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

  1. to provide the services you've requested, including services that display customized content and advertising.
  2. 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:

    1. 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;
    2. harm minors in any way;
    3. 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;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    5. 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);
    6. 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;
    7. 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;
    8. 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;
    9. 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;
    10. 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;
    11. 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;
    12. "stalk" or otherwise harass another; and/or
    13. 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:

  1. comply with legal process;
  2. enforce the TOS;
  3. respond to claims that any Content violates the rights of third parties;
  4. respond to your requests for customer service; or
  5. 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:

      1. THE USE OR THE INABILITY TO USE THE SERVICES;
      2. 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;
      3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
      4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
      5. 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:

    1. breaches or violations of the TOS or other incorporated agreements or guidelines;
    2. requests by law enforcement or other government agencies;
    3. a request by you (self-initiated account deletions);
    4. discontinuance or material modification to the Services (or any part thereof);
    5. unexpected technical or security issues or problems;
    6. extended periods of inactivity; and/or
    7. 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.

 
    COPYRIGHT (C) 2007 HEWO SDN BHD (780641-U). ALL RIGHTS RESERVED.