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TERMS AND CONDITIONS

TERMS AND CONDITIONS

INTRODUCTION

In order to ensure that we all enjoy the facilities of the Heineken website, we herewith set out our general guidelines. In these Terms and Conditions of use, and Privacy and Cookie Policy, you will find details on our policies and regulations. We suggest you read them carefully. The following is a general approach only.

TERMS AND CONDITION

APPLICABILITY

These terms and conditions of use ("Terms of Use") apply to all visits to and all use of this website of Heineken Malaysia ("Heineken"), as well as to all information, recommendations and/or services provided to you on or through this website (the "Information").

By using this website you agree to the applicability of these Terms of Use. We note that these Terms of Use may be changed over time. Such changes shall be effective immediately upon the posting of the modified Terms of Use. Users of the website are advised to regularly read the Terms of Use for possible changes.

INFORMATION AND LIABILITY

The Information is for general information purposes only and does not constitute advice. Heineken shall not be liable for any damages resulting from the use (or inability to make use) of this website, including damages caused by viruses or any incorrectness or incompleteness of the Information, unless such damage is the result of any willful misconduct or gross negligence on part of Heineken. Heineken shall not be liable for damages resulting from any lack of suitability, timeliness or accuracy of this website or the Information.

Heineken shall further not be liable for damages resulting from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Heineken disclaims all warranties including, but not limited to, warranties of conditions, quality, merchantability, fitness for a particular purpose and non-infringement.

INFORMATION OF THIRD PARTIES

The Information originating from third parties constitutes an expression of the personal opinions of those third parties. Heineken is not responsible and shall not be liable for such Information.

Hyperlinks on this website may direct visitors to external websites which are maintained by third parties. Heineken shall not be liable for the contents and the functioning of such external websites. Heineken shall also not be liable for the quality of products or services which may be offered on such external websites.

INTELLECTUAL PROPERTY

Unless indicated otherwise, all intellectual property rights to this website and the Information are owned by Heineken. These rights include but are not limited to all copyrights, rights to the trade names, word trademarks, pictorial trademarks and logos of Heineken, such as, but not limited to the rights to "HEINEKEN".

Users are permitted to read this website and the Information and make copies for their own personal use, for example by printing or storing. All other use of the website or of the Information, for example the storage or reproduction of (a part of) the website of Heineken in any external internet site is not permitted.

UNSOLICITED IDEAS

In the event that you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (the "Materials") on this website or send such Materials to Heineken by email or otherwise, Heineken shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge. Heineken shall not be bound by any confidentiality obligation in respect of such Materials.

You hereby indemnify and hold Heineken harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by Heineken as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

SEVERABILITY

If these Terms of Use are or become partially void, the parties will continue to be bound by the remainder of the same. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of such void part as much as possible, taking into account the content and the purport of these Terms of Use.

APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be exclusively governed by Heineken Marketing Sdn Bhd. All disputes arising in connection with these Terms of Use, including but not limited to disputes concerning the existence and validity thereof, shall be resolved by the competent courts of Malaysia.

Please do not share our content with anyone under the legal drinking age.

HEINEKEN® USER GENERATED CONTENT TERMS OF USE

Heineken® Malaysia Berhad (“Heineken®”) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because Heineken® has requested your permission to use your social media content in this way. If you choose to allow us to use your social media content (“User Content”) by replying ‘Agree’, you agree to these Terms of Use.

Heineken® engages a limited number of service providers to facilitate the collection and transmission to the Heineken® websites (www.heineken.com/my and others)(the “Site”), social media channels, promotional materials and other properties (“Heineken® Properties”) of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by Heineken® in connection with its business, including Heineken® product feature, marketing, promotional, advertising and other consumer-related activities (the “Heineken® Services”).

Heineken® reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.

USER CONTENT LICENSE

You hereby grant to Heineken® and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site or the Services, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this Site or the Services or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties behalf. By using the Site or the Services or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

The Licensed Parties reserve the right to remove any User Content from the Site and the Heineken® Properties. If you believe any content, including User Content, residing on the Site or on the Heineken® Properties or displayed or used in connection with the Heineken® Services infringes any person’s or entity’s copyright rights, please refer to the Heineken® PDPA Policy.

ADDITIONAL TERMS

These Terms of Use apply to the entire Site, the Heineken® Properties and Heineken® Services and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site or on any of the Heineken® Properties or in connection with the Heineken® Services, you also will be subject to additional terms of use, agreements, guidelines or rules provided by Heineken® applicable to such Heineken® Services and User Content, including but not limited to those set forth on the Heineken® website at https://www.heineken.com/my/terms-of-use-and-privacy, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by Heineken® (the “Heineken® Terms”).

You certify that you are non-Muslim and 21 years old and above.

INTELLECTUAL PROPERTY RIGHTS

The Site, Heineken® Services or Heineken® Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Heineken® by authorizing use of your User Content or otherwise using or accessing the Site, the Heineken® Services or the Heineken® Properties.

MISCELLANEOUS

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Heineken®’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if Heineken® does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Heineken® has the benefit of under any applicable law), this will not be taken to be a formal waiver of Heineken®’s rights and that those rights or remedies will still be available to Heineken®.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

TERMS & CONDITIONS: INVITE HEINEKEN 0.0 PROMOTION ("PROMOTION")

GENERAL
1. The Terms and Conditions set out herein shall apply to the Promotion by Heineken Malaysia ("Heineken") relating to and/ or in connection with the brands and pack types of products manufactured by Heineken and/or sold by Heineken in Malaysia (“Heineken Products”) as detailed herein.
2. Only non-Muslim person aged 21 years old and above are eligible to participate in this Promotion.
3. Subject to clause 2 above, this Promotion is open to all Malaysian citizens, permanent residents, holders of valid employment passes or work permits, with the exception of employees of Heineken, its affiliate companies, associated agencies, advertising agencies, dealers, distributors, vendors, participating outlets, promoters and their relatives.
4. For the purposes of the Promotion, the “Company”, “us” or “we” shall refer to Heineken. To the fullest extent permitted by law, the term “Heineken” shall also include third parties (including but not limited to any agent, partner, participating establishment and/or contractor) involved in the running and/or mechanics of this Promotion.

AGREEMENT TO TERMS AND CONDITIONS
5. By participating in this Promotion, participants agree to and shall abide by, these Terms and Conditions applicable to and governing this Promotion as set out herein.

RESERVATION OF RIGHTS
6. The Company reserves the right at any time and in its absolute discretion to vary the Terms and Conditions (or any part thereof) and/or to withdraw or terminate the Promotion without prior notice or reason.
7. All decisions made by the Company in relation to the Promotion, the Terms and Conditions and any aspect thereof are final and binding and no correspondence will be entertained.
8. All Goods and Services (as defined in clause 15 herein) are:
a. subject to stock availability;
b. not exchangeable for cash or credit unless specifically stated;
c. if unclaimed in accordance with the Terms and Conditions, will be dealt with at the Company’s sole discretion; and
d. the Company reserves the right to cancel, change, substitute or remove the said Goods and Services at any time without prior notice.

PRIVACY
9. Heineken collects, uses and discloses participants’ personal information and data in accordance with our Privacy and Cookie Policy at https://www.heineken.com/my/terms-of-use-and-privacy. The Privacy and Cookie Policy may be updated from time to time and we encourage participants to check back regularly for updates to the same.

WARRANTY AND USE OF RECORDS
10. Each participant warrants that any information provided pursuant to this Promotion (including but not limited to name, identification number, contact details and number(s) and/or addresses) is true, accurate, valid and to be relied upon by the Company. Each participant shall be responsible for keeping the Company informed of any update to the information initially provided, as necessary.
11. By participating in this Promotion, the participants agree to take part in any promotional or publicity exercise as may be conducted by the Company. Any record in any medium arising out of or in connection with such promotional or publicity exercise including but not limited to the participants’ performance, appearance, likeness, personal particulars, photographs, audio/visual recordings and/or written responses (the “Records”) shall to the fullest extent permitted by law be the sole property of the Company and in any case the participants hereby irrevocably and unconditionally at no cost, grant the Company all consents and waivers necessary for the Company to make or retain such Records and use and/or publish the same in any manner as the Company shall in its sole discretion deem fit in relation to the Purpose.
12. Where permissible and to the fullest extent permitted by law, each participant expressly waives all rights which the participant may acquire or have or be entitled to under the law (and any subsequent enactment or amendments thereto) in respect of or in relation to, the Records.

LIMITATION OF LIABILITY
13. The Company accepts no responsibility and will not be liable for any loss, injury, expense, delay or irregularity (“Loss”) arising out of or in connection with the Promotion.
14. In particular and without prejudice to clause 13, the Company disclaims any liability in respect of any Loss (whether suffered by the participants, their families or third parties) arising from or in connection with or as a result of:
a. any incomplete or inaccurate or illegible information provided by the participants;
b. any third parties’ provision of goods and/or services (including but not limited to any communication, delivery or electronic messaging services); and
c. the possession and/or use of the Goods and Services as defined hereafter.
15. The Company makes no product representation or warranties, expressed or implied and disclaims any and all liability, as to the condition, quality, merchantability or fitness for use of Heineken Products and/or services pertaining and/or provided to, received and/ or purchased by the participant pursuant to the Promotion (the “Goods and Services”).

PROMOTION DETAILS/ MECHANICS
16. The details of the Promotion are set out in Schedule 1.

OTHER TERMS
17. These Terms and Conditions shall be governed by Malaysian law and the parties agree to submit to the jurisdiction of the courts of Malaysia.
18. The Contracts (Rights of Third Parties) Act Cap.53B is hereby expressly excluded from application to these Terms and Conditions.
19. Failure to comply with any of the Terms and Conditions of the Promotion may result in the participant being disqualified from taking part in the Promotion.
20. All Promotion Products are subject to the issuing or coordinating organisations’ terms and conditions as applicable.

SCHEDULE 1

PROMOTION DETAILS
1. The Promotion will run from 23 November to 31 December 2020 or earlier, while stocks last. 25th December 2020 is a Public Holiday and hence meeting is not available for this date.
2. Upon acceptance of participant’s participation, one #InviteHeineken00 kit consisting of 4 cans of Heineken 0.0 330ml, will be delivered to the accepted participants, upon receiving completed delivery details at least 72hours in advance. Acceptance of participation is based on logistical availability around Klang Valley, meeting requirements of at least 5 meeting participants of a 30 minutes long, and at the sole discretion of Heineken Malaysia.
3. By participating in this Promotion, the Participants agree to abide by all terms and conditions set out herein and in any message or communication by Heineken relating to the Promotion.
13. Where the Promotion Products have been fully redeemed, the participant will be informed by the Company’s relevant partner(s) that the Promotion Products have been fully redeemed and the Promotion has ceased.
14. The Company’s relevant partner(s) shall facilitate the delivery of the Promotion Product(s) to the respective home address of the recipients.
16. Recipients of the Promotion Products shall execute certain forms and documents as may be required by Heineken.
18. For the avoidance of doubt, the Company has the sole discretion to:
(a) void or reject any participation in the Promotion which in its opinion is fraudulent, not genuine or which does fulfill the Promotion requirements; and
(b) determine when the Promotion Product has been fully redeemed and reject any further participation.
21. For the avoidance of doubt, the Promotion Product, regardless of its condition, quality, merchantability or fitness for use, or failure by the participant to redeem the same within the Promotion Period, is not exchangeable for cash.
22. For the avoidance of doubt, in no event whatsoever shall the participant be entitled to any refund of monies or compensation.
23. Unless otherwise stated herein, the Company is under no obligation to contact the participants in relation to the Promotion or any part thereof. Should the Company choose to do so, the Company will make only reasonable efforts to contact the participants.