Terms and Conditions

HWC Coffee Retail Purchase & HWC E-commerce Terms and Conditions

Introduction
Orders and Payment

Shipping and Delivery

Returns and Refunds

Cancellations

5.1. Order Cancellations: You may cancel your order before it is shipped or prepared for pickup. Please contact our customer service team to request a cancellation.

Events Beyond Our Control

6.1. Force Majeure: HWC Coffee shall not be liable for any failure to perform its obligations under these terms if such failure is due to events beyond our control, including but not limited to acts of nature, strikes, pandemics, or government actions.

Privacy

7.1. Privacy Policy: Your personal information will be handled in accordance with our Privacy Policy, which can be found on our website.

Amendments

8.1. Changes to Terms: HWC Coffee reserves the right to modify or amend these Terms and Conditions at any time. Changes will be effective upon posting on our website.

Vouchers / Promotion Terms and Conditions

Promotion Overview

1.1. This promotion is offered by [HWC COFFEE], hereinafter referred to as "the Company." By participating in this promotion, you agree to the following terms and conditions. Please read them carefully.

Price, whichever is Higher

2.1. In cases where multiple discounts or promotions are applicable to the same product or service, the customer will be entitled to the higher of the available discounts. The price applied to the purchase will be the one that provides the customer with the greatest discount.

Voucher and E-Voucher Terms

E-Voucher Redemption in-App

Expiry Date

5.1. Each voucher or e-voucher may have an expiry date specified on it. Expired vouchers or e-vouchers will not be accepted or honoured.

Limitations and Restrictions

6.1. Vouchers and e-vouchers may be subject to limitations and restrictions as specified by the Company. These may include usage limitations, product restrictions, and redemption restrictions.

Discretion and Amendments

By participating in this promotion, you acknowledge that you have read, understood, and agreed to these terms and conditions. If you have any questions or concerns, please contact our customer support.

Competition, Giveaway, and Prize Draw Rules

Introduction

Eligibility and Entry

Winners and Prizes

HWC Coffee Mobile Application, Website & Subscription Terms and Conditions

INTRODUCTION

Welcome to the HWC website and/or HWC mobile application (“Platform”). Please read and accept the following terms of service (“Terms”) carefully before using the Platform, registering and/or opening a HWC account (“Account”) which govern you access and the use of the Platform and any of the services, functions, information made available to you at the Platform (“Services”) so that you are aware of your legal rights and obligations with respect to PALATERIUM SDN. BHD. [Registration No. 202101036883 (1437183-M)], its affiliates and/or subsidiaries (“HWC”) and you must consent to the processing of your personal data as described in the Privacy Policy. By registering and/or opening an Account, accessing the Platform and/or using the Services, you agree to be bound by the Terms and/or all other terms and conditions and any amendments to the foregoing issued by HWC from time to time.
The Services provided or made available to you may include the (a) the Platform; (b) the Services provided by the Platform and software made available through the Platform by HWC and/or HWC’s Client; and/or (c) all information, linked pages, features, data, text, image, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Platform or its related services (“Content”). Any new features added to or augmenting the Services are also subject to the Terms. If you do not agree to HWC’s Terms and/or all other terms and conditions and Privacy Policy, do not access and/or use the Platform and/or the Services.
Further to Clause 1(b) above, Services also include an online platform service that provides a place and opportunity for the sale of goods between the subscribers (“you” or “Subscriber”) and the merchants on the Platform (“Biz Partner”). The Subscriber and Biz Partner are hereinafter collectively referred to as the “Parties”. The actual contract of sale is directly between the Subscriber and the Biz Partner and HWC is not a party to that or any other contract between the Subscriber and Biz Partner and accepts strictly no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. HWC is not involved in the transaction between the Parties. HWC may or may not pre-screen the Parties or the Content or information provided by the Parties. HWC reserves the right to remove any Content or information posted by Parties on the Platform from time to time. HWC cannot ensure that the Parties will actually complete a transaction.
HWC reserves the sole and absolute right to change, modify, add, suspend, discontinue or remove all or any part of the Platform, the Services, the Terms and/or all other terms and conditions at any time or upon notice as required by applicable laws from time to time without further notice. Changes will be effective when posted on the Platform and with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon the publication on the Platform.
HWC may release certain Services or the features in a beta version, which may not work correctly or in the same way the final version may work, and HWC shall not be held liable in such instances. HWC may also impose limits on certain features or restrict your access to parts of, or the entire, Platform and/or Services in its sole discretion and without notice or liability.
HWC reserves the sole and absolute right to refuse to provide you access to the Platform and/or Services, or to allow you to open an Account for any reason it deems reasonable.

BY USING HWC’s PLATFORM, SERVICES, REGISTERING AND/OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS CONTAINED HEREIN, INCLUDING ALL OTHERS TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE HWC SERVICES OR ACCESS THE PLATFORM. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (“LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE OR DO NOT UNDERSTAND THIS CLAUSE, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU SHALL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT AND SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

PRIVACY

Your privacy is very important to us at HWC. To protect your rights better, HWC have provided the Privacy Policy to explain HWC’s privacy practices in detail as set out at https://hwccoffee.my/privacy-policy. Please review the Privacy Policy to understand how HWC collects and uses the information associated with your Account and/or your use of the Services (“Subscriber Information”). By using the Services or providing information on the Platform, your hereby:-
1. consent to HWC to collection, use, disclosure and/or processing of your content, personal data and information as described in the Privacy Policy;
2. agree and acknowledge that the proprietary rights of your Subscriber Information are jointly owned by you and HWC; and
3. shall not, whether directly or indirectly, disclose your Subscriber Information to any third party, or otherwise allow any third party to access or use your Subscriber Information, without HWC’s prior written consent
Parties in possession of another Subscriber’s personal data through the use of the Services (“Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the Subscriber whose personal data the Receiving Party has collected (“Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database, and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

USE OF PLATFORM AND/OR SERVICES

HWC grants you a limited, revocable and non-transferable license to use the Platform and/or Services, subject to the Terms and/or all other terms and conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by HWC in advance. Any submissions or opinions expressed on the Platform are those of the individual posting such content and does not in any way reflect HWC’s opinion.
Certain Services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you hereby agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every Subscriber of the Platform is solely responsible for keeping passwords and other Account identifiers safe and secure. The Subscriber is entirely responsible for all activities that occur under such a password or Account. Further to the above, in the event of any unauthorized use of your password or Account, you are required to immediately notify HWC of the same. HWC shall not be responsible or liable, whether directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your failure to comply with this clause.
HWC reserves the right, but shall not be obligated to:
1. monitor, screen or otherwise control any activity, content, or material on the Platform and/or through the Services. HWC may in its sole and absolute discretion, investigate any violation of the Terms contained herein and may take any action HWC deem appropriate.
2. prevent or restrict access of any authorized Subscriber to the Platform and/or the Services;
3. report any activity HWC suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to cooperate with such authorities; and/or
4. to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise HWC’s right under this paragraph if you refuse to divulge such information and/or data or if you have provided or if HWC have reasonable grounds to suspect that you have provided inaccurate, misleading, or fraudulent information and/or data

SUBSCRIBERS SUBMISSIONS

You are hereby granting HWC non-exclusive license to use the materials or information that you submit to the Platform and/or provide to use, including but not limited to questions, reviews, comments, and suggestions (“Submissions”).
When you post comments or reviews on the Platform, you also hereby grant us the right to use the name that you submit or your Subscriber ID (as hereinafter defined), in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead HWC or third parties as to the origin of any Submissions. HWC may, but shall not be obligated to remove, or edit any Submissions without further notice to you.

PAID SUBSCRIPTIONS

You can find descriptions of each Paid Subscriptions and their features on our Platform, and HWC will explain which options are available to you when you create HWC account. Subject to these Paid Subscriptions Terms, Subscriber who purchase a Paid Subscriptions may access that Paid Subscriptions for their own personal use (and for their household members, where applicable) from the moment Subscriber submits their payment details successfully to HWC, or applicable third party, and completes the checkout process.

Paid Subscriptions include, amongst others, subscriptions under the HWC Coffee Hunter brand (“Coffee Hunter”), such as HWC Coffee Hunter Lite (“Coffee Hunter Lite”), HWC Coffee Hunter Premium (“Coffee Hunter Premium”), HWC Coffee Hunter 1st Class (“Coffee Hunter 1st Class”) and any other Coffee Hunter offerings made available from time to time.
Each Coffee Hunter Plan supports group purchases. When a group reaches the specified minimum number of members, each participating member will enjoy a discounted monthly subscription fee. Discount rates may vary based on the specific promotion or campaign, and are subject to change without prior notice.
HWC Coffee Hunter Group Subscription
- - Entitle the paying Subscriber together with a specified number of Subscriber’s family members to access such Paid Subscriptions for his own and each of Subscriber’s family members’ personal use. HWC may, at HWC’s discretion, provides features to the paying Subscriber that are not available to Subscriber’s family members.
- - As part of a Group Paid Subscriptions, HWC may offer a kids experience. By creating subsidiary kids account(s), the paying Subscriber confirms that he is the legal guardian of any child using such an account.
- - If the Subscriber cancels the Group Paid Subscriptions or the account is otherwise suspended or terminated, the Subscriber and Subscriber’s family members will automatically be downgraded to the normal Platform.
- - HWC reserves the right to terminate or suspend access to a Premium Family Paid Subscriptions immediately and at any time if Subscriber fails to meet the eligibility criteria and as otherwise set out.
- - No other discounts can be applied, unless otherwise advertised.
- - If the Subscriber is a Coffee Hunter Individual Paid Subscriptions account holder, by joining the Coffee Hunter Group Paid Subscriptions account, Subscriber acknowledges and agrees that refund options are not available for changes to your current Paid Subscriptions before the end of the current Paid Subscription period. Upon enrolment to joining, the Subscriber will switch by next billing cycle to the selected Group Paid Subscriptions, the Subscriber access will remain uninterrupted.
From time to time, HWC may also offer special promotional plans, content or memberships, including offerings of third-party products or services in conjunction with or through HWC Coffee Hunter services. H3
HWC is not responsible for the products or services provided by such third parties.
HWC reserves the right to modify the features and content provided as part of our Paid Subscriptions from time to time and for any reason. HWC may withdraw or suspend a Paid Subscription, in whole or in part at any time and for any reason. After such time, HWC shall not be obligated to maintain or permit any further access to such Paid Subscriptions and Subscriber to that Paid Subscription will no longer be charged.
Certain Paid Subscriptions may have specific eligibility requirements which you must adhere to in order to be a subscriber. Paid Subscriptions may not be available to all subscribers who have cancelled their subscription or after it is discontinued by HWC.

SUBSCRIPTION PAYMENT TERMS

We accept various payment methods, including credit or debit cards, e-wallets, authorized payment gateways and cash only for in-store purchases.

ADD-ON FEATURES

From time to time, HWC may make certain add-on services available. The add-on services will have their own terms of use which will apply. HWC will take reasonable steps to bring these terms to Subscriber’s attention. Certain add-on features may have additional eligibility and payment conditions which, if applicable, will be outlined in the relevant add-on features terms of use.

TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered on the Platform, information content on the Platform and all the website design, including but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement and all software compilations, underlying source code and software (“Intellectual Property”) shall remain HWC’s property or where applicable, HWC’s affiliates or third party intellectual property owners. The entire contents of the Platform are also protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
HWC grants you a limited, revocable, non-transferable license to access and use the Services subject to the Terms and/or all other terms and conditions. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services, you are agreeing to comply with the copyright, trademark, service mark and all other applicable laws that protect the Services, the Platform and its Content.
No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment, any Intellectual Property without HWC’s prior written consent or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. You are hereby restricted from copying, distributing, republishing, transmitting, publicly displaying, publicly performing, modifying, adapting, renting, selling or creating derivative works of any portion of the Services, the Platform or its Content. You shall not without HWC’s prior written consent, mirror or frame any part or whole of the Content of the Platform or any other server or as part of any other website. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

LIMITATION OF LIABILITIES

The Platform and all data and/or information contained therein and/or the Services are provided on an “as is where is” and “as available” basis without any warranties, claims or representations made by HWC of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including but not limited to warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
Without limiting the foregoing, HWC does not warrant that the Platform and/or Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free that defects, if any, will be corrected or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
HWC and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:-
1. any access, use and/or inability to use the Platform or the Services;
2. reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
3. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
4. any use of or access to any other website or webpage linked to the Platform, even if HWC or HWC’s officers or agents or employees may have been advised of or otherwise might have anticipated the possibility of the same.
Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and HWC shall therefore not liable.
For your convenience purposes, HWC may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under HWC’s control and HWC is not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents or the consequences of accessing any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to HWC’s use of such linked website or content is entirely at your own risk.

ACCOUNTS AND SECURITY

Some functions of HWC’s Services require registration for an Account by selecting a unique subscriber identification (“Subscriber ID”) and password, and by providing certain personal information. If you select a Subscriber ID that HWC in its sole discretion finds offensive or inappropriate, HWC has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which HWC have enabled access or with which we have tied up or collaborated. HWC has not reviewed and assumes no responsibility for any third-party content, functionality, security, services, privacy policies or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services including their respective privacy policies, if different from these Terms and/or Privacy Policy, may also apply to your use of those products, websites and/or services.
You agree to: (i) keep your password confidential and use only your Subscriber ID and password when logging in; (ii) ensure that you log out from your Account at the end of each session on the Platform; (iii) immediately notify HWC of any unauthorized use of your Account, Subscriber ID and/or password; and (iv) ensure that your Account information is accurate and up to date. You are fully responsible for all activities that occur under your Subscriber ID and Account even if such activities or uses were not committed by you. HWC will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this clause.
you agree that HWC may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your Subscriber ID, remove or discard from the Platform any Content associated with your Account and Subscriber ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and Subscriber ID, temporarily withhold any vouchers or refunds, and/or take any other actions that HWC deems necessary. Grounds for such actions may include, but are not limited to actual or suspected; (i) extended period of inactivity; (ii) violation of the letter of spirit of the Terms; (iii) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour; (iv) having multiple Subscriber accounts; (v) voucher abuse (including but not limited to selling of vouchers to third parties and abnormal or excessive use of vouchers on the Platform); and/or (vi) behaviour that is harmful to other Subscribers, third parties or the business interest of HWC. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reasons, HWC may terminate your Account immediately with or without notice.
You may terminate the Account if you desire to do so. Notwithstanding any such termination, you remain responsible and liable for any incomplete transaction (whether commence prior to or after such termination) and promptly and effectively carried out and completed all incomplete transactions according to the Terms, HWC shall have no liability and shall not be liable for any damages incurred due to the actions taken in accordance with this clause. Subscriber hereby waive any and all claims based on any such action taken by HWC.

APPLICABLE LAW AND JURISDICTION

The Terms and/or all other terms and conditions shall be interpreted and governed by laws in force in Malaysia. Subject to Clause 13 on Arbitration below, you hereby agree to submit to the jurisdiction of the courts of Malaysia.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to the Terms and/or all other terms and conditions or the breach, termination or invalidity thereof shall be referred to and by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (AIAC) held in Kuala Lumpur, Malayisa. The arbitral tribunal arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.
Notwithstanding the foregoing, HWC reserves right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

In addition to any other legal or equitable remedies, HWC may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under the Terms and/or all other terms and conditions. Upon any termination of the terms and/or all other terms and conditions, you shall immediately cease all access to, and use of the Platform and HWC shall in addition to any other legal or equitable remedies, immediately revoke all password(s) and Account identification issued to you and deny your access to and use of this Platform in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the Parties arising before the date of termination. You furthermore agree that HWC shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or with the Terms and/or all other terms, conditions, rules, policies, guidelines, or practices of HWC, in operating the Platform and/or providing services, your sole and exclusive remedy is to discontinue using the Platform.

If you have any request about the abovementioned rights and/or for any inquiry in respect of your personal Information and/or Data, please contact us:

Phone: 012-5118575 (WhatsAPP Message Only)

Email: hello.hwc@palaterium.com