TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICE.

1. Acceptance

These Terms cover the following products and services (“Service”) however accessed and/or used, which are operated by or otherwise made available by Heewon Sdn. Bhd.  or its affiliates (“Heewon” or “we”, “us”, or “our”):-

• Heewon.world; 
• All apps published by Heewon, whether for tablets, mobile devices or other platforms (“App”), unless otherwise indicated in the App;
• All email newsletters published or distributed by Heewon; and
• All other interactive features, services and communications provided by HeeWon.

By downloading, installing the App and/or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, whether in whole or in part, please discontinue using the Service and/or the App immediately.

Please take note that we may modify, amend and/or change any provisions of these Terms from time to time without your consent or prior notice. Your continued use of the Service and/or the App will signify your assent to and acceptance of any revised Terms.

2. Definitions
   1. “Account” means a user account registered by the User in the App;
   2. “Additional Policies” means any and all other operating rules, policies, and or guidelines in addition to the Terms of Use, that may govern the use of the Services and/or App and which is made known to you from time to time;

• “Collaboration Partner(s)” refers to the business, merchants and/or service providers who signed up as the participating merchants and/or service providers to provide services or sell any products or food to Users;

1. “User”, “you” and “your“, as applicable, means a person who in any manner whatsoever accesses or uses Services and/or the App in any manner.
2. Eligibility

Any User below Eighteen (18) years old shall use the App with the supervision of a parent or legal guardian who agrees to be bound by these Terms.

4. License to Access

4.1     We hereby grant you a non-exclusive, revocable license to use the App as set forth in these Terms, provided however that:

• you will not copy, distribute, or make derivative works of the App in any medium without our prior written consent;
• you will not alter or modify any part of the App other than as may be reasonably necessary to use the App for its intended purposes; and
• you will otherwise act in accordance with these Terms and with all applicable laws.

5. User Account

5.1    Registration: You are required to create an Account to access certain features of the App. You agree to provide accurate and complete information during the registration process.

5.2  Security: You shall be solely responsible for all activities that occur on your Account and you shall notify us immediately of any breach of security or any unauthorised use of your Account. Similarly, you shall never use another person’s account without permission. You agree that you will not misrepresent yourself or represent yourself as another User of the Services offered through the App. You hereby acknowledge and agree that we shall not be liable for your losses caused by any unauthorised use of your Account. Notwithstanding, you shall be liable for the losses suffered by Heewon or others due to such unauthorised use.

• Accurate Information: You agree to maintain true, accurate, complete, and up-to-date information of your Account. Heewon reserves its rights on requesting its users on performing a reasonable verification and providing any identification documents for the purpose of verification. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment/redemption method on file, may result in your inability to access and use the Services and/or App or termination of these Terms with you.

• You acknowledge and consent that you shall not:-
  1. change or remove any copyright and other proprietary notices from content on the Service;
  2. modify, or create derivative works based on, the content;
  3. access the App for any unauthorised or illegal purpose;
  4. use, or facilitate the use of, any unauthorized third-party software (g.bots, mods, hacks, and scripts) to modify or automate operation within the Service whether for yourself or for a third party;
  5. download quantities of content to a database for any reason and you will not in any manual or automated manner collect any User’s information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate information or content, including but not limited to, use on a “mirrored”, competitive, or third party site;
  6. decompose, disassemble, or reverse engineer any part of any Service, or otherwise use a Service for any purpose other than those provided for by us and in conjunction with the operations of the Service;
  7. develop functionally similar products or services to any Service;
  8. take any action to cause, or exploit, known or latent malfunctions, bugs or other defects in the Service or system used to operate the Service;
  9. attempt to circumvent any restriction in any Service based upon age, geography, or other restriction imposed by us;
  10. avoid, circumvent, or disable any security or digital rights management protocols or mechanism in any Service;
  11. use the content in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among customers, (c) that disparages or discredits Heewon, (d) that is otherwise exploitative for any commercial purpose; or (e) that otherwise infringes our intellectual property rights;
  12. take any action that (i) unreasonably encumbers or, in our sole discretion, may unreasonably encumber the App’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the App or any third-party participation in the App; or (iii) bypasses our measures that are used to prevent or restrict access to the App; and
  13. to collect or harvest any personally identifiable data, including without limitation, names or other User’s Account information, from the App, nor to use the communication systems provided by the App for any commercial solicitation purposes.
  14. REDEMPTION OF GIFT VOUCHERS AND HEECOINS

          Vouchers

6.1     The redemption is only applicable to the Users who has reached the age of majority (above 18 years old) and who have obtained any gift vouchers via treasure hunts of the App (“Voucher(s)”). This means that the Users may redeem the Voucher(s) from the Collaboration Partner(s) subject to the terms and conditions stipulated therein.

6.2     You agree and acknowledge that in all circumstances and subject to the consent of Heewon, the Voucher(s) cannot be transferred, exchanged or converted to any form consideration whether in monetary or non-monetary form from Heewon or any of its Collaboration Partner(s).

6.3     You agree and acknowledge that such Voucher(s) shall generally be subjected to the stipulated effective period as stated on the Voucher(s). In the event that the effective period has lapsed, the Voucher(s) shall no longer be redeemable. You shall not claim or redeem the value of the expired Voucher(s) in any form of consideration whether in monetary or non-monetary from Heewon.

6.4     The Voucher(s) are purely for the purpose to allow the Users to enjoy discount, offers and/or redemption purpose. In the event that such transactions or conversion occurred whether directly or indirectly, shall be deemed as a violation or material breach in these Terms. Hence, you agree and acknowledge that we shall reserve all rights to take any legal actions against you, to forfeit, suspend and/or terminate your Account.

6.5     In the event that you have encountered or received any products, food or services from that Collaboration Partner(s) that is under defect, faulty, unsatisfactory or not fit for purpose of the use of such products, food, and/or services, you agree that the Voucher(s) which has been redeemed for the purchase of such products, food or services shall not be refundable. You may either to deal with the Collaboration Partner(s) directly for the defect or unsatisfactory products, food and/or services if the circumstances are permissible or to contact our customer service team to facilitate such complaints to the Collaboration Partner(s). You agree and acknowledge that we merely facilitates and process your complaints and feedbacks to the Collaboration Partner(s) and shall not be responsible for the solutions provided by the Collaboration Partner(s). You agree that the Voucher(s) SHALL NOT be refundable or convertible into any form of cash.

          HeeCoins

• HeeCoins is the official virtual currency on the App. Users can earn HeeCoins from participating in contests and activities, and more using the App. HeeCoins will be credited to the Users when Users have completed a contest or activity.

• We reserve the absolute rights to set, amend, vary and/or change limits on the amount of HeeCoins that Users can earn and use. HeeCoins cannot be exchanged for cash and shall not be transferrable.

• Users may use HeeCoins for the following and subject to the terms and conditions of the following:-

• Redemption of e-vouchers and etc;
• Purchase of Heewon in-app game items; and
• Payment to Collaboration Partner(s)’ merchants (if applicable);

6A. VIRTUAL CONTENT & PAYMENT

6A.1    We may, at various times, permit you to purchase Virtual Content. “Virtual Content” is a generic term for the products and services available to users free of charge, via code card redemption, or for purchase within the Service which may be used within the Service to access certain features, functions, and other Virtual Content. Certain features in the Services and may be unavailable if not purchased.

6A.2    We may, from time to time, and at our sole discretion, provide opportunities for Users to acquire certain Virtual Content free of charge, at reduced rates, or as bonus content when you acquire other Virtual Content. You may only acquire Virtual Content in the amount and at times permitted by us in our sole discretion and may only purchase Virtual Content for your personal use within the Service. The inclusion of any Virtual Content at a particular time does not imply or warrant that the same Virtual Content will be available at any or all times. All features, content, capabilities, and specifications of Virtual Content described or depicted in the Service are subject to change at any time without notice.

6A.3    Virtual Content does not have monetary value, and may not be redeemed for legal currency, services, or items of value outside of the Services. Virtual Content obtained via the Service is provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Content appearing or originating in the service, and Virtual Content may not be transferred or resold in any manner not explicitly permitted by us. We may terminate your license to Virtual Content at any time and at our sole discretion.

6A.4    For all charges for any Virtual Content sold on the Service, we, or payment processor acting on our behalf, will bill your credit card or alternative payment method available. All prices for Virtual Content are displayed excluding taxes. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.

6A.5    In the event that your credit card or alternative payment provider refuses to pay us for an amount credited to your account, we will have the right to delete the Virtual Content or the products or services purchased with such Virtual Content from your Account. You agree that you will not cancel or reverse any charges for such Virtual Content or otherwise attempt to defraud us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including legal fees and any other expenses.

6A.6    All purchases of Virtual Content are non-returnable and non-refundable. If you redeem HeeCoins to purchase in-game virtual items, you lose right of redemption of e-vouchers because we begin performing our services upon your redemption of HeeCoins for Virtual Content. If through some problem with your Account or any other reason you lose Virtual Content and we can verify that you had it, we will make commercially reasonable efforts to replace them.

6A.7    You will not receive money or other compensation for unused Virtual Content when an Account is closed, whether such closure was voluntary or involuntary.

7. INTELLECTUAL PROPERTY, SERVICE CONTENT AND USER SUBMISSIONS

7.1     Unless otherwise noted, all content on the Service, including articles, artwork, screen shots, graphics, logos, downloads and other files, is the property of Heewon and is protected by relevant copyrights, trademarks and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products.

7.2     Subject to any limitations under applicable law, you acknowledge and accept that you have no property or other rights in any content on the Service, including but not limited to content that you may have created or developed including images, screen names, game scores, the content of chats and other messages submitted to a Service or to us directly.

7.3     All communications, solicited feedback, and other materials submitted to the Service (by email or otherwise) are non-confidential and non-proprietary. By submitting material to the Service and subject to any limitations under applicable law, you give up any claims that the use of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used.

7.4     Additionally, you grant us and any successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy and display such submitted information and material in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No further consideration or compensation will be given for any materials or information (including but not restricted to creative, financial, business, commercial, etc.); submitted in any manner.

7.5     Any errors or problems you discover shall be confidentially reported to our Customer Service directly so we can address them as quickly as possible.

7.6     Opinions, advice and all other information expressed by any third-parties on the Service represent their own views and not those of Heewon. You should not rely on such opinions, advice or other information. Neither Heewon nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates shall be responsible or liable for any decisions made based on such information.

8. NETWORK ACCESS & COMPATIBILITY

8.1     We may, from time to time, issue patches or updates for portions of the Service which must be installed to continue using those portions of the Service. You consent to receive and install those patches and updates in order to continue using the Service. You shall ensure that you use the correct App and use the most updated version for your device. We shall not be liable for the download and usage of wrong and/or outdated App on your device.

8.2     The Service and/or the App may be subject to limitations, delays, and other problems inherent in the use of the internet including the device used by you or the device being faulty, not connected, out of range, switched off or not functioning. We shall not be responsible for any delays, damages or losses resulting from such problems. You accept that you will have no recourse of any kind against us even if this causes you to lose a match, to lose Virtual Content, or to have no further access to all or part of the Service.

9. LIMITATION OF LIABILITY

• Notwithstanding the foregoing, you agree that in the event that a dispute arises between you and one or more Users or any third party, you hereby release Heewon, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes on the App or any Service provided thereunder.

• You expressly acknowledge and agree that the use of the App is at your sole risk. Heewon, its officers, directors, employees and agents make no warranties and/or representations and disclaim all warranties, representations and/or conditions whether express or implied arising or resulting from or under and in connection with the Service and/or the App and from your use or inability to use thereof including but not limited to:-
  1. the accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error-free service or operation, continuity and availability of Service or operation, compatibility and usability with third party or other services, fitness for a particular purpose, quiet enjoyment, and noninfringement of third party rights of the website or any service that we provides
  2. any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the Service and/or the App (whether by we or any third party through the App);
  3. any unauthorized access to or use of the App or our servers, data or information;
  4. any cessation, termination or disturbance of transmission to or from the App;
  5. any computer viruses, worms, trojan horses or other malware or by trespass or burdening network capacity whether transmitted to or through the App whether due to the actions of any third parties or otherwise;
  6. any transaction or transmission between you and any third-party provider of products or services of any kind in any medium whatsoever; and/or
  7. any harassment, abuse, stalking, threatening, defamatory, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of the App or otherwise.
• You agree to indemnify and hold harmless to the fullest extent allowed by law, Heewon, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and/or expenses of any nature whatsoever arising from your use of the website, your breach and/or violation of any term of these Terms, your breach and/or violation of any third party right of any nature whatsoever, including but not limited to copyright, intellectual property, property and/or privacy rights.

10. PROHIBITIONS, REPRESENTATIONS AND WARRANTIES

• You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the App including but not limited to your profile or the posting of any opinions or reviews in connection with the Service, the App and/or any of our Users (collectively referred to as “Submitted Content“) that:-
  • misrepresents the source of anything you post, including impersonation of another individual or entity of any false or inaccurate biographical information for any Users, provides or create links to external sites that violate these Terms, is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;
  • invades anyone’s privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage the reputation and/or interest of Heewon or any third party;
  • is pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
  • is in whole or part copyrighted, protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Heewon all of the license rights granted therein;
  • is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;
  • intends to harm or disrupt another User’s computer or would allow others to illegally access software or bypass security on websites or servers through any means;
  • distributes or contains viruses or any other technologies that may jeopardise our interests and/or property of our users; and/or
  • contains links to commercial services or websites, except as allowed pursuant to the Terms.
• You will not send messages to other User whom you have contacted via or through the App containing:
  1. offers to make money transfers and/or request for any money; or
  2. unsolicited advertising or marketing of a service that is (i) not offered on the App; or (ii) is offered on an external website.
• While using the App, you shall not:
  1. post content or items in any inappropriate category or areas on the App;
  2. violate any laws, third-party rights and/or any provision of the Terms;
  3. circumvent or manipulate any fee structure or billing process that Heewon may have implemented;
  4. post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any of our users);
  5. leave any untrue or inappropriate feedback about any User and you shall at all times be cautious and shall practice good judgment in leaving any feedback.
• You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the App, or transmit to other Users. You understand and agree that Heewon may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of the App, the User and/or others.

11. TERMINATION

• Heewon reserves the right at any time and from time to time to discontinue, temporarily or permanently the Services, the App and/or any part thereof with or without notice and in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services and/or the App.

• You hereby acknowledge and agree that Heewon may in its sole and absolute discretion has the right (but not obligated) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Service and/or the App or otherwise terminate your access to or participation in the use of the Services and/or any part thereof, or remove and discard any Submitted Content on the App immediately and without notice and for any reason which is may but is not obliged to disclose.

• Upon termination of your Account, your right to participate on the App and/or Services in any way shall automatically terminate, whereby the following shall occur:
  1. your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. However, such residual data may remain in our system;
  2. all licenses granted to you will immediately cease;
  3. all e-vouchers and/or HeeCoins in your Account will immediately cease;
  4. we shall not be liable to you or any third party for any termination of your access to the App; and
  5. all related licenses you have granted hereunder shall remain in effect for the foregoing purpose. In no event is Heewon obligated to return any Submitted Content to you. All terms and conditions and rights in favour of Heewon shall survive termination and remain in the full benefit of Heewon.
• You agree to indemnify and hold Heewon, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of the termination.

12. CONTESTS

This Service may refer to contests or similar events that offer prizes or require you to send in material or information about yourself. Each contest or other such event has its own rules, which you must read and agree to before you may enter.

13. NO AGENCY OR PARTNERSHIP

You hereby acknowledge and agree that no agency, partnership, joint venture, or employment is created as a result of the Terms or your use of any part of the Service and/or App.

14. ENTIRE TERMS

            The Terms, together with any Additional Policies published by us on the App, shall constitute the entire agreement between you and Heewon concerning the Service and/or App. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

15. GOVERNING LAW

These Terms shall be governed by the laws of Malaysia and you agree to submit to the jurisdiction of the courts of Malaysia in the event of any claims or disputes.