BlueTap Activation

Terma & Syarat

​These Terms and Conditions (“Terms“) govern the activation of BlueTap through the TNGD Merchant Dashboard. By proceeding with device activation, you acknowledge that you have read, understood, and agree to be bound by these Terms. You further acknowledge and agree that you are bound by the terms and conditions governing the purchase of the Device by EPOS, to the extent applicable to your use, custody or possession of the Device.

  1. Definitions
    In these Terms, unless the context otherwise requires:
    “BlueTap” or “Device” means the point-of-sale terminal that enables the process and settlement of transactions which is owned by EPOS;
    “EPOS” means EPOS Global Solutions Sdn Bhd, the owner and distributor of the Device;
    “Merchant Data” means all information relating to the Merchant including but not limited to registration details, business information, transaction data, and contact information;
    “Merchant Dashboard” means the feature in the TNG eWallet which allows Merchants to track sale transactions, history records, and perform Device activation;
    “Merchant” or “You” means the merchant as named and more particularly described in the Merchant Dashboard and/or as saved and registered in TNGD’s system;
    “TNGD” means TNG Digital Sdn Bhd.
  2. Device Ownership and Disclaimer of Liability
    2.1 You acknowledge and agree that EPOS is the owner and distributor of the Device.
    2.2 TNGD acts solely as a facilitator for the activation of the Device through the Merchant Dashboard and makes no representations or warranties, whether express or implied, regarding the Device.
    2.3 TNGD hereby disclaims, to the fullest extent permitted by law, all liability, responsibility, and obligation in relation to
    (a)   the functionality, performance, quality, merchantability, or fitness for any particular purpose of the Device;
    (b)   any defects, malfunctions, failures, errors, or interruptions in the operation of the Device;
    (c)   any loss, damage, claim, expense, or liability of whatsoever nature arising from or in connection with the use, misuse, or inability to use the Device;
    (d)   any breach of warranty, product liability, or negligence claims relating to the Device; and
    (e)   any data loss, security breaches, or unauthorized access occurring through or in connection with the Device.
    2.4 You acknowledge that all matters pertaining to the Device, including but not limited to warranty claims, technical support, repairs, replacements, and maintenance, shall be addressed directly with and handled exclusively by EPOS.
    2.5 The Merchant agrees to indemnify and hold harmless TNGD, its directors, officers, employees, and agents from and against any and all claims, demands, losses, damages, costs, and expenses (including legal fees) arising from or relating to the Merchant’s use of the Device, to the extent such claims arise directly from the Merchant’s breach of these Terms, fraud, wilful misconduct, or negligence, and not arising from any act or omission of TNGD or any defect in the Device.
  3. Device Activation
    3.1 You acknowledge and agree that TNGD’s role is merely to facilitate the activation of the Device by collating the Merchant Data and submitting such data to EPOS which shall perform the activation of the Device.
    3.2 Activation of the Device must be performed via the TNGD Merchant Dashboard in accordance with the instructions provided by TNGD.
    3.3 You shall be solely responsible for:
    (a)   ensuring a stable and secure internet connection during the activation process;
    (b)   following all activation instructions accurately and completely;
    (c)   providing accurate and complete information as required for activation; and
    (d)   maintaining the security and confidentiality of all activation credentials.
    3.4 You acknowledge that failure to complete the activation process in accordance with the prescribed procedures may result in the Device being temporarily or permanently inoperable.
    3.5 TNGD shall not be liable for any activation failure, delay, or error caused by or arising from:
    (a)   error or failure to follow instructions;
    (b)   network connectivity issues or internet service disruptions;
    (c)   third-party interference or technical issues; and
    (d)   provision of incorrect or incomplete information by you.
    3.6 You acknowledge that the Device activation is a prerequisite for eligibility for any warranty or support services provided by EPOS.
  4. Data Sharing and Consent
    4.1 By proceeding with Device activation, you expressly and unequivocally consent to TNGD collecting, processing, and sharing the Merchant Data with EPOS. You acknowledge that upon sharing your Merchant Data with EPOS, such data will be used, processed and treated in accordance with the Privacy Policy of EPOS available at https://www.epos.com/my/privacy-policy/ and in accordance with Clause 4.2 below.
    4.2 You acknowledge that once your Merchant Data is shared with EPOS, EPOS shall have sole and full control of your Merchant Data and you are required to contact EPOS for any matters in relation to it.
    4.3 TNGD hereby is released from all obligations and responsibilities towards the copy of Merchant Data which is shared with EPOS. For clarity purposes, TNGD shall at all times ensure the Merchant Data in the control of TNGD shall be processed in accordance to the Privacy Notice and the applicable laws.
  5. Suspension and Termination
    5.1 TNGD and/or EPOS may, with prior notice, suspend or terminate the Merchant in the event of:
    (a)   breach or violation of these Terms;
    (b)   suspected fraudulent, illegal, or unauthorized activity;
    (c)   emergency or operational requirements;
    (d)   credit control purposes;
    (e)   non-payment of fees or charges; and
    (f)    any other reason deemed reasonable by TNGD or EPOS.
    5.2 Upon suspension or termination, you may:
    (a)   lose access to activation services, technical support, and warranty services;
    (b)   lose access to any data, records, or information associated with the account;
    (c)   be required to return the Device to EPOS if so requested.
    5.3 Suspension or termination shall not affect any rights, obligations, or liabilities that have been accrued prior to the date of suspension or termination.
  6. Variation and Amendment  
    6.1 TNGD may, at its absolute discretion, amend these Terms or any part thereof from time to time by giving you twenty-one (21) days prior notice of such changes, additions or deletions.
    6.2 Your continued use of the Device activation services following any such amendment shall constitute acceptance of the amended Terms. It is your responsibility to review these Terms periodically for any changes.
  7. General Provisions
    7.1 Entire Agreement: These Terms constitute the entire agreement between you and TNGD relating to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions.
    7.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provisions shall be severed, and the remaining provisions shall continue in full force and effect.
    7.3 Waiver: No failure or delay by TNGD in exercising any right or remedy shall constitute a waiver thereof, nor shall any single or partial exercise preclude any further exercise of such right or remedy.
    7.4 Assignment: You shall not assign, transfer, or delegate any of its rights or obligations under these Terms and Conditions without the prior written consent of TNGD.
    7.5 Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Malaysia and is subject to the exclusive jurisdiction of the courts of Malaysia.