These terms and conditions (“Terms and Conditions”) govern your participation as a beta tester (“you”, “your”) for TNG Digital Sdn Bhd (Company No. 1256651-M), a company incorporated in Malaysia and having its place of business at Level 5, Tower 6, Avenue 5, Bangsar South, No.8, Jalan Kerinchi, 59200 Kuala Lumpur (hereinafter referred to as “TNGD”) in connection with the testing and/or survey in relation to any new and/or existing features of the Touch ‘n Go eWallet application (hereinafter referred to as “the Purpose”) for as long as you remain a beta tester for TNGD and/or its affiliates. You acknowledge that you have read and fully understood these Terms and Conditions prior to your participation as a beta tester. Your participation as a beta tester constitutes your unconditional acceptance of these Terms and Conditions as may be amended by TNGD from time to time and TNGD agrees to accept your participation as a beta tester in reliance of the Terms and Conditions herein.
You hereby agree and undertake the following
You shall use best efforts to comply with any instructions and directions by TNGD in relation to the Purpose;
You undertake and agree to participate in the Purpose and use the features as intended and you shall act in good faith in relation to carrying out the Purpose;
To keep strictly confidential all information that may be communicated to you by TNGD, be that verbally, in written or any other form (hereinafter referred as the “Confidential Information”);
Not to use any Confidential Information provided by TNGD in any other way other than for the Purpose;
Not to reverse engineer, decompile or dissemble any material disclosed to you;
Not to keep any copies or summaries of the Confidential Information provided, in any form, and to return all such documents to TNGD at the completion of the Purpose;
To notify TNGD immediately upon discovery of any unauthorised use or disclosure of the Confidential Information or any other breach of these
Terms and Conditions to TNGD and to cooperate with TNGD in every way to help TNGD regain possession of the Confidential Information and prevent its further unauthorised use;
All Confidential Information are and shall remain TNGD’s property and that, by disclosing Confidential Information to you, TNGD does not grant any express or implied rights to you except those rights necessary to complete the Purpose;
To immediately return all originals, copies, reproduction and summaries of the Confidential Information in your possession, custody or control at
TNGD’s request or at TNGD’s option, certify destruction of the same; and
TNGD’s failure to exercise or delay in exercising a right or remedy provided by this Terms and Conditions or by law does not constitute a waiver of such right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by these Terms and
Conditions or by law prevents further exercise by TNGD of such right or remedy or the exercise of any other right or remedy.
You further acknowledge that pursuant to your participation in the Purpose, TNGD may collect, process, and/or store your personal information, which shall be done in accordance with the TNGD Group Privacy Notice which can sssssbe found on TNGD’s website. You agree that by participating in the Purpose, you consent for your personal information to be used and/or disclosed in accordance with the TNGD Group Privacy Notice.
You undertake that you have hereby waived all rights and ownership to any information, ideas, concepts, know-how, techniques, opinions and/or feedback (hereinafter referred to as “Information”) provided to TNGD in relation to the Purpose and it shall be deemed as the property of TNGD whereupon TNGD shall be free to use the Information for any purpose as TNGD may deem fit.
You undertake and consent to the use (full or in part) of any materials, including but not limited to, photograph(s), images(s), voice or video recording(s) (“Materials”) taken of you by TNGD for the Purpose and further grant TNGD and all other persons acting with its permission, the right to use and reuse for any purpose and/or manner as determined in TNGD’s sole discretion.
These Terms and Conditions shall be governed by and construed in accordance with and be subject to the laws of Malaysia. Any claims or disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Malaysian courts.
You agree to further indemnify and keep TNGD fully and effectively indemnified against each and every claim, loss, liability and cost (including, but not limited to, legal cost) which TNGD incurs as a result of any breach of these Terms and Conditions by you or any other third party to whom you have disclosed any Confidential Information.
Notwithstanding the termination of this Terms and Conditions or you ceasing to be a beta tester, your undertaking and obligations under these Terms and Conditions shall survive such termination or expiry and shall continue for two (2) years from the termination or expiry.
You may elect to cease your participation as a beta tester at any time by giving TNGD a twenty-one (21) day notice by sending an email to user.research@tngdigital.com.my. For the avoidance of doubt, the notice period shall begin upon acknowledgement of receipt by TNGD. Upon the termination thereto, you shall cease all participation as a beta tester and shall not mislead TNGD in any way or form that you are still a beta tester or a participant.
All notices under these Terms and Conditions are deemed served on you immediately after it is posted on TNGD’s website or any other online or other medium, which TNGD may introduce from time to time.
TNGD reserves the right at its absolute discretion to vary, add to, delete, alter or otherwise amend any or all these Terms and Conditions or any part thereof by giving you twenty-one (21) days prior notice of such changes, additions or deletions. Your continued participation after such variation, addition, deletion, alteration or amendments to these Terms and Conditions shall constitute your agreement to be bound by them.
In accepting these Terms and Conditions, you acknowledge and represent that: (a) you have read the foregoing Terms and Conditions, understand it and sign it voluntarily as your own free act and deed; (b) no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; (c) you are at least eighteen (18) years of age and fully competent; and (d) you accept these Terms and Conditions for full, sufficient, and/or complete consideration fully intending to be bound by same.