1.2 PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE HEYHO SERVICES.
1.3 You hereby acknowledges that your access and use of the HeyHo Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and HeyHo. If you do not agree to these Terms, you shall not access or use the Services. These Terms expressly supersede prior agreements or arrangements between HeyHo with you (if any). HeyHo may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the HeyHo Services or any portion thereof, at any time for any reason.
1.4 Supplemental terms may apply to HeyHo Services from time to time, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable HeyHo Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the HeyHo Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the HeyHo Services provided herein.
1.5 You may note that HeyHo may amend the Terms related to the Services from time to time. Amendments will be effective upon HeyHo’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable HeyHo Service. Your continued access or use of the HeyHo Services after such posting constitutes your consent to be bound by the Terms, as amended.
2.1 The Services constitute a technology platform that enables users of HeyHo’s mobile applications or websites provided as part of the HeyHo Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, under agreement with HeyHo or certain of HeyHo’s affiliates (“Third Party Providers”). Unless otherwise agreed by HeyHo in a separate written agreement and/or by Supplemental terms notified with/to you, the HeyHo Services are made available solely for your personal, non-commercial use.
2.2 YOU ACKNOWLEDGE THAT HEYHO DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY HEYHO OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, HeyHo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal use only and it shall not be used for commercial use and/or distributed commercially. Any rights not expressly granted herein are reserved by HeyHo and HeyHo’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by HeyHo; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the HeyHo Services or unduly burdening or hindering the operation and/or functionality of any aspect of the HeyHo Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the HeyHo Services or its related systems or networks.
2.5 Third Party Services and Content.
Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the HeyHo Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the HeyHo Services in any manner. Your access to the HeyHo Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service and HeyHo shall not be held liable whatsoever with the services provided by the third party supplier.
The HeyHo Services and all rights therein are and shall remain HeyHo’s property or the property of HeyHo’s licensors. Neither these Terms nor your use of the HeyHo Services convey or grant to you any rights: (i) in or related to the HeyHo Services except for the limited license granted above; or (ii) to use or reference in any manner HeyHo’s company names, logos, product and service names, trademarks or services marks or those of HeyHo’s licensors.
(a) User Accounts.
In order to use most aspects of the HeyHo Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to HeyHo certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the HeyHo Services or HeyHo’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by HeyHo in writing, you may only possess one Account.
(b) User Requirements and Conduct.
The HeyHo Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
(c) Text Messaging.
By creating an Account, you agree that the HeyHo Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
(d) Promotional Codes.
When you are making redemption of your points for rewards and/or promotional codes, you may also be asked to provide your Personal Information to the redemption partner for the purpose of sending the rewards or certificates for the rewards to you or to contact you for marketing purposes. You acknowledge that HeyHo will have no control over the use of the personal information that you provide to the redemption partners that all such personal information shall be provided at your own risk. If you have any hesitation about providing such personal information to the redemption partners, you should not participate in the reward redemption.
(e) User Provided Content.
HeyHo may, in HeyHo’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to HeyHo through the HeyHo Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to HeyHo, you grant HeyHo a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the HeyHo Services and HeyHo’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant HeyHo the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor HeyHo’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by HeyHo in its sole discretion, whether or not such material may be protected by law. HeyHo may, but shall not be obligated to, review, monitor, or remove User Content, at HeyHo’s sole discretion and at any time and for any reason, without notice to you. You agree that you shall have no recourse against HeyHo for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. Except for any information which we have expressly agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the technology platform provided herein, via email or howsoever otherwise whether in human or machine readable form, will be treated as being non-confidential and non-proprietary. HeyHo assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you submit on the technology platform for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
(f) Network Access and Devices.
4.1 You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the HeyHo Service, HeyHo will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by laws in Malaysia. Charges paid by you are final and non-refundable, unless otherwise determined by HeyHo.
4.2 All Charges are due immediately and payment will be facilitated by HeyHo using the preferred payment method designated in your Account, after which HeyHo will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that HeyHo may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account (if any).
4.3 If you are not able to honor your booking and/or purchase, you may cancel your reservation before the order is confirmed. We ask that your cancellation be done in as timely a manner as possible. For all booking and/or purchase, we may impose a holding charge or pre-payment on the restaurant's behalf. Such holding charge or pre-payment is ensure you honor the booking and/or purchase. By clicking on the button to place the order, you confirm that you have read and agree to the terms of HeyHo Services. You also acknowledge that we shall not be responsible for or entertain any disputes relating to the holding charge or pre-payment in the event that you have failed to honor the booking and/or purchase.
4.4 Failure to honor your booking and/or purchase, an email will be sent to you informing you of your no-show. Your records will be updated for the no-show and your account will be suspended if you no-show for four reservations within the same twelve month period. You agree that all final no-show determinations will be made by HeyHo in its sole discretion.
4.5 If you decide to cancel your booking and/or purchase after the order is confirmed, all payments made are non-refundable and you hereby agree to not claim and/or demand for any losses and/or expenses arising out of or in connection with your use of our services.
4.6 This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, HeyHo does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by HeyHo in the Application or in HeyHo’s marketing materials to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that HeyHo provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the HeyHo Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the HeyHo Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
4.7 Delivery Time
Our delivery time stated is by approximation only and may vary. We will, at our capability deliver the orders to the designated address.
Correct and accurate address must be given when placing orders. HeyHo will not be responsible or bear any cost if address given is incorrect or inaccurate. HeyHo will not be responsible for late delivery due to the incorrect information/address or instructions provided by your end.
5.1 HeyHo may offer compensation policy in the event of the following:-
i) Food poisoning, allergies or other effect that is harmful to your health caused by the items or foods ordered from our service;
ii) Non-delivery of item or food ordered after the payment has been made on the electronic payment service of our platform,
Provided that the written notice is given to us within 24 hours from the time that either of the above events happen, our team will make arrangement with you for the necessary detail of such event and the same will be transferred or sent to the relevant Merchant. We reserve the right to decide on the necessary compensation and/or refund and we may process the necessary compensation sum and/or refund to you within 14 days upon confirmation that the event happened is due to our and/or Merchant’s fault, negligence, error and/or mistake.
If the incident happens is of urgent and/or emergency nature which involves hospitalisation, HeyHo will at its own discretion or judgment make compensation to the you as it deems fit and such compensation shall be borne by the Merchant and the Merchant shall reimburse HeyHo accordingly.
Disclaimer: Merchants are solely responsible for the preparation, condition and quality of the items and foods sold and delivered to you. HeyHo shall not be held responsible or liable for any loss, damage, expense, cost or fees arising from your contractual relationship with the Merchant.
6.1 THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HEYHO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, HEYHO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HEYHO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
6.2 LIMITATION OF LIABILITY.
HEYHO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF HEYHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HEYHO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF HEYHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEYHO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HEYHO’S REASONABLE CONTROL. IN NO EVENT SHALL HEYHO’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RINGGIT MALAYSIA ONE THOUSAND (RM 1,000.00).
HEYHO’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT HEYHO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
6.3 By using the HeyHo Services, you agree to indemnify and hold HeyHo and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) HeyHo’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6.4 The provided information and HeyHo Services recommended to you is only for references. HeyHo will use reasonable endeavour to ensure the accuracy of such information, provided that HeyHo does not warrant that such information including the restaurants and/or merchants’ information is free from any error and/or defect. The commodities, products, availability, images, costs and other relevant information posted by the restaurants or commercial establishments on HeyHo technology platform.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Malaysia and submit to the exclusive jurisdiction of Malaysia should there be any disputes.
8.1 Time wherever mentioned shall be deemed to be and treated as of the essence of this Agreement.
Waiver of any breach of the Terms herein or of any right, power, authority, discretion or remedy arising upon a breach of or default under the Terms herein, must be in writing and signed by HeyHo granting the waiver.
The failure of HeyHo to insist on any one or more instances upon the performance of any provisions of the Terms herein shall not be construed as a waiver or relinquishment your liability to recover losses, damages and all costs incurred in relation to your non-performance.
8.3 Enforceability / Severability
If one or more of the provisions of the Terms herein shall be invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality or enforceability of the remaining provisions contained herein shall not be affected or impaired in any way.
If any provision shall be void, illegal or unenforceable but would be valid and enforceable if read down, then that provision shall be read down to the extent necessary to render the provision valid and enforceable.
Your rights and obligations under the Terms herein are personal and shall not be assignable without the prior written consent of Heyho.