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Last Updated: 【29 July 2022】

Welcome to Hekka. By using Hekka, including its related websites, services, tools, and apps, you agree to the following Terms and Conditions ("T&Cs"), including those available by hyperlink, with DTGC Pte. Ltd., Singapore, and its affiliates, and the general principles for Hekka. These T&Cs shall serve as an agreement that sets forth the terms and conditions which will govern your use of services provided on and through Hekka. If you are unwilling to agree to these T&Cs, you shall discontinue further use of the services. By utilizing Hekka services, you agree to comply with all terms of these T&Cs when accessing or using our Services, as follows.

Your Account

If you use Hekka, you are responsible for maintaining the confidentiality of your user account with Hekka ("Account") and password and for restricting access to your computer, your mobile phone, and/or other devices, and you agree to accept responsibility for all activities that occur under your account or password. If you are a minor (as defined by applicable national laws), you may use Hekka only with authorization from a parent or legal guardian.

If you are a minor, i.e., under the age of 18 years, you shall not purchase any items on Hekka except through your legal guardian or parents who have registered as users on Hekka or can use Hekka as a guest user.

Hekka reserves the right to refuse service, terminate your membership, remove or edit content, or cancel orders at its sole discretion.

Using Hekka

In connection with using or accessing our Services, you agree to comply with Hekka's T&Cs, policies, terms, and all applicable laws, rules, and regulations, and you will not:

• breach or circumvent any laws, regulations, third-party rights or our systems, services, policies, or determinations of your account status;
• use our services if you are not able to form legally binding contracts (for example, if you are a minor, temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions);
• share your log-in credentials with any third parties.
• transfer your Hekka account and user ID to another party without our consent;
• use existing user accounts or create new user accounts to circumvent or avoid buying limits, restrictions, holds, or other policy consequences;
• manipulate the price of any item or interfere with other user’s listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to the Company;
• provide false, inaccurate, misleading, defamatory, or libelous information;
• take any action that may undermine the feedback or rating systems;
• harvest or otherwise collect information about users, including email addresses, without their consent;
• use any robot, spider, scraper, data mining tools, data gathering, and extraction tools, or other automated means to access our services for any purpose, except with the prior express permission of Hekka;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Hekka. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, disassembling, or preparing derivative works from content that belongs to Hekka or DTGC Pte. Ltd., and its affiliates;
• distribute viruses or any other technologies that may harm Hekka, or the interests or property of users of Hekka;

Failure to meet these standards may result in, our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our services, remove any special status associated with your account(s), and take technical and/or legal steps towards criminal charges and claims for damages, as well as prevent you from using our services.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our services to anyone for any reason at our discretion.

Policy Enforcement

When a buyer issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both parties. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our services to anyone at our discretion.

Purchase and Payment Conditions

When buying an item using our services, you agree that:

• You are responsible for reading the full item details page and reviewing information such as price, currency conversions, shipping charges, import duty, and others, and T&Cs for sales before buying or committing to buying;
• We do not take any responsibility and assume no liability for any loss or damages to a buyer arising from wrong shipping information and/or payer information entered by the buyer or wrong remittance by the buyer in connection with the payment for the items purchased. We reserve the right to check whether a buyer is duly authorized to use a certain payment method. We may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is unavailable.

Identity Verification

The Company is required to comply with all applicable laws, regulations, notices, and guidelines issued by the relevant government and regulatory authority, including the Payment Services Act ("PSA") 2019 of Singapore and Notice on Prevention of Money Laundering and Countering the Financing of Terrorism, etc. As such, you authorize us directly or through third parties to make any inquiries we consider necessary to validate your identity. This may include, but is not limited to, asking you for further information or documentation, requiring you to provide a scan of your national identification documents/card (or passport), proof of address, taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your information against third party databases or through other sources.

Customs

Buyers should ensure they can lawfully import the item into the buyer's country before purchasing it.

Buyers may be subject to import duties, and taxes levied once a shipment reaches the buyer's country. Additional charges for customs clearance should be borne by the buyer if not specified otherwise in the item detail page explicitly. Hekka has no control over customs charges and cannot predict what they may be. Customs policies vary widely from country to country. Please get in touch with the customer team for further information.

Please bear in mind that cross-border shipments are subject to opening and inspection by customs authorities. We reserve the right to provide specific order, shipment, and product information to our international carriers. The carriers may communicate such information to customs authorities to facilitate customs clearance and compliance with local laws. We are also required by the customs authorities to state the value of the purchased item directly on the package.

Delivery

On the buyer's payment receipt, the Company shall take necessary actions for delivery and shipping and enter delivery information, including the name of the delivery company, the tracking number, and others, through Hekka's System within 7 business days from the date of the delivery instruction.

The Company shall take all reasonable actions for buyers to receive purchased items within the time period specified on the item detail page. The Company may, at its option, provide overseas delivery services and other services related to delivery in association with third-party service providers.

Returns and Refunds

Please refer to our Returns & Refunds Policy.

Safeguarding Obligation

As required under the Payment Services Act, we safeguard customers' relevant money in trust accounts held with our Safeguarding Institution.

All your relevant funds are deposited into a dedicated customer segregated Account held by us with Citibank International Personal Bank ("CITI"), which is safeguarded separately from any other account in which we deposit our own money. We do not commingle relevant customer money with other funds.

All funds in this dedicated customer segregated Account are held on trust by us for you, and CITI bank will not be entitled to use such money to repay any debts we owe CITI bank.

As the trustee of all the dedicated customer segregated Accounts, we will not use the money held in such Accounts to repay any debts we may owe to any other party. We do not offer or charge interest on money in your balances or Account held on trust by us.

Content

You may post reviews, comments, photos, and other content; submit suggestions, ideas, comments, questions, or additional information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you are deemed to have granted the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You are deemed to have granted the Company and sublicensees the right to use the name you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Other Businesses

Parties other than the Company operate stores, provide services or list advertisements on Hekka. This site may link to sites of affiliated companies and certain other companies. The Company is not responsible for examining or evaluating and does not warrant the products of such business or individual or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Access and Interference

Hekka contains robot exclusion headers. Much of the information on the sites is updated in real-time and is proprietary or licensed to the Company by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission. Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from Hekka without the prior expressed written permission of the Company and the appropriate third party, as applicable;

• interfere or attempt to interfere with the proper working of Hekka or any activities conducted on Hekka.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in our Privacy Policy. We view the protection of users' privacy as a very important community principle. We store and process your information on computers protected by physical and technological security devices.

You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. Please refer to our Privacy Policy for a complete description of how we use and protect your personal information. If you object to your data being transferred or used this way, please do not use our services.

For the avoidance of doubt, if Hekka has reasonable grounds to believe that any user is in breach of any of the terms of this T&Cs, Hekka reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing.

Further, Hekka may disclose the user's identity and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Hekka is of the view, in its sole and absolute discretion, that it would be in its best interest to do so.

Hekka shall not be liable for damages or results arising from such disclosure, and the user(s) agrees not to bring an action or claim against Hekka for such disclosure.

No Warranties

You shall not hold the company responsible for other users' content, actions or inactions, or items they list, including things they post. The company is responsible for operating and managing Hekka and makes reasonable efforts to maintain efficient services. We cannot guarantee continuous or secure access to our services, and the operation of Hekka may be interfered with by numerous factors outside our control. Accordingly, to the extent legally permitted, we exclude all implied warranties and T&Cs, and we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising from your use of Hekka.

All materials, information, software, products, services, and other content contained in Hekka or obtained from a linked site is provided to the user "as is" without warranty or conditions of any kind, whether express or implied, including but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

The company has made reasonable efforts to post current and accurate information on hekka; however, the company assumes no responsibility for any errors, omissions, or inaccuracies whatsoever in the information provided in hekka. Under no circumstances will the company be liable for any loss or damage caused by the user's reliance on information obtained through hekka. It is the user's responsibility to evaluate the accuracy, completeness, and usefulness of any information provided, and the use of Hekka is solely at the user's own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to some users.

Limitation of liability

The user agrees that the company shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through Hekka. The user agrees that the company is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. The user agrees that the company is not responsible for any content sent using the communication services and/or included on this site by any third party.

In no event shall the company be liable for any special, incidental, indirect, punitive, or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability, or otherwise (including without limitation, those resulting from: (1) reliance on the materials presented, (2) loss of use, data or profits, (3) delays or business interruptions, (4) and any theory of liability) arising out of or in connection with the use of, or inability to use Hekka, whether or not the company has been advised of the possibility of such damages.

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this T&Cs, or your violation of any law or the rights of a third party.

No Agency No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these T&Cs. No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended, exists, or is created between the company and any buyer.

Notices

Except as explicitly stated otherwise, any legal notices shall be served on DTGC Pte. Ltd., Singapore via registered mail to 10 ANSON ROAD #27-18 INTERNATIONAL PLAZA Singapore 079903 (in the case of the company) or to the email address you provide to us during the registration process on Hekka website (in your case). Notice shall be given 24 hours after the email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.

Applicable Law and Jurisdiction

By visiting Hekka, you agree that the laws of Singapore and Cyprus, without regard to principles of conflict of laws, will govern these T&Cs and any dispute of any sort that might arise between you and the company. The courts of Singapore will have non-exclusive jurisdiction over any legal action or proceedings against the company arising out of, with respect to, or in connection with any disputes over these T&Cs and disputes between Users.

This website is joint managed by our global offices in our group. All disputes of legal actions that are related to EU payments/customers will be handled under the laws of Cyprus, and Cypriot entity will be responsible for handling all communication.

General

If any provision of this T&Cs is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such a section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We may amend any of the terms of these T&Cs at our sole discretion by posting the revised terms on Hekka. Your continued use of our services after the effective date of the revised T&Cs constitutes your acceptance of the terms.

Payment Methods

1.1 Pay With Paypal

When you place an order with Paypal you will be redirected to the PayPal payment page, where you can confirm your payment by logging in with your PayPal username and password. You may still check out even without a PayPal account. To do so, please click on "Pay with Debit/Credit Card" and you’ll be redirected to a secure page where you can enter your credit card information or complete your payment safely via PayPal.

1.2 Pay With Credit/Debit Card

Hekka.com accepts a variety of payment options, including credit and debit cards, such as, but not limited to:

• Visa
• MasterCard
• Discover Network
• American Express
• JCB
• UnionPay

The credit card companies listed above are this website's most commonly used credit/debit cards. Do not worry if your credit/debit card company is not listed; we encourage you to try it with your purchase. Please note that Hekka does not collect your credit/debit card number or personal information when you make payments. For questions regarding your transactions on our site, please consult your card-issuing bank for information.

1.3 Pay with EU payments

In the event you choose to pay with a credit card and the payment will be processed via a European Acquirer, these terms are an agreement between you and Asia Innovations Cyprus Limited at 81-83 Grivas Digenis Avenue, Jacovides Tower 1 Floor, 1090 Nicosia, Cyprus. These Terms shall be governed by the laws of Cyprus, without regard to its conflict of laws, rules, or principles.

Hekka.com Promotional Terms & Conditions

Here are all terms and conditions that generally apply to promotions on Hekka.com, including the ones where you must redeem a promotional code as part of the offer and where no alternative terms and conditions apply.

• All promotions have a limited-time offer and are valid while supplies last.
• Hekka reserves the right to modify or cancel an offer at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify or cancel offers at any time.
• Offers apply to products sold on the website Hekka.com or Hekka App exclusively. Products sold by third-party sellers will not qualify for this offer, even if "fulfilled by Hekka.com".
• Each promotional code applies only to qualifying items.
• Hekka offers may not be combined with other offers.
• All offers are limited to one per customer and account.
• Some brands, such as Xiaomi, Apple, and others, may only be available in certain countries due to the brands' official policies and are also subject to the brands' terms and conditions.
• Offers do not apply to digital games on Hekka App or any third-party games even if "fulfilled by Hekka.com".
• Shipping charges and taxes may apply to the total value of discounted and free promotional items.
• If the offer has a minimum purchase requirement, taxes, shipping, and handling charges do not apply when determining the minimum purchase amount.
• Offer is non-transferable and may not be resold.
• If any product or content related to an offer is returned, a refund will equal the amount paid for the product or content, subject to applicable refund policies.
• Offer discounts will be allocated proportionally among all promotional items in your order.
• The offer will be invalid if you violate any of the offer terms.

This website is managed by our global offices in our group.

The European operation is being handled by the Cyprus Company.

EU branch office (please do not use below address for returns)

Asia Innovations Cyprus Limited

81-83 Grivas Digenis Avenue, Jacovides Tower 1 Floor, 1090 Nicosia, Cyprus