Terms and Conditions

Last Updated: November 5, 2021

Welcome to Hekka. By using the hekka.com website including its related sites, services, and tools (the “Website”), you agree to the following terms, including those available by hyperlink, with DTGC Pte. Ltd., Singapore and its affiliates (together “Hekka” or the “Company”), and the general principles for this Website. This Terms and Conditions (“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. By selecting to utilize the services you shall have also indicated your acceptance of this T&Cs and your intent and agreement to be bound by them. If you are unwilling to agree to this T&Cs you shall discontinue further use of the services. If you agree to this T&Cs you will be bound as follows.

  1. Scope

Before you become a member of the Website, you must read and accept all of the T&Cs in, and link to this T&Cs and Privacy Policy. We strongly recommend that, as you read this T&Cs, you also access and read the linked information. By accepting this T&Cs, you agree that this T&Cs and Privacy Policy will apply whenever you use the Website and services, or when you use the tools we make available to interact with the Website and services.

  1. Your Account

If you use this Website, you are responsible for maintaining the confidentiality of your buyer account with Hekka (“Account”) and password and for restricting access to your computer, your mobile phone, etc., and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 years old, you may use this Website 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 the Website except through your legal guardian or parents who have registered as users on the Website or can use the Website as a guest user. Hekka reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

  1. Using this Website

While using this Website, you will not:

  • post content or items in an inappropriate category or areas on our Website or services;
  • violate any laws, third party rights, or our policies;
  • use our Website or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
  • 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;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the feedback or ratings systems;
  • transfer your Account to another party without the Company’s consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm the Website or the interests or property of users of the Website;
  • copy, modify, or distribute content from the Website and the Company’s copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent; or
  • use existing user accounts or create new user accounts to circumvent or avoid buying limits, restrictions, holds, or other policy consequences.

 

Violations of this policy may result in a range of actions, including:

  • Cancellation of Item Listing(s)
  • Loss of Settlement Amount
  • Limits placed on account privileges
  • Account suspension / termination
  • Criminal charges/claim for damages
  1. Abusing our Website

We keep our Website and services safe and working properly. Please report problems, offensive content, and policy violations to us.

Our customer team works to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our customer team and we will investigate.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of the intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for at least 6 months.

  1. Purchase and Payment

You should carefully read the item detail page and review information such as price, option price, (overseas) shipping charges, import duty, etc., and T&Cs for sales before purchasing an item.

We take no responsibility and assume no liability for any loss or damages to a buyer arising from 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, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

  1. 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, the 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.

  1. Customs

Buyers should make sure that they can lawfully import the item into the buyer’s country before purchasing the item.

Buyers may be subject to import duties and taxes, which are levied once a shipment reaches the buyer’s country. In principle, additional charges for customs clearance must be borne by you if not specified otherwise in the item detail page explicitly; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, please contact the customer team for further information.

Your privacy is important to us, and we know you care how information about your order is used and shared. We would like our international buyers to be aware that cross-border shipments are subject to opening and inspection by customs authorities.

Also, the Company may provide certain order, shipment, and product information to our international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us to state the value of the purchased item directly on the package.

 

  1. Delivery

On receipt of the payment from the buyer, the Company shall take necessary actions for delivery and ship and enter delivery information including the name of the delivery company, the tracking number, etc. through Hekka System within 5 business days from the date of the delivery instruction.

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

  1. Return and Refund

Please refer to our Return & Refund Policy.

  1. 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 monies are deposited into a dedicated customer segregated account held by us with Citibank International Personal Bank (“CITI”) which shall be safeguarded separately from any other account in which we deposit our monies. We do not commingle relevant customer money with other monies.

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

As the trustee of all the dedicated customer segregated accounts, will not use the monies held in such account to repay any debts we may owe to any other party.

We do not offer or charge interest on money in your balances or accounts held on trust by us for you.

  1. Content

You may post reviews, comments, photos, and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of 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 that 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.

  1. Other Businesses

Parties other than the Company operate stores, provide services, or list advertisements on this Website, and 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.

  1. Access and Interference

Our Website contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is 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 the Website 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 the Website or any activities conducted on the Website; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
  • 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 that are protected by physical as well as 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. For a complete description of how we use and protect your personal information, please refer to our Privacy Policy. If you object to your information being transferred or used in 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 identify 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 any action or claim against Hekka for such disclosure.

  1. Indemnity

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.

  1. No Warranties

You will 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 its Website and makes reasonable efforts to maintain efficient services. We cannot guarantee continuous or secure access to our services, and the operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, T&Cs, we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Website and services.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND OTHER CONTENT CONTAINED IN THIS WEBSITE, 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 THIS WEBSITE; HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED ON THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS WEBSITE 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.

  1. Limitation of Liability

THE USER SPECIFICALLY 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 THIS WEBSITE. THE USER SPECIFICALLY 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 SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN 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 THIS WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. 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.

  1. 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 (in your case). Notice shall be deemed given 24 hours after 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.

  1. Applicable Law and Jurisdiction

By visiting this Website, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern this 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 the proceedings against the Company arising out of, concerning, or in connection with any disputes over this T&Cs and disputes between Users.

  1. 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 concerning a breach by you or others does not waive our right to act concerning subsequent or similar breaches.

We may amend any of the terms of this T&Cs at our sole discretion by posting the revised terms on our Website. Your continued use of our services after the effective date of the revised T&Cs constitutes your acceptance of the terms.