Terms of Service
1. General
Thank
you for using HEWO.com which is solely owned, licensed, operated and
controlled by HEWO Sdn Bhd. Both website and company are hereinafter
jointly referred to as ‘HEWO’. Your use of HEWO’s website, software,
content, products and services (collectively referred to as ‘Services’)
signifies your automatic and absolute agreement to the following terms
of service, including but not limited to any additional conditions or
usage guidelines and rules available to you through your use of
Services that will supplement this Terms of Service (TOS).
2. Copyright and Intellectual Property Policy
Modification
of any material or any other use of material from HEWO is a violation
of HEWO’s copyright and other propriety rights. Any use of content,
resources and materials including copying, duplicating, reproduction,
republication, transmission, distribution, selling, trading,
re-selling, displaying, uploading and posting in any manner is strictly
prohibited.
All
names, logos, domain names, symbols, marks and other distinctive brand
features appearing in HEWO.com are trademarks used under licensed or
owned by HEWO or its affiliates. Any use of these trademarks, features,
content or materials, including without limitation to creating works or
materials that derive from or based on materials found in HEWO is
prohibited.
You
retain copyright or any other rights you already hold in the Content,
including data, text, software, messages, tags, video, audio, graphics
and photographs or other materials, which you submit, post, make
available or display on or through the Services. By submitting,
posting, making available or displaying such Content or materials, you
give HEWO a perpetual, irrevocable, worldwide, royalty-free and
non-exclusive license to reproduce, adapt, modify, translate, publish,
publicly perform or display, distribute any such Content (in whole or
in part) and to incorporate such Content into other works in any format
or medium now known or later developed for the sole purpose of enabling
HEWO to display, distribute and promote the Services. You also confirm
and warrant to HEWO that you have all the power, rights and authority
necessary to grant the license.
3. Privacy Policy
HEWO
collects personal information when you register for the Services or
otherwise voluntarily provide such information. HEWO may combine
personal information collected from you with information we obtain from
third parties to provide a better user experience, including
customizing content for you. HEWO’s servers automatically record
information when you visit HEWO’s website or use some of our programs
or softwares, including the URL, IP address, browser type and language,
and the date and time of your request.
HEWO may use personal information
- to provide the services you've requested, including services that display customized content and advertising.
- for auditing, research and analysis to operate and improve HEWO technologies and services.
HEWO
may share aggregated non-personal information with third parties
outside of HEWO. When we use third parties to assist us in processing
your personal information, we require that they comply with our Privacy
Policy and any other appropriate confidentiality and security measures.
HEWO may also share information with third parties in limited
circumstances, including when complying with legal process, preventing
fraud or imminent harm, and ensuring the security of HEWO’s network and
services.
HEWO never use or share the personally identifiable information
provided to HEWO online in ways unrelated to HEWO.
4. Your Responsibilities as User
You agree not to use HEWO and its Services to:
- upload,
post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, torturing,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate
any person or entity, including, but not limited to, a HEWO official,
forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
- upload,
post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
- upload,
post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
- upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping) that are designated for such
purpose;
- upload, post, email, transmit
or otherwise make available any material that contains software viruses
or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment;
- disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real
time exchanges;
- interfere with or
disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
- intentionally
or unintentionally violate any applicable local, state, national or
international law, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
- "stalk" or otherwise harass another; and/or
- collect
or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs ‘a’ through
‘l’ above.
You
acknowledge and agree that HEWO may access, preserve and disclose your
account information and Content if required to do so by law or in a
good faith belief that such access preservation or disclosure is
reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of HEWO, its users and the public..
5. Data and Content Use
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags or other materials,
whether publicly posted or privately transmitted, are the sole
responsibility of the person from whom any of the Content originated.
This means that you, and not HEWO, are entirely responsible for all or
any of the Content that you upload, post, email, transmit or otherwise
make available through the Services. HEWO has no control over source
and hence does not warrant the accuracy, integrity or quality of such
Content. HEWO will not be liable in any way for any Content, including
without limit any errors or omissions in any content, or any loss or
damage of any sort incurred as the result of the use of any content
posted, emailed, transmitted or otherwise made available through the
Services.
The
quality and completeness of herbs data cannot be warranted. You shall
employ these data at your own risk. You are required to refer to the
source materials listed in the reference or further reading section,
consult professionals or search for other resources in support of your
use of the data.
You
agree that you must evaluate and bear all risks associated with the use
of any data and Content, including any reliance on the accuracy,
completeness, or usefulness of such data and Content. HEWO reserves the
right to pre-screen or refuse any such data and Content that are
available through the Services and remove any of that that violates
this TOS or is otherwise objectionable.
6. Disclaimer of Warranties and Liabilities
HEWO
DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL MEET YOUR
REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN
“AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. HEWO ASSUMES NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO
STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. HEWO AND ITS
AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT, WHETHER
EXPRESS OR IMPLIED, THE ACCURACY, COMPLETENESS, CURRENTNESS,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OF THE INFORMATION AVAILABLE THROUGH THE SITE. NOR DO THEY WARRANT THAT
THE SITE OR SERVICES WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE OR THAT
THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY MATERIALS, CONTENTS OR DATA OBTAINED THROUGH THE USE OF
SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM HEWO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
7. Limitation of Liabilities
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT HEWO AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF HEWO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), AS A RESULT OF:
- THE USE OR THE INABILITY TO USE THE SERVICES;
- THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE
8. Indemnit
You
agree to indemnify and hold HEWO and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any
claim or demand, including but not limited to reasonable attorneys’
fees, made by any third party due to or arising out of Content you
submit, post, transmit or otherwise make available through the Service,
your use of the Service, your connection to the Service, your violation
of this TOS, or your violation of any rights of another.
9. Advertisement
You
acknowledge and agree that HEWO at its sole discretion may place
advertisements, promotions, advertiser’s links or hyper-links on the
Services. Your correspondence or business dealings with, or
participation in promotions of advertisers found on or through the
Services, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You also agree and warrant that HEWO shall not be
responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence or
availability of such advertisers on the Services.
10. Termination
You
agree that under certain circumstances and without prior notice HEWO
may immediately terminate your account with HEWO, and access to the
Services for reasons not limited to:
- breaches or violations of the TOS or other incorporated agreements or guidelines;
- requests by law enforcement or other government agencies;
- a request by you (self-initiated account deletions);
- discontinuance or material modification to the Services (or any part thereof);
- unexpected technical or security issues or problems;
- extended periods of inactivity; and/or
- engagement by you in fraudulent or illegal activities.
You
further agree that all terminations for cause shall be made in HEWO’s
sole discretion and that HEWO shall not be liable to you or any third
party for any termination of your account, or access to the Services.
11. General Information
This
Agreement shall be governed by and construed in accordance with the
Malaysian laws, exclusive of its provisions on conflicts of laws.
HEWO
at its sole discretion may make changes, modifications, additions or
deletions to the TOS at any time without notice if or when deemed
necessary or appropriate. |