Soundbox Daily and Monthly Plan Terms & Conditions

These soundbox daily and monthly plan terms and conditions (“Terms and Conditions”) govern the purchase and use of the Soundbox offered by TNG Digital Sdn. Bhd. (“TNGD”) to its authorized Merchants. By purchasing the Soundbox, You agree to comply with and be bound by These Terms and Conditions.

1.         Types of Plan and Commitment Period

1.1.         TNGD offers two (2) types of Soundbox plans to its authorized Merchants, namely:

(a)   the Daily Plan; and

(b)   the Monthly Plan.

1.2.         Each plan is subject to its own commitment period, pricing structure, renewal terms and applicable conditions, as further set out in these Terms and Conditions and in Appendix 1.

2.         Daily Plan

2.1.         Minimum Commitment: The minimum commitment period for all the Soundbox Bundle(s) under the Daily Plan shall be for two hundred nineteen (219) days, commencing fifteen (15) days from the date of purchase, upon successful checkout and payment by the Merchant through the Merchant Dashboard.

Fees/Prices

2.2.         For each Soundbox purchased under the Daily Plan, You will be charged:

(a)   a device cost;

(b)   a daily Operational Contribution, payable for 219 consecutive days; and

(c)   an Operational Contribution Renewal from the 220^th day onwards.

For the avoidance of doubt, the Device Cost shall be charged by TNGD as a fee for each of Your Soundbox Purchase depending on Your selected Soundbox Bundle.

2.3.         All costs and fees shall be debited automatically via Auto Debit from Your registered Touch ‘n Go eWallet account.

2.4.         All costs and fees exclude applicable taxes and are listed in Appendix 1, which may be varied by TNGD from time to time.

2.5.         Termination: Termination of the Soundbox Bundle under the Daily Plan shall be done by calling TNGD Merchant helpdesk / fill up Merchant request webform at https://support.tngdigital.com.my/hc/en-my/requests/new?ticket_form_id=360001558914. The termination is permitted only after 90 days from Your purchase date and shall take effect on the next twelve (12) days after early termination fee has been paid by You.

2.6.         Early Termination Fee: Notwithstanding anything to the foregoing, TNGD reserves its right to impose an early termination charge(s) in the event that You decide to terminate Your Soundbox Bundle(s) under the Daily Plan within the minimum commitment period. For the avoidance of doubt, You will be responsible to pay the early termination charges in addition to all the payment(s) owing to TNGD up to the termination date. The early termination charges shall be calculated based on the following formula: Outstanding Payment (if any) + RM100 of Termination Fee.

3.         Monthly Plan

3.1.         Minimum Commitment: The minimum commitment period for all the Soundbox Bundle(s) under the Monthly Plan shall be for twenty-four (24) calendar month, commencing from the date of purchase, upon successful checkout and payment by the Merchant through the Merchant Dashboard.

Fees/Prices

3.2.         For each Soundbox purchased under the Monthly Plan, You will be charged:

(a)   A one-time upfront cost;

(b)   A monthly Operational Contribution, payable on a recurring monthly basis for 24 months until terminated; and

(c)   An Operational Contribution Renewal (from the 25^th month onwards).

For the avoidance of doubt, the Upfront Cost shall be charged by TNGD as an activation fee for each of Your Soundbox Purchase depending on Your selected Soundbox Bundle.

3.3.         All costs and fees shall be debited automatically via Auto Debit from Your registered Touch ‘n Go eWallet account.

3.4.         All costs and fees exclude applicable taxes and are listed in Appendix 1, which may be varied by TNGD from time to time.

3.5.         Termination: Termination of the Soundbox under the Monthly Plan shall be done by calling TNGD Merchant helpdesk / fill up Merchant request webform at https://support.tngdigital.com.my/hc/en-my/requests/new?ticket_form_id=360001558914. The termination shall take effect on the next calendar day, upon the last day of the current subscription period.

3.6.         Early Termination Fee: Notwithstanding anything to the foregoing, TNGD reserves its right to impose an early termination charge(s) in the event that You decide to terminate Your Soundbox Bundle(s) within the minimum commitment period which shall be the first twenty-four (24) months. For the avoidance of doubt, You will be responsible to pay the early termination charges in addition to all the payment(s) owing to TNGD up to the termination date. The early termination charges shall be calculated based on the following formula: [Remaining period of service (months) X an Operational Contribution Renewal of RM6] + Outstanding Payment (if any) + RM25 of administration fee.

4.     General

4.1.  Auto Renewal of Operational Contribution: The Operational Contribution Renewal shall be automatically renewed on day 220 for the Daily Plan and on the 25^th month for the Monthly Plan, unless terminated earlier by TNGD or the Merchant. The Merchant will be notified of the status of the payment upon renewal.

4.2.  Actions by TNGD: TNGD reserves the rights to refuse, restrict, suspend and/or terminate Your Soundbox Purchase at any time, for a period of time which TNGD deems fit, for certain reasons, including but not limited to, the following: (i) suspected or found to have committed fraudulent, illegal or involves any criminal activity; (ii) reported missing or stolen Soundbox/Subscription/Merchandise(s); and/or (iii) failure to make payment of any Fee(s)/Price(s) within fourteen (14) days from the bill statement due date.

4.3.  Delivery of Item(s): Any purchased Item(s) by the Merchant(s) shall be delivered to the said Merchant(s) within fourteen (14) working days (not including the payment date) from the date of payment made by the Merchant for West and Peninsular Malaysia orders. TNGD will not be responsible for loss of item(s) during the delivery process, caused by inaccuracy of details provided by such Merchant during the check-out point of the confirmation of purchase process. TNGD shall not be liable for any loss or damage due to delay in or non-delivery of the ordered Items.

4.4.  Damaged Item(s) Received: If the purchased Item(s) is/are significantly damaged during the delivery process or damaged due to manufacturing error, and is within forty-eight (48) hours from the date of the damaged item(s) received, the said damaged Item(s) shall be replaced with a one-to-one replacement. Hence, such Merchant shall be qualified for a complimentary Item replacement given that you are able to provide proof of damage. Upon investigation by TNGD and subject to validity of the purchased item(s), a replacement of the damaged item(s) will be dispatched to you to the same address, at zero cost.

4.5.  Wrong/Incorrect Purchased Item(s) Received: If you have received any wrong/incorrect item(s) due to TNGD’s error, and is within forty-eight (48) hours from the date of such wrong/incorrect item(s) is/are received, provide a written complaint to our merchant support team informing the same. You will be required to provide the relevant information requested by TNGD, including, but not limited to, the proof of wrong/incorrect item(s) received and the correct purchased/order number. Upon approval of the said process by TNGD, you will be required to print the necessary invoice provided by TNGD and to paste the said printed invoice on the parcel of the wrong/incorrect Items received for the purposes of the re-collection/courier pick up by TNGD’s authorized courier. The replacement of the correct item(s) will be dispatched to you to the same address, at zero cost.

4.6.  Purchased Item(s) Lost in Transit: If the item is lost during transit, we will make the necessary arrangements so that a replacement is despatched. If you require further assistance, please fill up the form at https://support.tngdigital.com.my/hc/en-my/requests/new?ticket_form_id=360001558914. Our merchant support team will contact you within three (3) working days.

4.7.  Refund: Any Item(s) sold are non-refundable and not exchangeable. The order of item(s) may not be cancelled once it has/have been made.

4.8.  Cancellation: TNGD reserves the right to reject or cancel any of the orders of any Item(s) at its sole discretion.

4.9.  Amendment: TNGD has the right to amend or change the Fees/Prices at any time during minimum commitment period.

4.10.   Limitation of Liability: TNGD shall not be liable to anyone for any incidental, special, consequential or any other losses or damages of any kind as caused by any Merchant(s).

4.11.   Usage of Item(s) Purchased: The Merchant shall ensure that the Item(s) are not tampered with, damaged, modified or changed in any way whatsoever. The Merchant undertakes not to share the Soundbox with any other businesses without the prior consent of TNGD in writing. TNGD shall not be liable in anyway whatsoever for any losses or damages that may arise or suffered by the user due to the failure of the Merchant to comply with the terms of this clause. Notwithstanding anything to the foregoing, the Merchant further undertakes to duly and diligently comply with any and all guideline(s), training(s), information material(s), manual(s) and any other similar documents as may be issued from time to time by TNGD.

4.12.   Unauthorised and/or Fraudulent Transaction(s): In no event shall TNGD be liable or responsible for any unauthorised or fraudulent transactions made by the user, its customer(s) and/or any third party (unless the same shall be due to a fault in the TNGD Mobile Payment Service). The Merchant shall be solely responsible and shall indemnify and/or reimburse its customers and/or any third party for any refunds required thereto (if applicable and whenever necessary). Any dispute transaction derived as a result from the usage of the Touch ‘n Go eWallet’s QR Code and/or the QR Code Standee provided by TNGD shall at all times be between the user and its customers and/or any third party. For the avoidance of doubt, in no event shall TNGD be a party in any resulting dispute over any aspect thereof, including, but not limited to, issues relating to merchantability, fitness for use, quality, quantity, or delivery.

4.13.   Intellectual Property: The Merchant acknowledges and agrees that notwithstanding the provision of the Merchant Dashboard Purchase, TNGD does not grant any license or authorisation to the Merchant to use TNGD’s intellectual property in any way whatsoever except to display the untampered, unmodified or unchanged POSM(s) as instructed by TNGD.

4.14.   Warranty: Unless expressly stated in these Merchant Dashboard Purchase Terms and Conditions, all item(s) purchased from and/or provided by TNGD shall be taken on an “as is” basis and without any warranty or condition, implied or statutory. TNGD specifically disclaim any implied warranties and conditions of merchantability and fitness for a particular purpose. 

4.15.   No resale of Purchased Item(s): You acknowledge and agree that you are buying the POSMs and/or Merchandise(s) offered by TNGD for your own business use under the capacity of a Merchant to TNGD, and that you will not resell or permit another to resell the said purchased item(s) to any third party.

4.16.   Force Majeure: TNGD shall not be liable for non-performance, interruption or delay in the performance of its obligations under these Merchant Dashboard Purchase Terms & Conditions if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond TNGD’s reasonable control.

4.17.   Variation: TNGD reserves the right to amend these Terms and Conditions at its sole discretion from time to time as it deems fit without prior notice.

4.18.   Governing Law: These Merchant Dashboard Purchase Terms and Conditions shall be governed by the laws of Malaysia.

5.     Definitions:

“Auto Debit” means the automatic direct debit payment service carried out by TNGD for the purposes of the payment of fees in relation to the Operational Contribution by the Merchant(s), whereby the Your periodic official bill statement shall be automatically debited into Your registered Touch ‘n Go eWallet account;

“Daily Plan” means the Soundbox purchase plan offered by TNGD to its Merchants, under which the Merchant pays a daily Operational Contribution for a minimum commitment period of two hundred nineteen (219) days, subject to the terms herein;

“Items” shall be referred to as the products offered by TNGD to its Merchant(s) which shall be the Merchandise(s) and/or Soundbox(es) (as defined herein);

“Merchandise(s)” means the product(s) offered by TNGD to its Merchant(s), customers or user(s) of TNGD that can be purchased from the Merchant Dashboard by the authorised Merchant(s) of TNGD for the purposes of Merchant(s) business usage(s);

“Merchant(s)” means the merchant as named and more particularly described in the Merchant Registration Form/Page and/or in the Merchant Dashboard in the Touch ‘n Go eWallet and/or as saved and registered in TNGD’s system;

“Merchant Dashboard” means the dual feature in the TNG eWallet which allows Merchants to, among others, track sale transactions and history records, further allow selected staff(s) of TNGD to access such information, make Soundbox Purchase and other purchases of Merchandise(s) as offered by TNGD;

“Monthly Plan” means the Soundbox purchase plan offered by TNGD to its authorized Merchants, under which the Merchant pays a monthly Operational Contribution for a minimum commitment period of twenty-four (24) calendar months, subject to the terms herein;

“Soundbox(es)” shall be referred to one of products offered by TNGD to its Merchant(s), for the purposes of the Merchant(s) business usage(s) which shall include, but not limited to, the collection of payments, monitoring of real time transactions, updating the Merchant(s) details, and others. For the avoidance of doubt, each Soundbox shall be made up of Quick Response (QR) Code and/or the QR Code standee;

“Soundbox Purchase” means the feature in the Merchant Dashboard of Touch ‘n Go eWallet app that allows the Merchant(s) of TNGD to purchase the Soundbox offered by TNGD, for the sole purposes of their business usage(s);

“Operational Contribution” means the payment provided by the Merchant(s) to TNGD, in relation to a particular product, or content on a regular basis/for a specified period, as offered and determined by TNGD from time to time;

“Soundbox Bundle(s)” means the details of Soundbox package(s) or plan(s) pertaining to the Soundbox Purchase as offered by TNGD to its Merchant(s), wherein the Merchant(s) may choose to purchase Soundbox;

“TNGD” means TNG Digital Sdn Bhd.; and

“You” or “Your” shall be referred to the authorised Merchant(s) of TNGD.

APPENDIX 1

1.     Fees/Prices for Daily Plan

Plans	Soundbox Set with Sim Card	Soundbox Set without Sim Card	Soundbox Pocket with Sim Card
Device Cost	RM 1.00	RM 0.80	RM 0.60
Daily Operational Contribution (charged daily for 219 days)	RM 1.00	RM 0.80	RM 0.60
Operational Contribution Renewal*/ Sim Card (charged monthly after 219 days)	RM 14.00 (Operational Contribution Renewal RM6 + Sim Card RM8)	RM6.00	RM 14.00 (Operational Contribution Renewal RM6 + Sim Card RM8)

2.     Fees/Prices for Monthly Plan

Plans	(A)  Soundbox Set with Sim Card	(B)  Soundbox Set without Sim Card
Upfront Cost	RM 68.00	RM 60.00
Monthly Operational Contribution (charged monthly for 24 months)	RM 18.00	RM 10.00
Operational Contribution Renewal/ sim card (charged monthly after 24 months)	RM 14.00 (Operational Contribution Renewal RM6 + Sim Card RM8)	RM 6.00