Terms and Conditions

Effective Date: November 25, 2024

These Terms and Conditions constitute a legally binding agreement between you and Harmoni Bersih regarding your use of our website and services. By accessing our website or engaging with our services, you accept and agree to be bound by these terms.

Contact Information

Level 32, Menara Telekom

Jalan Pantai Baharu

50672 Kuala Lumpur, Malaysia

Phone: +60 3 2283 7461

1. Legal Agreement and Binding Nature

These Terms and Conditions form a binding legal agreement. By using our website or services, you represent that:

  • You have read and understood these terms in their entirety
  • You have the legal capacity to enter into this agreement
  • If representing an organization, you have authority to bind that organization
  • You agree to comply with all applicable laws and regulations
  • All information you provide is accurate and current

If you do not agree with any part of these terms, you must immediately discontinue use of our website and services.

2. User Obligations and Responsibilities

2.1 Legal Compliance

Users must:

  • Comply with all applicable Malaysian laws and regulations
  • Ensure all interactions with our services are lawful
  • Respect intellectual property rights and privacy laws
  • Adhere to industry-specific regulations relevant to their facility
  • Obtain necessary permissions and authorizations for their inquiries

2.2 Conduct Requirements

Users are expected to:

  • Provide truthful and accurate information in all communications
  • Maintain the confidentiality of any sensitive information shared
  • Refrain from abusive, threatening, or inappropriate behavior
  • Respect our staff, property, and business operations
  • Use our contact forms and services only for legitimate business purposes

2.3 Prohibited Activities

Users must not:

  • Engage in fraudulent, deceptive, or misleading practices
  • Violate any third-party rights or obligations
  • Transmit harmful code, viruses, or malicious software
  • Attempt to circumvent security measures or access controls
  • Use automated tools to scrape or collect data without authorization
  • Interfere with other users' access to or use of our services
  • Misrepresent your identity, credentials, or authorization

2.4 Age and Capacity

Our services are intended for business users who are at least 18 years of age and have the legal capacity to enter into binding agreements. By using our services, you confirm that you meet these requirements.

3. Service Agreements and Contracts

3.1 Quotations and Proposals

Service quotations provided through our website or communications are:

  • Valid for 30 days from the date of issue unless otherwise specified
  • Subject to site assessment and confirmation of requirements
  • Based on information provided by the client at the time of inquiry
  • Not binding until a formal service agreement is executed

3.2 Service Contracts

Formal cleaning service contracts will include:

  • Detailed scope of work and service specifications
  • Pricing structure and payment terms
  • Service schedules and operational procedures
  • Quality standards and performance metrics
  • Terms for contract renewal, modification, or termination

4. Liability and Warranties

4.1 Service Disclaimers

While we strive for excellence in all our services:

  • We do not guarantee specific cleaning outcomes or operational improvements
  • Results depend on facility conditions, operational requirements, and client cooperation
  • We are not liable for pre-existing facility damage or conditions
  • Service effectiveness may vary based on environmental factors
  • We cannot control all variables affecting facility cleanliness

4.2 Limitation of Liability

Our liability is limited to the extent permitted by law. We are not liable for:

  • Indirect, incidental, or consequential damages
  • Loss of business, revenue, or profits
  • Data loss or corruption not directly caused by our services
  • Damages resulting from client's failure to follow recommendations
  • Third-party actions or omissions
  • Force majeure events beyond our reasonable control

For contracted services, our total liability shall not exceed the fees paid for the specific service giving rise to the claim.

4.3 Warranty Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Harmoni Bersih, its affiliates, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:

  • Your violation of these Terms and Conditions
  • Your violation of any applicable laws or regulations
  • Your violation of any third-party rights
  • Inaccurate or misleading information you provide
  • Your negligence or willful misconduct
  • Unauthorized use of our services or website
  • Any claims made by third parties related to your use of our services

This indemnification obligation survives termination of your use of our services.

6. Dispute Resolution and Governing Law

6.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.

6.2 Jurisdiction

You irrevocably consent to the exclusive jurisdiction and venue of the courts located in Kuala Lumpur, Malaysia, for all disputes arising from or relating to these Terms and Conditions or your use of our services.

6.3 Dispute Resolution Process

Before pursuing formal legal action, parties agree to:

  • Provide written notice of the dispute to the other party
  • Attempt to resolve the matter through good-faith negotiation
  • Allow 30 days for informal resolution efforts
  • Consider mediation before litigation if informal resolution fails

7. Confidentiality and Non-Disclosure

7.1 Confidential Information

Both parties agree to maintain confidentiality of:

  • Business operations and proprietary information
  • Facility security procedures and access protocols
  • Pricing and commercial terms
  • Technical specifications and requirements
  • Any information marked or reasonably understood as confidential

7.2 Permitted Disclosures

Confidential information may be disclosed when:

  • Required by law or legal process
  • Necessary for service performance with proper safeguards
  • Already in the public domain through no fault of the receiving party
  • Independently developed without use of confidential information

8. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond their reasonable control, including but not limited to:

  • Natural disasters, severe weather events, or pandemics
  • War, terrorism, civil unrest, or government actions
  • Labor disputes, strikes, or lockouts
  • Utility failures or infrastructure breakdowns
  • Fires, floods, earthquakes, or other catastrophic events

The affected party must promptly notify the other party and make reasonable efforts to resume performance as soon as practicable.

9. Modifications and Amendments

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective upon posting to our website with an updated effective date. Material changes will be communicated through:

  • Website notice or banner
  • Email notification to registered users
  • Direct communication with active service clients

Continued use of our website or services after changes are posted constitutes acceptance of the modified terms. For existing service contracts, amendments require mutual written agreement.

10. Severability and Waiver

10.1 Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

10.2 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms does not constitute a waiver of that right or provision.

11. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Harmoni Bersih regarding your use of our website and services. They supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written.

12. Contact and Legal Notices

For questions about these Terms and Conditions or to provide legal notices:

By Mail: Level 32, Menara Telekom, Jalan Pantai Baharu, 50672 Kuala Lumpur, Malaysia

By Phone: +60 3 2283 7461

Online: Through our contact form

Legal notices must be sent in writing and will be deemed given when received by the intended recipient.