectively, "Outlet Partners").

By accessing, browsing, or using the Platform, or by creating an account, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

2. Eligibility

To use the Platform and place orders, you must:

• Be at least 18 years of age, or have the consent of a parent or legal guardian;
• Have the legal capacity to enter into binding contracts under Malaysian law;
• Provide accurate, current, and complete information when creating an account or placing an order;
• Be located within Malaysia and ordering for delivery or collection from an outlet within our service coverage area.

3. Account Registration

3.1 To place orders, you may be required to register an account using your mobile phone number. We use one-time password (OTP) verification via SMS to authenticate account access.

3.2 You are solely responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

3.3 We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, if we reasonably believe you have breached these Terms or engaged in fraudulent, abusive, or unlawful activity.

3.4 Only one (1) account may be registered per individual. A mobile telephone number may only be associated with one (1) account at any time.

4. Ordering and Fulfilment

4.1 The Platform offers two order types: (a) delivery to a specified address within our service coverage area, and (b) self-collection from a selected Outlet Partner location.

4.2 Orders are routed to the Outlet Partner you select or the Outlet Partner closest to your delivery address. The specific Outlet Partner (being a separate Sdn Bhd entity) is the party that prepares and fulfils your order.

4.3 All menu items, prices, promotions, and availability are subject to change without prior notice. While we endeavour to keep the Platform accurate, we do not warrant that product descriptions, images, pricing, or availability are always current or error-free.

4.4 An order is confirmed once payment has been successfully processed and the order has been accepted by the Outlet Partner. You will receive an order confirmation via the Platform and/or SMS/WhatsApp notification.

4.5 ORDER CANCELLATION

Once an order is confirmed and transmitted to the Outlet Partner's kitchen, it cannot be cancelled or modified. This is due to the perishable nature of food and the immediate commencement of food preparation. By placing an order, you acknowledge and accept this no-cancellation policy.

5. Payment

5.1 Payment for all orders is processed by Horvy Pavilion Sdn Bhd through our authorised payment gateway provider, FIUU. Accepted payment methods include online banking (FPX), credit and debit cards, e-wallets, and other methods displayed at checkout.

5.2 All prices displayed on the Platform are in Malaysian Ringgit (RM) and are inclusive of applicable Sales and Service Tax (SST) unless stated otherwise. Delivery fees, service charges, and packaging fees (where applicable) will be displayed separately before order confirmation.

5.3 In the event of a failed or declined payment, your order will not be processed. You are responsible for ensuring sufficient funds and valid payment credentials.

5.4 You authorise Horvy Pavilion to collect payment on behalf of the applicable Outlet Partner and to remit the corresponding amount to that Outlet Partner pursuant to the internal arrangement between Horvy Pavilion and the Outlet Partners.

5.5 If your credit card is processed overseas, you shall be liable for any additional charges, currency conversion fees, or foreign transaction fees imposed by your issuing bank.

6. Delivery and Collection

6.1 Delivery services are provided by our authorised third-party logistics partner, Pandago (operated by Delivery Hero Malaysia Sdn Bhd), contracted directly by the relevant Outlet Partner.

6.2 Estimated delivery times are indicative only and may vary due to traffic, weather, peak periods, rider availability, and other factors beyond our reasonable control.

6.3 The maximum delivery radius is up to 15 kilometres from the nearest available Outlet Partner, subject to Pandago coverage and rider availability.

6.4 For self-collection, you must collect your order from the designated Outlet Partner within the collection window notified to you. Orders not collected within 30 minutes of the notified ready time may be discarded at the Outlet Partner's discretion without refund.

6.5 Further details regarding delivery and collection are set out in our Delivery & Pickup Policy, which forms part of these Terms.

7. Refunds and Returns

Given the perishable nature of prepared food, orders are generally non-refundable except as expressly set out in our Refund Policy, which forms part of these Terms. Please refer to the Refund Policy for full details.

8. Allergens and Dietary Information

8.1 Menu items may contain allergens including but not limited to peanuts, tree nuts, soy, dairy, eggs, gluten, shellfish, and sesame. Allergen information is provided on the Platform for reference.

8.2 CUSTOMER RESPONSIBILITY

You are solely responsible for reviewing ingredient and allergen information before placing an order. If you have any allergies, intolerances, dietary restrictions, or medical conditions, you must carefully check menu descriptions and, where necessary, contact the Outlet Partner directly before ordering. Horvy Pavilion and the Outlet Partners shall not be liable for any allergic reaction, illness, or adverse health outcome resulting from consumption of our food, except where caused by gross negligence or wilful misconduct.

8.3 Our kitchens handle a wide range of ingredients and cross-contamination may occur. We cannot guarantee that any menu item is completely free from any specific allergen.

9. Intellectual Property

9.1 All content on the Platform, including but not limited to the HakShan (客善) name and logo, Horvy branding, text, graphics, images, menu descriptions, photographs, software, and overall design, is the property of Horvy Pavilion Sdn Bhd, Horvy Holding Sdn Bhd, its affiliates, or its licensors, and is protected by Malaysian and international intellectual property laws.

9.2 You may not copy, reproduce, republish, upload, transmit, distribute, modify, or create derivative works of any content from the Platform without our prior written consent.

9.3 We grant you a revocable, non-exclusive, non-transferable, personal, limited licence to access and use the Platform solely for the purpose of placing orders for your own personal, non-commercial use. All rights not expressly granted to you are reserved.

10. User Conduct and Prohibited Uses

10.1 You agree that you will use the Platform only for lawful purposes and in accordance with these Terms.

10.2 You agree that you will NOT:

• Use the Platform for any unlawful, fraudulent, or deceptive purpose;
• Place orders using false information, stolen payment credentials, or another person's account without authorisation;
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• Attempt to gain unauthorised access to the Platform, its servers, user accounts, or any related systems or networks;
• Transmit viruses, worms, trojan horses, malware, or other harmful computer code, files, scripts, or programs;
• Introduce any code, files, or programs that interrupt, destroy, or limit the functionality of the Platform or any associated hardware or telecommunications equipment;
• Launch any automated program or script, including web spiders, crawlers, bots, or any program that makes multiple server requests per second or unduly burdens the Platform's operation;
• Use any robot, spider, scraper, or other automated means to access, retrieve, index, "data mine", or reproduce any content on the Platform;
• Reverse engineer, decompile, or attempt to derive the source code of the Platform or any of its components;
• Build a competitive product or service using similar ideas, features, functions, or graphics of the Platform;
• Remove any copyright, trademark, or other proprietary notices contained on the Platform;
• Use the Platform on jailbroken, rooted, or otherwise compromised devices;
• Harass, abuse, threaten, defame, or otherwise violate the rights of delivery riders, outlet staff, other users, or our personnel;
• Send spam, duplicative, or unsolicited messages through or in relation to the Platform;
• Cause or encourage any conduct that would constitute a criminal offence or give rise to civil liability;
• Engage in abusive refund, dispute, or chargeback practices, including fraudulent chargebacks;
• Resell, sublicense, or commercially exploit the Platform or any content obtained from it;
• Take any action that may damage the reputation of Horvy Pavilion, Horvy Holding, or any Outlet Partner;
• Fail to comply with any applicable third-party terms that govern services integrated into the Platform.

10.3 You assume full responsibility and liability for all loss or damage suffered by yourself, Horvy Pavilion, the Outlet Partners, or any third party as a result of any breach of this Section 10.

11. NO WARRANTIES

11.1 THE PLATFORM AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.

11.2 TO THE FULLEST EXTENT PERMITTED BY MALAYSIAN LAW, HORVY PAVILION SDN BHD AND ITS AFFILIATES, LICENSORS, AND OUTLET PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS THAT:

(A) THE PLATFORM IS MERCHANTABLE, OF SATISFACTORY QUALITY, TIMELY, RELIABLE, SECURE, ACCURATE, OR FIT FOR ANY PARTICULAR PURPOSE;

(B) THE PLATFORM WILL BE FREE OF DEFECTS, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS;

(C) THE PLATFORM WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS;

(D) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

(E) ANY INFORMATION, CONTENT, OR DATA TRANSMITTED THROUGH THE PLATFORM WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY DELIVERED;

(F) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

11.3 THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE NETWORKS, AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES, OR LOSSES RESULTING FROM SUCH PROBLEMS.

12. Limitation of Liability

12.1 To the maximum extent permitted by Malaysian law, Horvy Pavilion Sdn Bhd, Horvy Holding Sdn Bhd, the Outlet Partners, and their respective directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, loss of business opportunity, or unauthorised access to or alteration of your account, arising out of or in connection with your use of the Platform or any order placed through the Platform.

12.2 Our total aggregate liability to you for any claim arising out of or in connection with these Terms or any single order shall not exceed the total amount paid by you for the order giving rise to the claim.

12.3 We shall not be liable to you for any loss or damage that:

• Was not caused by our breach of these Terms or breach of legal duty of care;
• Was not a reasonably foreseeable result of our breach at the time the Terms were entered into;
• Arises as a result of your failure to take reasonable precautions or your own breach of these Terms;
• Arises from circumstances beyond our reasonable control (see Section 18, Force Majeure).

12.4 Nothing in these Terms shall exclude or limit liability for death or personal injury caused by proven negligence, fraud, or any other liability that cannot be excluded under Malaysian law.

13. Indemnity

You agree to defend, indemnify, and hold harmless Horvy Pavilion Sdn Bhd, Horvy Holding Sdn Bhd, the Outlet Partners, and their respective directors, officers, employees, agents, and licensors from and against any and all claims, suits, damages, costs, fines, penalties, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use or misuse of the Platform;
• Your breach of these Terms;
• Your violation of any applicable law or the rights of any third party;
• Any content or information you submit or transmit through the Platform.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification, in which event you agree to cooperate with us in asserting any available defences.

14. Third-Party Services

The Platform integrates with third-party services including but not limited to FIUU (payment processing), Pandago (delivery logistics), Twilio (SMS), Google (maps and geolocation), and Supabase (data infrastructure). Use of these services is subject to their respective terms and policies. We are not responsible for the acts, omissions, or service failures of these third parties, save to the extent required by law.

15. Notices

15.1 We may give notice to you by means of a general notice on the Platform, mobile messaging services, electronic mail to your registered email address, SMS to your registered mobile number, or written communication sent by registered mail to your address in our records.

15.2 Notice shall be deemed given immediately when posted on the Platform, within 1 hour when sent by SMS or email, or 48 hours after being sent by registered mail.

15.3 You may give notice to us by email or by letter sent by courier or registered mail to our registered address. Such notice shall be deemed given upon receipt by us.

16. Modifications to Terms

We reserve the right to amend these Terms at any time at our sole discretion. Material changes will be notified via the Platform, email, or SMS to registered users at least 7 days before the effective date. Your continued use of the Platform after such notice constitutes acceptance of the amended Terms.

17. Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, if we reasonably believe you have breached these Terms. Upon termination, all provisions which by their nature should survive (including intellectual property, limitation of liability, indemnity, arbitration, and governing law) shall remain in full force.

18. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, floods, fire, adverse weather, pandemics, epidemics, power outages, system failures, strikes, civil unrest, road closures, or any act or regulation of a government or public authority.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent tribunal or court of competent jurisdiction, such provision shall be struck and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

20. No Waiver

The failure or delay of Horvy Pavilion to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

21. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, subcontract, or otherwise deal with our rights and obligations under these Terms to any affiliate, successor, or third party without your consent.

22. Relationship

No joint venture, partnership, employment, or agency relationship exists between you, Horvy Pavilion, the Outlet Partners, or any third-party provider as a result of these Terms or your use of the Platform.

23. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to any choice or conflict of law provisions.

24. Dispute Resolution and Arbitration

24.1 Any dispute, controversy, action, claim, or cause of action arising out of or in connection with these Terms, the Platform, or any order placed through the Platform (a "Dispute") shall, where not resolved amicably between the parties, be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre ("AIAC") in accordance with the Arbitration Rules of the AIAC for the time being in force ("Rules"), which Rules are deemed incorporated by reference into this clause.

24.2 The arbitration shall be conducted as follows:

• The seat and venue of the arbitration shall be Kuala Lumpur, Malaysia;
• The arbitration shall be conducted in the English language;
• The tribunal shall consist of a sole arbitrator, appointed by mutual agreement of the parties; failing such agreement, the arbitrator shall be appointed by the Director of the AIAC in accordance with the Rules;
• The fees of the arbitrator shall be borne equally by the parties, provided that the arbitrator may order costs against the unsuccessful party in the final award.

24.3 The award of the arbitrator shall be final and binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction.

24.4 Notwithstanding the foregoing, we reserve the right to seek injunctive or equitable relief from any competent court in Malaysia to protect our intellectual property rights, confidential information, or to enforce payment obligations, without first resorting to arbitration.

24.5 Nothing in this Section 24 shall prevent either party from pursuing a claim in a Malaysian court of small claims jurisdiction for claims that fall within the monetary limits of such court.

25. Prevailing Language

These Terms may be made available in English and in translated versions. In the event of any inconsistency between the English version and any translated version, the English version shall prevail.

26. Taxes

You agree that these Terms shall be subject to all prevailing statutory taxes, duties, fees, charges, and/or costs, however denominated, as may be in force, and any future taxes that may be introduced at any time.

27. Contact Information

For questions, complaints, or notices regarding these Terms, please contact us at:

By using the HakShan Platform, you confirm that you have read, understood, and agree to these Terms of Use.