TERMS AND CONDITIONS OF USE

These terms of use, including the Privacy Policy, Refunds Policy and Cookies Policy (hereinafter, the “Terms”) govern your use of each of the website www.hawkersco.com (the “Website”) and our online store accessible via the Website (the “Service”), and constitute the entire, complete, and binding agreement between you and PLAY HAWKERS HONG KONG, Ltd, with Registered Office: Room 801-2, 8/F. Easey Commercial Building, 253-261 Hennessy Road, Wanchai, Hong Kong; Company Registration: Business License Number (BR) 64986563-000-07-22-3, Public Registry: 2260251, Chapter 622 of the Laws of Hong Kong, under the Companies Ordinance, issued on 8th July 2015, hereinafter ("HAWKERS”, “we”, “our” or “us” ). The offer of the Service to you is conditioned upon your acceptance of these Terms.

By using the Service for any purpose and from any device and location, you represent that you have read and understood these Terms; you meet the eligibility requirements described below; and you accept and agree to be bound by these Terms as they appear on the respective date that you use the service. If you do not agree to any part of these Terms, you are not allowed to access or use the service in any way. Please ask us any questions you may have regarding these Terms by contacting us at: hello@hawkersco.com.

1. ACCEPTANCE OF TERMS

1.1. These Terms and Conditions shall only govern the general use of the Website and the acquisition of products offered on the Website. These Terms and Conditions should be read in conjunction with our Privacy Policy, Security Policy and Refund Policy which will provide separate and detailed terms and conditions in relation to a particular activity.

1.2. The products purchased by the User may differ and be subjected to particular conditions in accordance with the characteristics of the product which can be found below.

1.3. Products that are advertised by third-party companies and may be offered on the Website shall be the sole responsibility of the said third-party company. HAWKERS and its parent company assume no responsibility for any products and/or contractual relationship formed between the User and the third-party company.

1.4. The marking of the corresponding box on the acceptance of these Terms and Conditions, including following all the steps on our Website electronically, means acceptance by the User, which shall have the same effect and validity as their handwritten signature. By acceptance of these Terms and Conditions, the User acknowledges being a person with sufficient capacity to acquire the obligations derived from their actions through the use of the Website, the content of which they have previously read and understood.

1.5. The sale of products under these Terms and Conditions shall apply and be available to users that are natural persons, have reached the age of majority and have the capacity to enter into a legally binding contract. For the avoidance of doubt, the legal age of majority is eighteen (18) years and above.

1.6. In the event the Website has been accessed by a minor, it will be presumed that said access had been made with the prior and express authorization of their parents, guardians or legal representatives, notwithstanding that HAWKERS reserves the right to perform as many checks as deemed necessary.

1.7. For the avoidance of doubt, any issue that has not been expressly provided for in these Terms and Conditions shall be understood to be under the purview of HAWKERS, without prejudice to the application of the provisions of current regulations.

2. MODIFICATIONS OF THE TERMS AND CONDITIONS

2.1. HAWKERS reserves the right to amend, modify and/or update all or part of these Terms and Conditions with or without any notice. The User shall be solely responsible for keeping themselves informed and updated on any such modification, change, supplemental or update to these Terms and Conditions. In the event the modification, change, supplemental or update is of a substantial nature, the User will be informed and a request for his acceptance or rejection will be sent.

3. WEBSITE ACCESS

3.1. Access to the Website is completely free and only requires the User to use the necessary data to manage their purchases.

3.2. Registration is not required to access and navigate on the Website. However, in the event the User intends on making a purchase or to receive advertising, receiving updates on promotional offers, campaigns and/or information and periodic offers of promotion, the User is required to register an account on the Website.

3.3. The User acknowledges and agrees that any and all data provided by Users are true, accurate, current and complete. In the event any information provided by the User is incomplete, inaccurate or false, the User undertakes to hold HAWKERS harmless against any damages and claims by third parties that may arise as a result of the inaccuracy or falsity of the data provided. HAWKERS will not be held liable for the veracity of any data provided by Users, who shall be solely responsible for any possible consequences, errors and failures that may arise from the lack of data quality or any inaccurate or false data.

4. ELECTRONIC CONTRACTING

4.1. In accordance with the provisions of the applicable regulations, contracts entered into electronically will produce all the effects provided for by the legal system when consent and the other requirements necessary for its validity as provided under the Electronic Commerce Act 2006.

4.2. In all cases, the electronic support in which the electronic contract is recorded will be admissible as documentary evidence in the event of a dispute between the parties.

4.3. For these purposes, the User acknowledges that the monitoring of all phases of the purchase process and, where appropriate, the payment of the order made, shall imply the consent required by the User for contracting.

4.4. In the same way, all the information related to it is made available to the User, prior to the start of the contracting procedure.

Purchase procedure

4.5. The contracting procedure for the products offered is carried out electronically through the Website. Any person with Internet access can make a purchase, with all the products offered through the Website being publicly accessible without any restrictions on their viewing, unless provided under Clause 16.

4.6. For the avoidance of doubt, the information about the products and its prices displayed on the Website shall not constitute an offer from HAWKERS.

4.7. The complete procedure that must be followed by all Users who wish to acquire any of the products offered through the Website, will consist of the effective performance of the following steps:

Once the User has accessed the Website, they must select those products that interest them, carefully reviewing their descriptions, as well as their characteristics, conditions, delivery times and final prices indicated in the descriptive sheet of each product, and specify the desired number of units for each of them. In this way, the selected products will be added to their shopping "Cart" on the Website, allowing the User to continue with their purchase and leaving all selected products included in said "Cart". The User will be able to access their “Cart” at the top right corner of the page at any time.
Once all the desired products have been selected, the User must initiate the electronic purchase process by simply clicking on the "Buy" button.
In order to continue with the purchase, it is necessary to have all the User's data, therefore the User must enter data related to the control of the billing and shipment of the products. The User will go to a screen in which a series of personal and bank details will be required, as well as the selection from a series of options offered by HAWKERS, the completion of which is essential to complete the purchase of the products through the Website.
Regarding the "Payment Method" tab, the User must only choose the intended payment method from among those offered by HAWKERS on the Website, which are the following: debit/credit card (VISA or Mastercard), through Stripe or any other similar payment institution. For the avoidance of doubt, HAWKERS will not have access to the User’s bank details as these are being directly managed by the corresponding banking entities. The User is informed that payment through any of these modalities may be subject to particular conditions of these providers. HAWKERS recommends that the User read, know and accept the particular conditions of the provider that are independent of these Terms and Conditions.
After the payment is made, the User will receive an order confirmation e-mail, which will include a summary of the items purchased, the requested shipping method and the destination address. This will constitute a contract formed between HAWKERS and the User.
If at the time of payment, there is an incident that prevents payment, the User will receive an automatic payment error message, and their order will not be processed until the payment process is successfully completed.

4.8. These Terms and Conditions are freely available to all Users of the Website in this Website.

4.9. Access to the contracting process is completely free, without any additional associated cost, apart from that of the User having an Internet connection.

4.10. All the products marketed are perfectly described in their corresponding product sheets made available to Users, not including any issues that have not been expressly indicated therein to be included.

4.11. The contract between HAWKERS and the User is understood to be finalised from the moment the User completes the contracting procedure by making payment as provided under Clause 5.7(e). It is understood that the monitoring of all phases of the electronic contracting procedure and the inclusion of all the requested data, together with the marking of the corresponding box regarding the acceptance of these Terms and Conditions is understood as the User's will to accept them.

4.12. HAWKERS, as a provider of a service which collects information, will file the electronic document in which this contract is formalised. The said electronic document will be accessible to the User, downloadable and printable, and containing these Terms and Conditions. HAWKERS will send a confirmation email to the User in which it will confirm the effective completion of the purchase with the corresponding receipt.

4.13. HAWKERS will introduce adequate and sufficient technical means to identify and correct any technical errors in the management of information as soon as the issue has been brought to the attention of HAWKERS.

4.14. The language in which the contracting procedure will be processed and in which this contract is formalized will be in English unless otherwise indicated.

Product characteristics

4.15. There are two types of products offered on the Website which are Sunglasses and Replacement Glasses. The characteristics of these products are detailed below:

(a) Sunglasses: Tinted glasses which protect the eyes from the sunlight. The characteristics of the Sunglasses will be described in the description of each product which includes, but is not limited to, the type of lens, its category, the UV level, the description of the frame and the measurements of the Sunglasses offered.

(b) Replacement Glasses: Replacement Glasses are a product based on the same characteristics as prescription glasses that have previously been issued to the User prescribed by their ophthalmologist or optometrist.

4.16. The data displayed on the website in each description of the products and services which includes photographs, graphics, iconographic representations, or videos, as well as trade names, trademarks, or distinctive signs of any kind, are for illustrative purposes only. Although HAWKERS has taken reasonable measures and effort to display the products accurately, it will not be held responsible for any error in appearance in the said information and/or whether products received are not of the same appearance as photographs online.

Ophthalmological or optometric information about the Replacement Glasses:

4.17. In order for Users to be able to acquire or purchase the Replacement Glasses marketed on the Website, HAWKERS require the User to provide their eye prescription data so that HAWKERS can adapt the Replacement Glasses lenses as prescribed by the ophthalmologist or optometrist.

4.18. To do this, the User must fill in the mandatory fields requested at the time of making the purchase or send the corresponding scanned prescription that contains the required elements.

4.19. In the case of sending a scanned prescription, HAWKERS will only take into account the following values:

(a) Axis;

(b) Cylinder;

(d) Date of the examination.

4.20. For the avoidance of doubt, any other specifications that may appear in the scanned prescription will not apply. Therefore, HAWKERS cannot guarantee identical Replacement Glasses and will inform the User should the situation arise.

4.21. The scanned prescription by the ophthalmological or optometric must be as current as possible and correspond to the User’s current glasses for which the replacement is to be obtained. It is advisable that the scanned prescription does not exceed twelve (12) months from the last review, as indicated by the General Council of Opticians Optometrists in its Manual of Good Professional Practices. In any event, HAWKERS shall not be held responsible for the accuracy and veracity of data provided by the User.

4.22. The User declares that the data provided about their vision corresponds to the assessment of the vision previously carried out by a qualified professional. In other words, said data responds to a prescription carried out by an ophthalmologist or optometrist after carrying out a corresponding eye examination, with the Replacement Glasses containing the same graduation and the same characteristics as those prescribed and initially adapted by said specialized ophthalmologist or optometrist.

4.23. In the event there are any doubts regarding the scanned prescription, HAWKERS recommends that the User goes for an eye evaluation with an authorized ophthalmologist or optician prior to purchasing the Replacement Glasses.

4.24. These data may be considered health data, requiring the express consent of the User. For more information, please review the Privacy Policy.

Information Regarding the Physical Characteristics of the Replacement Glasses:

4.25. In regard to the physical characteristics of the Replacement Glasses, the User must also provide the following information:

(a) interpupillary distance; and

(b) nasal pupillary distance.

5. PRICE AND PAYMENT

Prices

5.1. The current price of each product will at all times be the one indicated on the Website, together with its description.

5.2. All prices are shown in Ringgit Malaysia unless expressly stated otherwise.

5.3. All prices shown are final prices, expressly including Sales and Service Tax (SST) and any other applicable taxes and/or expenses. The final price will also include the discounts that are applicable, delivery charges, expenses passed on to the User and additional expenses for accessory services or means of payment. In all cases, all these amounts will be shown to the User in a broken-down form during the contracting process.

5.4. The SST flat rate of (10%) shall be applied to all the products marketed on the Website.

Payments

5.5. Once the User has proceeded to the checkout on the Website and made payment through any of the payment platforms made available to Users by HAWKERS, HAWKERS will send the User an order confirmation email in which all the information will be collected, regarding purchased products, their price, applicable taxes and any other information required by law.

5.6. The payment made by the User through the Internet will be made through a platform provided by an external financial entity, which in all cases will be hosted on a website under a secure SSL protocol. For security purposes, confirm that the web address of the page from which payment will be made begins with https://.

5.7. The order will only be confirmed when HAWKERS receives a confirmation of payment from the bank that owns the secured platform. If the transaction is for any reason denied by the said entity, or the total amount is not received (including surcharges for management fees and bank transfer fees), the contract will be suspended, and the User will be informed that the transaction has not been completed.

5.8. For the avoidance of doubt, HAWKERS will not alter or modify the order confirmation email made and sent to the User. In lieu of this, the User must ensure that the order is placed under the correct name and under a natural person. HAWKERS will also not issue any duplicate invoices to be sent to third parties, nor will they be issued after the Warranty Deadline as provided under Clause 8.2.

Discount codes

5.9. HAWKERS may periodically offer discount codes to its Users. The terms of the said discount will be specified on the Website and shall only be used once for every order of the User. It shall not be valid to be used in conjunction with other discount codes and/or promotional items.

5.10. Notwithstanding Clause 6.9, HAWKERS reserves the right to the following:

(a) To refuse to allow the User to use the discount code or offer if HAWKERS reasonably believe there has been a fraudulent usage; or

(b) To reject the usage of the discount code prior to the User placing the order due to any other reason.

Payment methods

5.11. We accept the following credit and debit cards: Visa and MasterCard. We also support the use of Stripe or other methods to be included.

5.12. For the avoidance of doubt, the User shall be liable for any relevant charges or fees applied by the User’s card issuer, bank or other payment institution as a result of HAWKERS processing the User’s payment.

6. CONDITIONS OF DELIVERY OF PURCHASED PRODUCTS

Delivery

6.1. The purchased products will be delivered to the physical address stated by the User when the order was made. HAWKERS will not be liable for any delivery problems arising from incomplete or incorrect addresses supplied by the User.

6.2. The User is informed that the delivery will incur shipping costs that are calculated based on the products purchased as provided under Clause 6 above, and which will be shown to the User at checkout before payment is made.

6.3. The estimated delivery date, which includes order preparation, will vary depending on the country, region, and shipping method the User chooses at checkout. For detailed shipping rates, please click here.

6.4. Pursuant to Clause 7.3, the shipping rates may be subject to change for promotions. Kindly check out our FAQ/Promotions section to check what prices apply to each offer.

6.5. HAWKERS will take all reasonable steps to ensure that the estimated delivery date is adhered to unless the occurrence of a force majeure event, an event beyond the control of HAWKERS or an unforeseen circumstance.

6.6. Notwithstanding the foregoing, HAWKERS shall not be liable for any delay that is caused once the shipments have been delivered to the corresponding courier service.

6.7. In the event that the User purchases more than one item per order, the User acknowledges that the products may be delivered in different shipments subjected to the availability of stock.

6.8. Upon delivery of the products by courier, the User or its representative is required to:

(a) Verify that the number of packages delivered corresponds to that indicated on the delivery receipt;

(b) Verify that the packages and their seals are intact, undamaged or altered in any manner;

(d) If required, present your ID to the courier.

6.9. In the event the number of packages does not correspond to the delivery receipt or the packages and products are damaged, the User must immediately inform the courier and inform HAWKERS through email at hello@hawkersco.com.

7. RETURNS

7.1. HAWKERS provides a return policy in two (2) cases: Replacement of Defective Products OR Return of Products under Right of Withdrawal.

Replacement of Defective Products

7.2. All products offered on the Website are original products that are free from defect and come with a manufacturer's guarantee of one (1) year from the date of purchase (“Warranty Deadline”).

7.3. Upon delivery of the products, the User shall inspect the products carefully and thoroughly. In the event the products do not match the description, are defective and/or damaged, the User shall inform HAWKERS immediately through our contact channels to commence the Warranty Procedure by providing such information, details, and documentation as set out in our Return Policy.

7.4. Once HAWKERS has received the communication from the User and has analyzed the incident through its Quality Department, it will inform the User of the outcome of its investigation (“Defective Goods Inspection Notice”). In the event the products are deemed faulty, HAWKERS will replace the defective product with the same or similar product (subject to availability).

7.5. Kindly be informed that delivery of the replacement product will be made within four (4) to seven (7) working days from the date of the Defective Goods Inspection Notice.

7.6. For the avoidance of doubt, the User is not obligated to return the defective product to HAWKERS, and it will be deemed as a “gift”.

7.7. This is provided in greater detail in our Return Policy on our Website.

RIGHT OF WITHDRAWAL

7.8. The User will have the right to withdraw from the order placed without giving reason, within a period of fourteen (14) calendar days from the date of receipt of the product (“User Withdrawal Notice”). The User may return the entire order or, if they prefer, they may send any of the products that make up part of the total order and, all of this, without any penalty and without the need to indicate the reasons.

7.9. For the avoidance of doubt, the right of withdrawal does not apply to personalized products, promotional products (if mentioned), and/or any other products which were informed to you at the time of purchase which are non-refundable.

7.10. The consumer and user must bear the full cost of the return to HAWKERS, whether they return the order in full or in part. To formalize the return, they must contact HAWKERS at www.hawkersco.com/pages/contact. Upon receipt of said communication, HAWKERS will indicate the method of sending the returned order to its offices or warehouses. The consumer and user must send the product to either of the following HAWKERS offices/warehouses:

Hong Kong: Room 801-2, 8/F, Easey Commercial Building, 253-261 Hennessy Road (Wanchai, Hong Kong).
Malaysia: Room 801-2, 8/F, Easey Commercial Building, 253-261 Hennessy Road (Wanchai, Hong Kong).
Singapore: Room 801-2, 8/F, Easey Commercial Building, 253-261 Hennessy Road (Wanchai, Hong Kong).

7.11. HAWKERS is not responsible for the courier company that the consumer and user contract for the return of the order. In this sense, HAWKERS recommends that the consumer and user require the courier company to provide proof of delivery once the courier has deposited the product at the HAWKERS offices so that the consumer and user are aware that the product has been successfully delivered to HAWKERS. HAWKERS is not responsible for the address where the consumer and user send the order for its return if it is different from that indicated. HAWKERS may request that the consumer and user send said proof of delivery for the purpose of verifying it.

7.12. The costs of returning any order (such as shipping costs through courier companies) will be borne directly and in full by the consumer and user.

7.13. The product must be in perfect condition and with all its labels, packaging and documentation and original accessories that came with it (if applicable). If the consumer and user do not proceed in this way or if the product has suffered any damage, the consumer and user accept that the product may suffer depreciation or that HAWKERS may reject the exercise of the right of withdrawal by the consumer and Username. Once HAWKERS verifies that the order is in optimal condition, HAWKERS will proceed to return the purchase price of the products paid by the consumer and user, subject to Clause 8.14 and 8.15 below.

7.14. If the consumer and user decide to return the order, in whole or in part, and informs HAWKERS before shipment of such order, HAWKERS will refund to the consumer and user all the amounts that he or she has paid (including the shipping costs).

7.15. If the consumer and user decides to return the order, in whole or in part, and informs HAWKERS after shipment of such order, HAWKERS shall only refund the cost of the product after deducting any and all shipping and/or delivery costs incurred by HAWKERS. HAWKERS informs consumers and users that the term for the return of the amounts paid will depend on the payment method that the consumer and user had used when purchasing the product:

(a) If the User has made the payment by credit/debit card, HAWKERS will refund the amount paid within fourteen (14) calendar days from the date the returned product(s) are received by HAWKERS.
(b) If the consumer and user have made the payment through Stripe, HAWKERS will refund the amount paid within a period of twenty-four (24) to forty-eight (48) business hours from the date the returned product(s) are received by HAWKERS.

7.16. In either case, HAWKERS will return the amounts paid as soon as possible and, in any case, within fourteen (14) calendar days following the date on which the returned product(s) are received by HAWKERS.

7.17. In the case of promotions applicable to the acquisition of independent items that include the addition of an additional product, being by way of example, but not limited to, 2-for-1, 3-for-2 promotions or any other that implies the delivery of an extra product for free or for a reduced price, if the consumer and user decide to

7.18. For the avoidance of doubt, the right of withdrawal will not be applicable in the case of products made according to the User's specifications or personalised products therefore it will not be possible to exercise the right of withdrawal when the Replacement Glasses are constituted as a product made according to the User's specifications.

8. PRODUCT EXCHANGE POLICY WITH ANOTHER PRODUCT

8.1. HAWKERS does not allow the exchange of any product purchased by the User for any other products offered on the website.

8.2. In the event that the User wants to exchange for another product, the User must exercise their right of withdrawal in accordance with Clause 8.8 above and subsequently purchase the intended product they want.

9. CUSTOMER SERVICE

9.1. HAWKERS, as managers of the Website and of marketing and selling the products offered on it, has a customer service available to Users, in which due attention will be given to all queries, complaints, claims, and suggestions raised in relation to the purchase of products through the Website.

9.2. Specifically, the contact channels made available to users are the following:

(a) Website: www.hawkersco.com. Available twenty-four (24) hours a day, seven (7) days a week.
(b) Email: hello@hawkersco.com. Available twenty-four (24) hours a day, seven (7) days a week.

9.3. Once we have received communication from the User, we will try to respond to any claims or queries received as soon as possible, which in no case will exceed fourteen (14) calendar days from the time the User submitted the claim or query.

9.4. In the event the User wishes to make a claim for a defective product, failure to receive their orders or any part thereof and/or any other reason, the User can contact HAWKERS to request a claim form.

10. RULES OF USE OF THE WEBSITE

10.1. The User agrees that in accessing and using the Website, the User is forbidden to:

(a) Use the Website for illegal or unauthorized purposes regardless of whether it is with or without economic purpose;
(b) Use the Website in any way that may cause damage, interruptions, inefficiencies, or defects in its operation or in third-party devices;
(c) Use the Website for the transmission, installation, or publication of any virus, malicious code, or other harmful programs or files;
(d) Provide false or misleading information;
(e) Use the Website to collect personal data from other Users;
(f) Use the Website illegally, against good faith, morality, and public order;
(g) Register through the Website with a false identity, impersonating third parties, or using a profile or performing any other action that may confuse other users about the identity of the origin of a message;
(h) Access without authorization any section of the Website, other systems, or networks connected to the Website, any server of the provider, or services offered through the Website, by means of hacking or forgery, extraction of passwords, or any other illegitimate medium;
(i) Break, or attempt to break, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the Content offered on the Website;
(j) Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the provider, as well as in the systems and networks connected to the Website;
(k) Prevent the normal development of an event, contest, promotion, or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, access, participation, or operation of the same, or falsifying the result of the same and/or using fraudulent participation methods, through any procedure, and/or through any practice that attempts or violates these Terms and Conditions in any way;
(l) Violate any applicable laws, rules, or regulations in connection with the User’s access or usage of the Website;
(m) Communicate through the Website or any of the channels enabled by it, content that violates the secrecy of communications or involves an infringement of Intellectual and Industrial Property Rights or the regulations governing the protection of personal data; or
(n) Communicate through the Website or any of the channels enabled by it, content that contains "spam" and/or links to sites unrelated to the corresponding space.

10.2. In the event the User fails to comply with any of the above obligations by the User, HAWKERS reserves the right to take necessary measures which include canceling the User’s order, blocking the User’s account and/or denying, restricting, suspending, or terminating the User’s access to the Website or its services, without prior notice.

11. TRANSFER OF TITLE AND RISK IN THE PRODUCTS

11.1. The title and risk in the products shall pass to the User when the products are dispatched from the warehouse to be delivered to the User’s address as provided in the User’s order. This is provided that full payment has been made and received by HAWKERS.

12. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

12.1. The Website and all of the information and materials included on it, which include but are not limited to, the platform itself, texts, photographs or illustrations, logos, videos, music, sound, audio clips, trademarks, registered trade names, distinctive signs graphics, designs, interfaces, and any other information or content, and the services available through it (“Intellectual and Industrial Property Rights”) are either owned or licensed by HAWKERS.

12.2. The access, navigation and use of the Website and/or the use, acquisition or contracting of products or services by the User shall not constitute a waiver, transmission, license or total or partial transfer of such Intellectual and Industrial Property Rights by HAWKERS. The User shall only be permitted to use the content and/or the services provided on the Website for his own personal use and solely for the purpose of enjoying the benefits of the service in accordance with these Terms and Conditions.

12.3. The User is prohibited from modifying, copying, reproducing, publicly communicating, transforming or distributing, by any means and in any form, in whole or in part, the Intellectual and Industrial Property Rights contained in the Website, for public or commercial purposes, without the prior written consent from HAWKERS or the owner of the corresponding rights.

12.4. Pursuant to Clause 13.3, it is also prohibited to delete or manipulate the copyright indications or other credits that identify the holders of Intellectual and Industrial Property Rights that the User finds on the Website. This includes technical protection devices, fingerprints, or any protection mechanism or information incorporated into the content offered on the Website.

12.5. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of intellectual and/or industrial property rights, the User shall immediately notify HAWKERS through the email address hello@hawkersco.com.

12.6. In the event that the User or a third party considers that any of the contents of the Website owned by HAWKERS violates their intellectual and/or industrial property rights, as well as any other rights, kindly write to hello@hawkersco.com with the following information:

(a) Identification data and means of contact of the claimant and/or their legal representative;
(b) Documentation proving their status as owner of the allegedly infringed rights;
(c) Detailed account of the rights allegedly infringed by HAWKERS, as well as their usage within the Website;
(d) Express statement by the claimant that the use of the Contents has been made without the consent of the owner of the allegedly infringed rights.

12.7. In the event the User sends any kind of information to HAWKERS through the email provided, the User declares, guarantees and accepts that it is accurate, legal and the User is the owner of the said information. The information shall not infringe any intellectual property right, industrial, commercial secret, confidential information or any other rights of any third party.

13. LINKS

Links to third-party sites

13.1. In the event that links to other third-party web pages through advertisements, buttons, links, banners or embedded content are displayed on the Website, HAWKERS shall take no responsibility or be liable for the operation, access, data, information, files, quality and reliability of its products and services and/or any other information provided and managed on the third-party web page.

13.2. In the event the User chooses to access the third-party web page, the User shall be operating at its own risk. The usage of the said web page shall be governed by its terms and conditions, and any queries shall be directed to the relevant operators.

13.3. If the Users have effective knowledge that the activities carried out through these third-party web pages are illegal or contravene morality or public order, the User must immediately notify HAWKERS so that the link can be disabled and necessary action will be carried out as soon as possible.

13.4. In all cases, the establishment of any type of link from the Website to another external web page will not imply that there is any type of relationship, endorsement, collaboration or dependency between the provider and the third-party responsible for said external web page.

Links to HAWKERS channels on other platforms and social networks

13.5. HAWKERS makes available links that allow Users to access the channels and pages of the Website that the provider maintains on different platforms and social networks owned or managed by third parties, which include but are not limited to, Facebook, Twitter, Pinterest and Google+. The inclusion of these links on the Website has the sole purpose of facilitating users' access to said channels on different platforms and social networks.

13.6. The establishment of these applications does not imply the existence of any relationship between HAWKERS and the owner, manufacturer and/or distributor of the linked platform, nor the acceptance and approval by HAWKERS of its contents or services. HAWKERS assumes no responsibility over the platform and the owner, manufacturer or distributor shall be solely responsible.

13.7. The User acknowledges that HAWKERS do not under any circumstance share with Facebook, Twitter, Pinterest, Google+ or any other applicable social network any type of private information about its users. As a result of this, all the information that the User wishes to provide to these platforms will be under their own responsibility, and HAWKERS will not intervene in the said process.

13.8. The activation and use of these applications may entail the identification and authentication of the User (login/password) on the corresponding platforms, completely external to the Website and beyond the control of HAWKERS. By accessing these external networks, the User enters an environment that is not controlled by HAWKERS, and it will not assume any responsibility for the security configuration of the said platforms.

13.9. Given that the provider has no control over content hosted on the said platform, the User acknowledges and accepts that the provider does not assume any responsibility for the content, products, services, advertising, or any other material available.

13.10. For this reason, the User must exercise extreme caution in the evaluation and use of the information and services existing in linked channels, and regarding their own information or that of third parties that they want to share on the platform.

Links on other web pages to the Website

13.11. HAWKERS does not authorize the establishment of a third-party link to the Website from any pages that contain illicit, illegal, degrading, obscene materials, information or content and, in general, that contravene laws, morals or public order, or generally accepted social norms.

13.12. HAWKERS does not have the ability and/or means to know, control or approve all the information, content, products or services provided by other web pages that have established links to the Website. As such, HAWKERS does not assume any type of responsibility for any aspect related to the web page that links to the Website, which includes but is not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its Contents in general.

13.13. Notwithstanding the above, users may establish links on their respective web pages that lead to the Website, as long as they comply with the following conditions:

(a) The link may not reproduce the content of the Website or parts of it in any way;
(b) They must not create a browser or a border environment on sections of the Website, nor can the Website be modified in any other way;
(c) They must not make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, declare or imply that the provider has authorised the link or has supervised or assumed in any way the contents or services offered or made available on the web page on which said link is established; and
(d) The web page in which the link to the Website is displayed will not contain illicit information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any rights of third parties, including those intellectual and industrial property rights and/or the right to honour, to personal or family privacy or to one's own image or any other right, or content contrary to the regulations governing the protection of personal data.

14. RESPONSIBILITIES AND GUARANTEES

Disclaimers

14.1. The User acknowledges that any photographs, texts, graphics, information and reproduced characteristics that illustrate the products for sale are merely illustrative and may vary from the actual product. However, kindly be informed that HAWKERS has ensured that any content, data and/or information in relation to the price, characteristics and/or description of the products available on the Website have been displayed and presented as reliable, truthful and accurate as possible.

14.2. HAWKERS shall take no responsibility or liability for any information provided by third parties that have been modified, changed and/or removed which may be displayed or informed by third-party sites.

Liability

14.3. Nothing in these Terms and Conditions shall exclude HAWKERS' liability for:

(a) Personal injury or death resulting from HAWKERS' negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Breach of any obligations that are required under Malaysia’s Consumer Protection Act 1999 and/or any other applicable consumer law; or
(d) Any other cause of action which cannot be limited or excluded under applicable law.

14.4. Pursuant to Clause 15.3, HAWKERS' liability with respect to any loss or damages suffered by the User shall only be limited to the total amount spent by the User in purchasing the products in the particular order. HAWKERS will not be liable for any losses or damages that are not foreseeably seen by HAWKERS at the time the contract was formed.

14.5. For the avoidance of doubt, HAWKERS shall not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions which is caused by a Force Majeure Event, which shall include but not be limited to fire, explosion, floods, acts of God, strikes, curfews, acts of war, terrorism, outbreaks, epidemics, pandemics or movement restrictions, travel restrictions, import and export restrictions or restricted operations imposed by any laws, regulations or guidelines by the relevant authorities or by other causes which is beyond the reasonable control of HAWKERS.

Limitation of Liability

14.6. Notwithstanding Clause 15.3 above, the User expressly acknowledges that the User has read, understood and agrees that HAWKERS shall not be liable to you for any of the following:

(a) That the Website will display and/or continue to display certain or updated contents;
(b) That the Website shall meet your requirements and/or expectations;
(c) That the Website and or its contents shall be absent from errors;
(d) That the Website may be subject to invulnerability due to the violation and non-adherence of a third party;
(e) That the Website and/or the server is free of viruses, worms, trojan horses or other harmful components;
(f) That the Website shall remain uninterrupted or undisturbed during your use of the same;
(g) That the content or information available on, contained in or offered on the Website are available, accurate or useful;
(h) That the Website is always accessible, accurate, complete, operational, reliable, useful or of quality;
(i) Any loss or damage suffered by the User which is the cause of any other party’s failure to adhere to the Terms and Conditions or the Website’s security system;
(j) That the Website shall operate or function properly on your operating system, mobile device or any other device; and
(k) That the Website shall not cause any damage to your operating system, mobile device or any other device.

14.7. However, kindly be informed that HAWKERS has taken all necessary and reasonable measures to guarantee the operation of the Website and reduce system errors to a minimum from a technical point of view.

14.8. HAWKERS does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of the rights of third parties, the User must immediately notify HAWKERS so that it can proceed to take the necessary measures.

14.9. HAWKERS will not be responsible for the veracity, integrity or updating of the information published on the Website from sources other than the Website, nor for that contained on other platforms linked from the Website. HAWKERS will also not assume responsibility for hypothetical damages that may arise from the use of the aforementioned information.

15. SUSPENSION OF THE WEBSITE

15.1. HAWKERS reserves the right to suspend, restrict and/or interrupt, either temporarily or permanently, the User from accessing, browsing, using, hosting and/or downloading any content or use of services on the Website, with or without prior notice, to Users who contravene or fail to comply with any of the provisions provided under these Terms and Conditions. For the avoidance of doubt, the User shall not be entitled to demand any compensation for the said suspension, restriction and/or interruption.

15.2. In the event HAWKERS detects any infringement, commission of a crime and/or misuse of the contents provided on the Website by the User, HAWKERS reserves the right to inform and collaborate in a timely manner with the competent police and governmental authorities.

16. INDEMNIFICATION

16.1. The User shall be solely responsible for any damage or loss caused to HAWKERS, its subsidiary or affiliated companies, associated companies, licensors, associated service providers and their subcontractors, other users of the Website, or any other individual or legal entity as a result of your breach or violation, whether directly or indirectly, of the terms of these Terms and Conditions.

16.2. The User hereby agrees to defend, indemnify, keep indemnified and hold harmless HAWKERS, its subsidiary or affiliated companies, associated companies, licensors, associated service providers and subcontractors against any and all costs, claims, liabilities, losses and/or damages arising out of or in connection with your breach or violation, whether directly or indirectly, of these Terms and Conditions or your use or misuse of the Website.

16.3. The User reserves the right, at your expense, to exercise exclusive and sole control over the defense of any matter subject to indemnification by you.

17. NOTIFICATIONS

17.1. All communications between HAWKERS and the User regarding the placing of orders, usage of the Website and/or any other matters will be made in writing and in accordance with the communication procedures established in these Terms and Conditions for each particular case.

18. LANGUAGE AND PRECEDENCE

18.1. HAWKERS may translate these Terms and Conditions and/or any other operating rule, policy or procedure that may be published on the Website to a different language as may be deemed necessary. In the event there is any contradiction or inconsistency between the English language version and any other translation of these Terms of Conditions, the English language version shall take precedence.

19. ETHICS POLICY ON SUPPLIERS

19.1. As a reputable and trusted company committed to providing high-quality products to its customers, HAWKERS recognizes its obligation and is committed to taking all reasonable steps to ensure that its suppliers act ethically in accordance with ethical standards. We expect our suppliers to consistently provide an environment that protects the health and safety of employees, as well as their basic human rights. All suppliers shall comply with their national employment laws and regulations, in particular with respect to the following:

(a) Minimum working age
(b) Freely chosen employment
(c) Health and security
(d) Freedom of association and right to collective bargaining
(e) Absence of discrimination and prejudice
(f) Absence of harsh or inhumane treatment
(g) Working hours
(h) Salaries
(i) Labour conditions

19.2. HAWKERS will never knowingly purchase supplies from suppliers that violate the above principles. HAWKERS also expects our suppliers to apply these principles to their dealings with their own suppliers. We do understand the complexity in some situations for our suppliers' supply chain to constantly monitor and control the conditions of each individual involved in the production of our products. However, as HAWKERS continues to grow, it recognizes the importance of being proactive and doing everything possible to uphold the rights of those involved in making its products.

20. CONFIDENTIALITY AND DATA PROTECTION

20.1. In accordance with the provisions of the Personal Data Protection Act 2010 on the protection of personal data and guarantee of digital rights, all personal data provided by the User during the use of the Website will be treated in accordance with the provisions of the Privacy Policy, which the User must expressly accept in order to use and register on the Website.

20.2. Please refer to our Privacy Policy on our Website for more detail.

21. PARTIAL NULLITY

21.1. All the clauses of these Terms and Conditions must be interpreted independently and autonomously. In the event any clause or provision of these Terms and Conditions are held to be illegal, null and/or unenforceable under any enactment, legislation rule of law, or court order, such term or provision or part shall, to the extent that it has been held to be illegal or unenforceable, be severed and deemed not to form part of these Terms and Conditions. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Terms and Conditions of the Website.

22. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

22.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.

23. DISPUTE RESOLUTION

23.1. In the event any dispute, difference, claim, or question arises from disputes that arise online in regards to consumer matters, the User can contact HAWKERS by mail at the electronic or physical address indicated in Clause 1 to inform of such dispute, difference, claim, or question. The User and HAWKERS will commit to seeking an amicable solution by negotiation.

23.2. In the event the dispute, difference, claim, or question fails to be settled through negotiation, the parties agree to submit to the exclusive jurisdiction of the Courts of Malaysia.

24. MISCELLANEOUS

24.1. Headings: The headings of the different clauses are for information only and will not affect, qualify, or expand the interpretation of these Terms and Conditions. HAWKERS reserves the right to modify these Terms and Conditions, in whole or in part, as set out in Clause 3.

24.2. Specific Conditions: The contracting of any product and/or payment service offered by HAWKERS will be regulated by the general and/or particular conditions of each specific service provided for that purpose. In the event of a discrepancy between the provisions of these Terms and Conditions and the particular conditions of each specific service on the Website, the provisions of the latter shall prevail.

24.3. Waiver: The non-exercise or enforcement by HAWKERS of any right or provision contained in these Terms and Conditions do not constitute a waiver of the same unless acknowledgment and agreement are expressed in writing.

24.4. Acknowledgment and Agreement: The User acknowledges and agrees that the User has read and understood these Terms and Conditions.