Terms of Use
TERMS AND CONDITIONS
SERVICE AGREEMENT
1. Declaration and consent
1.1. By using the Hai Xiang App and registering for the Hai Xiang App, you confirm and agree that you have full knowledge, understand and consent to this Agreement and the Terms of Service governing your use of the Hai Xiang App upon registration for the Hai Xiang App.
1.2. If you are a minor (i.e. below the age of 18 years old), you must obtain consent from your parent or guardian before using the Hai Xiang App and/or registering for the Hai Xiang Membership.
1.3. The Company shall reserve the right to amend this Agreement, the Terms of Service and/or policies governing the usage of the Hai Xiang App and/or the Hai Xiang Membership at any time and from time to time. The Company shall be entitled to post any such amendment(s) on the Company’s website and/or the Hai Xiang App without prior or separate notice to you and such amendment(s) shall be effective as stated therein. The continued access and use of the Hai Xiang App and/or the Service after amendments to this Agreement, the Terms of Service or policies are posted will be deemed as full knowledge and acceptance of the revised Agreement, Terms of Service and policies by you. If you do not agree or consent to any such amendment(s), you should cease to use the Services and cancel or terminate your Hai Xiang Membership by deactivating your account via the Hai Xiang App.
2. Registration of Hai Xiang Membership
2.1 We collect Personal Data from you in the following ways, including but not limited to: (i) when you access our Platform and/or when you create an account, register with us and/or submit any form to provide us or benefit from our Products and Services, including to place food orders; (ii) when you disclose Personal Data and transact with us, contact us or request that we contact you through various communication channels; (iii) when you sign up for our marketing and promotional communications and/or initiatives; (iv) when you participate in any activities conducted by us (e.g., contests, events, functions, games, research or surveys); (v) when you make available your Personal Data to us for any other reason; (vi) when you authorise us to obtain your Personal Data from a third party; (vii) when your images are captured via CCTV cameras while you are within our premises and/or outlets; (viii) when your images are captured via photographs or videos taken by us or our representatives when you attend events organised by us; (ix) when you submit an employment application to us; or (x) through other data sources (e.g., business partners, public agencies, referral intermediaries, or if you act as an intermediary).
2.2 If you are under the age of 18 years, please obtain, in addition to your own explicit consent, your parents, guardian or legal representative’s consent before providing your Personal Data to us.
2.3 Notwithstanding, we may collect Personal Data of children under the age of 18 years from the parents, guardian or legal representatives directly. In such circumstances, you confirm that they have explicitly consented and appointed you to act for them.
3. Membership Tier
3.1. The Hai Xiang Membership is distinguished in 3 tiers as follows:
3.1.1. Membership level is maintained after 12 months (no downgrade). The accumulative amount will be reset for the next 12-month membership level achievement period.
3.1.2. Upon signup, members who spend ≥ RM350 within the initial 3 months will be automatically upgraded to Dolphin (海豚), and members who spend ≥ RM700 within the initial 3 months will be automatically upgraded to Whale (海鲸).
3.2 Points Collection
3.2.1. Points are earned on qualifying spend as follows:
| Membership Tier | Points Earned |
|---|---|
| Sea Lion (海狮) | RM 1 = 1 HX Point |
| Dolphin (海豚) | RM 1 = 1.5 HX Points |
| Whale (海鲸) | RM 1 = 2 HX Points |
3.2.2. The points earned must be redeemed within 3 months from the date the points were earned.
3.2.3. The points collected are specific to your Hai Xiang Membership and are non-transferable, sellable or assignable to any other persons, including another member of the Hai Xiang Membership.
3.2.4. The points collected are not exchangeable, convertible or redeemable for or into cash or any other forms of money, regardless of the ways through which the points are earned.
3.2.5. The points collected are not deemed as any form of property and hence, they are not any property over which you may exercise the full right of possession. The Company may, in its sole discretion, adjust the point value or amend relevant provisions relating to the points redemption procedure at any time and from time to time without your prior consent.
3.2.6. You are entitled only to convert the points granted into designated service or products according to this Agreement, the Terms of Services and/or policies governing the Hai Xiang Membership.
3.3 Points Redemption
3.3.1. Points earned and accumulated can be used to redeem rewards including cash vouchers via the Hai Xiang App. A member may redeem some or all of their points for rewards, subject to complying with the redemption procedures and redemption policies that the Company have at any time and from time to time.
3.3.2. You are required to present your e-card from your Hai Xiang App for redemption. Any screenshot or printed e-card will not be accepted.
3.3.3. All completed redemptions shall not be revoked, cancelled, returned, or refunded.
3.3.4. The Company reserves the right to refuse any points redemption or to remove any rewards redeemed with points if they identify that the points collected were in error or suspect that the points were fraudulently accumulated or in breach of this Agreement, the Terms of Service and/or policies governing the Hai Xiang App or Hai Xiang Membership, regardless of whether notice is provided.
3.4 Hai Xiang Membership Privileges
3.4.1. The Hai Xiang Membership privileges are as follows:
| Benefits | Sea Lion (海狮) | Dolphin (海豚) | Whale (海鲸) |
|---|---|---|---|
| Welcome Voucher | RM5 Welcome Voucher | - | - |
| Birthday Voucher | RM8 E-Voucher | RM20 E-Voucher | RM30 E-Voucher |
| Points per RM Spent | 1x Points | 1.5x Points | 2x Points |
| Free Delivery Voucher | 1x (min. spend RM20) | 1x per month (min. spend RM20) | 2x per month (min. spend RM20) |
| Visit Bonus Points | 20 pts for 3 visits/month (min. RM12) | 50 pts for 3 visits/month (min. RM15) | 100 pts for 3 visits/month (min. RM18) |
| Priority Queue, Reservations & Seating | - | - | Yes (subject to outlet availability) |
3.4.2. Visit bonus points are based on the calendar month.
3.4.3. You may also participate or get more information on the activities, promotions and rewards made from time to time on the Hai Xiang App or our Company’s website.
3.5. All your operations on the Hai Xiang App will be recorded by the Company, regardless of the success or failure of the attempts in attaining the desired results. You may enquire about the points accumulated in your Hai Xiang Membership through the Hai Xiang App. If you deem the record incorrect, you may request a detailed transaction record from the Company and a processing fee will be charged upon such request.
3.6. The Hai Xiang App and/or the Services may be subject to limitations or delays or rendered unavailable for causes beyond the Company’s reasonable control. The Company shall not be held liable for any loss or damages incurred as a result of unavailability of the Hai Xiang App and/or Service, including any failure to record points accumulation, redemption of points, or other privileges, as well as any other Hai Xiang App usage-related failures, damages, or losses resulting from such problems.
3.7. You agree that, for business operation and security reasons, the Company reserves the right to suspend or limit certain service functions of the Hai Xiang App and/or the Hai Xiang Membership, or offer new service features to it. Upon such changes, by you continuing to use the Hai Xiang App and/or Services, it will be deemed as your acceptance of such changes.
4. Restrictions on the Use of Hai Xiang App Service
4.1. You shall use the Hai Xiang App, Hai Xiang Membership and/or the Services in accordance with relevant laws and regulations of Malaysia. You will not use the Hai Xiang App, Hai Xiang Membership and/or the Services for any illegal purposes (including the trading of prohibited or restricted items), or use the Hai Xiang App, Hai Xiang Membership and/or Services if it is illegal for you to do so.
4.2. You shall not engage in conducts infringing others’ legal interests while you use the Hai Xiang App, Hai Xiang Membership and/or the Services. Otherwise, you shall assume the legal responsibility entailed, and be liable for compensation if the rights and interests of the Company or the employees of the Company are impaired as a result. The aforementioned conducts include but are not limited to:
breaching confidentiality obligations imposed by law or agreement;
using the Services with false information;
unauthorised access to servers relating to our website or our Hai Xiang App;
impersonation, or using other persons’ Hai Xiang Membership;
distributing computer viruses or engaging in any acts threatening the Hai Xiang App, Hai Xiang Membership and/or the Services;
acts of preparing, aiding or facilitating the above; or other conducts deemed inappropriate by the Company.
4.3. The Company may suspend or terminate your Hai Xiang App, Hai Xiang Membership and/or the Services in any of the circumstances stated in paragraph 4.2 above and the Company shall not be liable to compensate for any losses, damages or expenses accrued, including without limitation to the loss of profit, reputation, service, data or other intangible damage (regardless of whether the Company receives prior notice of the possibility of damage).
4.4. Should there be any abnormality or suspected illegal conducts involved in the transaction with your Hai Xiang Membership, the Company reserves the right to suspend or terminate your Hai Xiang App Account or Hai Xiang Membership and deny you the Services in full or in part.
4.5. The Company reserves the right to terminate your Hai Xiang Membership and/or the Service without prior notice when deemed necessary. The Company may suspend, deny your access or delete your Hai Xiang Membership and all related information and files, freezing or cancelling the points accrued in your Hai Xiang Membership.
5. Privacy Protection
5.1. We collect information including but without limitation, the registered membership information, history of accumulation and exchange of points, traffic data (IP address etc.), behavioural data (log-ins, page views, clicks etc.), imprecise location data, data regarding cookies and similar devices, and other personal data, for the following purposes:
administration of points and other services;
conduct of surveys and other campaigns;
advertising (including targeted advertising and interest-based advertising etc.) and other provision of information;
notification and other communication concerning the Hai Xiang App and Hai Xiang Membership; and/or
research, analysis, and collection of statistics for our marketing activities and development of products and services.
5.2. By you using the Hai Xiang App and the Services provided on the Hai Xiang App, you consent to the use, application and disclosure of your personal information by the Company according to this Agreement and the Privacy Policy.
6. System Halt or Failure
6.1. The Company shall not be liable for any losses or damages in the event of system halt or non-performance of the Services as a result of the following:
data communication fails as a result of telecommunication equipment failure;
the Company’s system fails due to circumstances beyond its reasonable control, including typhoon, earthquake, tsunami, flooding, electrical power failure, war, acts of terrorism, and other force majeure incidents; and/or
service is interrupted or delayed for reasons such as hacker attacks, technical adjustment or system breakdown on the part of telecommunication providers, website upgrades, technical difficulties with banking systems, etc.
7. Return & Refund Policy
7.1. The provisions under this section are only applicable to pre-order only (“Pre-Order” and “Food Delivery”).
7.2. Please note that you are required to collect or arrange for collection your Pre-Order via the Hai Xiang App before the end of our business hours on the same day. If your Pre-Order is not collected by the end of our business hours on the same day, your Pre-Order may be disposed and there shall not be any refund for the amount purchased for your Pre-Order.
7.3. When you place Food Delivery with the Hai Xiang App, Hai Xiang will confirm your order by sending you a confirmation containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
7.4. Should there be any discrepancy of the goods/products collected/delivered against your order and you wish to request for return and refund, you are required to immediately notify our outlet staff or write an email to haixiangfs@gmail.com to report on such discrepancy within 2 hours from the receipt of the goods/products from us and/or our third-party partners.
7.5. Please note that we will process your request for refund within 14 working days upon the completion of the verification of the request submitted.
7.6. The return/refund of goods/products can be arranged for, inter alia, the following reasons:
if the product/goods collected/delivered is different from the Pre-Order/Food Delivery. Products/goods for return or refund shall be returned in its original condition, quantity and packaging as first delivered to the customer together with proof of purchase.
8. Payment
8.1. The following are the payment methods available for you to place your order through the Hai Xiang App:
8.1.1. Credit Card (Visa and Mastercard)
We accept all VISA and Mastercard Cards, both Credit and Debit with 3D secure (Verified by VISA and Mastercard secure).
8.1.2. E-Voucher
8.1.3. Internet Banking
8.1.4. E-wallet (Boost, GrabPay, ShopeePay and Touch N Go)
9. Limitation of Liabilities
9.1. The Company is responsible only for obligations expressly stated in this Agreement.
9.2. The data and/or information provided by you as a member of the Hai Xiang Membership is offered by the member on a voluntary basis. The Company does not guarantee the accuracy, timeliness, completeness of any information provided in connection with the Services. You shall take full responsibility for your own judgment.
9.3. Partners of the Services are responsible for the quality and content of the service they provide, for which the Company bears no liability.
9.4. You must evaluate and bear all risks associated with the use of any content downloaded or acquired through the Hai Xiang App and/or Services. You shall take full responsibility for any damage or loss of data on your computer system caused by your decision to download the information.
9.5. No advice or information, whether oral or written, obtained by you from the Company or its staff, or through the Hai Xiang App and/or Services shall create any warranty on the Hai Xiang App and/or Services not expressly stated by the Company.
9.6. To the extent permitted by law, the Company shall in no event be liable for any indirect, punitive, special or incidental damages associated with or arising from this Agreement, whether in breach of this Agreement (including breach of warranty), tort or of whatever causes, even if the Company has been advised of the possibility of such damages. The Company disclaims any responsibility for the aforementioned damages notwithstanding any claim that a sole or exclusive remedy provided in this Agreement may or does fail of its essential purpose.
10. Trademark and Intellectual Property Rights Protection
10.1. All intellectual property rights (including without limitation to trademark, patent, copyright, trade secret, etc.) of the Company’s website and its content (including without limitation to the texts, photos, documents, information, reference, website framework, website graphics and webpage design) and the Hai Xiang App are owned by the Company or its related corporations as permitted by law.
10.2. None of the programming information or content of the Company’s website and/or Hai Xiang App may be used, revised, copied, transmitted, altered, disseminated, distributed or publicised without prior written consent from the Company or its related corporations.
10.3. You are obliged to respect intellectual property rights, the breach of which may render you liable for damages incurred.
11. Notices
11.1. Our notices concerning this Agreement, the Terms of Services and/or the policies governing our websites and/or the Hai Xiang App may be posted on our website, sent by email or SMS, or given by any other means we deem appropriate.
12. Enquiry
12.1. Should you have any queries on this Agreement, the Terms of Services and/or the policy governing our website, the Hai Xiang App, the Hai Xiang Membership and/or the Services, you may contact the following:
Tel No. : +60137537842
Email : haixiangfs@gmail.com
13. Jurisdiction
13.1. All matters arising under or relating to this Agreement and/or the Terms of Services shall be governed by and construed in accordance with the laws of Malaysia.
13.2. You hereby agree to submit to the exclusive jurisdiction of the Malaysian courts for any disputes, controversy or claim arising out of or relating to this Agreement.