Terms and Conditions
Welcome to Harvees!
Before you begin, allow us to explain our Terms and Conditions ("Agreement") for the use of Harvees for both mobile and web platforms. We request you carefully go through our Agreement as they establish what you can expect from using Harvees and us at Kildekode, Inc. ("Company"), and what we expect from you.
This Agreement governs your use of the Harvees Mobile and Web Applications ("App"). By using the App and availing the of the available Harvees' services ("Services"), as defined in Section 3 below, you confirm that, by creating an account for the use of the App and the Services, you agree to be bound by the provisions of this Agreement. If you do not agree to any portion of or the entirety of this Agreement, you may not use the App and avail of the Services. Any violation of the provision(s) of this Agreement may cause the Company to immediately terminate this Agreement and your account as well as deny you usage of the App and cease the provision of the Services to you.
Supplemental Terms and Conditions ("Supplemental Agreement") may apply to certain Services, such as for particular features, programs, activities or promotions within the App. Such Supplemental Agreement will be disclosed to you in a separate disclosure in connection to the applicable Service(s), or in a region-specific disclosure. The Supplemental Agreement shall be taken in addition to and in relation to the provisions of this Agreement and shall be construed as an integral part of this Agreement for the purposes of the applicable Service(s). In the event of inconsistency between the provisions of this Agreement and the Supplemental Agreement with respect to the applicable Service(s), the provisions of the Supplemental Agreement shall prevail.
The Company may amend this Agreement or the Supplemental Agreement when the need arises. Such amendments shall be effective once they are posted on the App or published by the Company on any or all of the platforms it maintains. Amendments will not apply retroactively, and will only take effect when the above mentioned posting or publication by the Company is made. Your continued use of the App and the Services confirms your consent to be bound by the amended Agreement or Supplemental Agreement.
Our Contractual Relationship
The App and the Services are provided to you by the Company, a corporation duly organized and existing under the laws of the Republic of the Philippines.
You, as a person with access to the App and the Services, are independent third parties, such as users and advocacy-specific, non-profit organizations ("Advocacies"), who use the App and the Services for commercial, charitable or for any legal purpose whatsoever ("Users").
Our relationship, by virtue of this Agreement, shall be that of a service provider and of a service recipient. In addition, you shall, in any and all circumstances, neither be considered as an employee nor agent of the Company and the Company shall, in any and all circumstance, neither be considered as your employer nor principal.
Harvees was primarily designed by the Company to serve as a marketing and fundraising mechanism for Advocacies. Other Services may be made available to certain Users depending onthe privileges thereby granted to them by the Company. Incidentally, certain Services available in the App may enable Users to give their fellow Users the opportunity to earn fractional incentives from one another through in-game transactions using "Crops", the Harvees in-game currency.
Full access to the App and its Services are exclusive to Users and shall be only made available once you receive or adopt and plant a Harvees Seed. Your ability to obtain and use Crops through the App and its Services does not constitute the Company nor the App a provider of financial services.
The Company may modify the App and the related Services without need of notice or liability.
Subject to your agreement and compliance to these Terms, the Company grants you a limited, non-exclusive, revocable, non-transferable license to:
- Download, access, and use the App on your personal mobile or desktop device solely in connection with the availment of the Services;
- Access and use any content, information, and related materials that may be made available through the Services, shall be for personal and non-commercial use unless otherwise agreedto in writing; and
- Access and refer to any transparency reports in relation to how Crops are distributed by the Company.
Any rights not expressly stated herein are reserved to the Company.
you are not permitted, as a User, to:
- Remove or deface any copyright, trademark or other proprietary assets of the Company from any portion of the App and its Services;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App and its Services except as expressly permitted by the Company;
- Attempt to gain unauthorized access to the Company's systems, other Users' credentials,and information not expressly provided for you;
- Decompile, reverse engineer, or disassemble the App and its Services, including the Onion Effect mechanism;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App and its Services or unduly burdening, impairing, or hindering the operation and/or functionality of any aspect of the App and its Services.
Use of Services
Harvees may be used with or without a Registered Harvees Account ("Account"). But in order to access and use the full extent of the App's features and Services, every User must have an Account.
- In order to create an Account to access and use the App and its Services, you must be at least eighteen (18) years of age, or the minimum age required by your state or country to legally enter into a contract.
- Your Account is not transferable, and may not be used by third parties even whenexpressly authorized by the User.
- WiFi and Mobile Data – to access and use Harvees, you have to connect to the internet using either a WiFi connection or your personal device's mobile data provided by your cellular carrier. You are responsible for any fees that you incur whenever you connect via WiFi and/or Mobile Data.
- Compatible Hardware or Devices – depending on which version the App is currently in, your personal hardware or device may or may not support the latest version available. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App and its Services. The Company does not guarantee that the App and its Services, or any portion thereof, will be functional on any particular hardware or device.
- Taxation – In case the earnings that inure to you by way of the Farmer's Incentive feature are subject to tax in your jurisdiction, you hereby warrant that you shall bear the sole responsibility for meeting any and all required filing and payment obligations to the tax authority having jurisdiction over your location. You also indemnify Harvees and Kildekode from any and all liabilities that may arise from the taxation of the earnings that inure to you by way of the Farmer's Incentive feature which, by nature, are for your sole account.
- Preferred Banking – to be eligible for the Sell Crops Feature, you must be able to have an active PayPal account. In order to maintain the safety and security of the Sell Crops feature, the Company will not distribute eligible Crops earned through the Farmer's Incentive feature unless through PayPal. Financial fees incurred when using PayPal shall be shouldered by the User.
- Proof of Identity – specific to the Sell Crops Feature, the Company will require you to provide your legal name and tax identification number. Any attempt to defraud this process by providing falsified or fake information will result in the termination of your Account.
- User Content Community Standards – When you provide the company with personal content, such as but not limited to textual, visual, and/or audio content, you agree to not provide libelous, defamatory, hateful, violent, pornographic, obscene, or offensive materials. The Company reserves the sole right to determine whether or not content provided by Users are in violation of this clause. The Company may review, monitor,and/or remove content provided by the User at any time for any reason, without notice given to the User.
- User Conduct – If you are being investigated, legally and properly, by any governing body for any crime, or suspected or connected to the commission thereof, we may immediately and/or at the request of the government that covers your jurisdiction temporarily or permanently suspend your account. If you are convicted with finality of a crime by a competent court of law, your Account will be suspended and the Company will require you to appeal for the lifting of your suspension by providing anevidence of a successful judgment reversal. Be a good citizen of the world and do good.
The App, its Services, and other accessible assets and rights connected with the use of the App shall remain as property of the Company. Neither these Terms nor the use of the Appand/or its Services convey or give you any rights in relation to the App and its Services except those described in License Grant. All copyright, trademark, logo, brand and company name, and other identifiers cannot be used except when expressly consented to by the Company.
The App's standard platform currency is called Crops. As the only accepted currency in the Harvees Mobile App, Users may only acquire crops through the Harvees Web Platform's Buy Crops feature. The value of 1 Crop at the time of this writing is 1 Crop = 0.20 USD, and shall remain as such unless the Company posts a notice of any change in valuation, in any or all of the platforms it maintains. This valuation does not include any financial and administrative charges that the Company's preferred financial service provider, PayPal, may impose, which will be added to the total amount due when purchasing Crops.
At any time, Users may exchange their Crops to their currency of choice through the Harvees Web Platform's Sell Crops feature. The same valuation applies for both the Buy Crops and the Sell Crops feature, meaning 5 Crops will be exchanged for every 1 USD. The Sell Crops feature shall only allow Crops to be sold in the following pre-determined denominations, 1,000 (1K), 3,000 (3k), or 10,000(10k), and shall remain as such until the Company posts a notice of any change in denomination, in any or all of the platforms it maintains. This denomination does not include any financial and administrative charges that the Company's preferred financial service provider, PayPal, may impose, which will be added to the total amount due when selling Crops, similar to when Crops are purchased.
The App is designed to maximize the help given through its Services, hence the Company does not receive any percentage of monetary value on any Crop spending. The Company, through the rules set forth in the App, may take Crops allocated for the User as Farmer's Incentive as Spillovers. Spillovers may be:
- Result of Onion Layers not yet reaching ten (10) layers;
- Result of Withered Plant due to lack of Growth Button use for seven (7) consecutive days;
- Result of Expired Crops not being harvested within twenty-four (24) hours.
In order to achieve the Onion Effect through the App and its Services, you will be charged for every Harvees Seed, Rainfall, Bee Swarm, and Seed Moon, and other in-game items (collectively"Product(s)") paid for with Crops or the Standard Currency accepted by the Company. Similar to the Sell Crops Feature, you must purchase using the Company's preferred financial service provider, PayPal, when opting to pay using your debit card or credit card. You understand that the use of Services, especially when acquiring Products, may result in charges to you for the value of what you have received.
The Company will not offer refunds for any Product purchase for any available Products such as but not limited to Harvees Seed, Rainfall, Bee Swarm, and Seed Moon.
Your payments within the Harvees Web Platform for the Buy Crops Feature and/or the Seed Adoption Center will be in US Dollars (USD). If USD is not the currency you use, the prevailing exchange rate shall be that of PayPal's exchange rate for the moment you make your purchase.
Harvees Transaction Fees
To maximize the help being distributed to advocacies and farmers, Harvees does not receive any amount from your purchases. However, a 5% + 0.50 USD transaction fee will be imposed on top of your purchases to facilitate the payment and administrative infrastructure of Harvees.
Limitation of Liability
To the fullest extent permitted by law, in no event will the Company, its directors, employees, or partners be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages
- Resulting from your access to, use of, or inability to access or use the App and/or its Services;
- For any lost profits, data loss, or cost of procurement or substitute goods or services; or
- For any conduct of content of any third party on the App in no event shall the Company's liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
If you, through your actions whether intentional or otherwise, caused the Company to be sued forany reason, you agree to defend, indemnify, and hold the Company, its Shareholders, its Employees, and its Partners harmless from all liabilities, claims, and expenses (including attorney's fees and other legal costs) that may arise from your use or misuse of the App and/or its Services.
Choice of Law and Dispute Resolution
Any disputes arising from the use of the App and/or its Services shall be handled under Philippine law in Quezon City, Philippines, to the exclusion of others.
END OF TERMS AND CONDITIONS