Terms of Access for Merchant Portal

Terms & Conditions

Terms of Access for Merchant Portal

PLEASE READ AND UNDERSTAND THE FOLLOWING TERMS OF ACCESS WHICH GOVERN YOUR ACCESS OF THE PORTAL (HEREINAFTER COLLECTIVELY REFERRED TO AS ‘THIS PORTAL‘) AND USE OF THE SERVICES AS PROVIDED THEREIN (HEREINAFTER ALSO REFERRED TO AS THE ‘SERVICES HEREIN‘). BY ACCESSING THIS PORTAL AND/OR USING THE SERVICES HEREIN, YOU AGREE TO BE BOUND BY THESE TERMS OF ACCESS, WHICH MAY BE UPDATED BY TNG DIGITAL SDN BHD (COMPANY REGISTRATION NO: 1256651-M) FROM TIME TO TIME WITHOUT NOTICE TO YOU. IF AT ANY TIME YOU DO NOT ACCEPT ANY OR ALL OF THESE TERMS OF ACCESS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS OF THIS PORTAL AND/OR USE OF THE SERVICES HEREIN.

1 DEFINITIONS.

1.1. “Account” means your Account to manage TNGD product and services as may be accessed through the Merchant Portal as may be determined by TNGD from time to time.

1.2. “Merchant Portal” means the Internet Services offered by TNGD, the services of which may be accessed by you via the Internet in accordance with the Terms of Access.

1.3. “Password” means the character, alphanumeric personal password that you select or given to you by TNGD to access the Merchant Portal and subsequently for each time you log on to the Merchant Portal, in order to allow TNGD’s Internet system to associate with your Merchant Portal Username for verification and authentication purposes prior to grant your access to the Merchant Portal.

1.4. “Merchant Portal Username” means a unique name selected by you during your first time registration to the Merchant Portal or given to you by TNGD, which must be keyed in by you every time you log on to the Merchant Portal.

1.5. This Terms of Access is to be read in conjunction with the Merchant Agreement and any other similar agreement entered into between you and TNGD (“Merchant Agreement”) and any instructional material or User Guide(s) provided by TNGD to you as well as any other terms, conditions and provisions TNGD may prescribe

from time to time. Should there be any conflict between this Terms of Access and any other agreement you may have with TNGD or any of its, affiliates and/or business partners, this Terms of Access shall prevail to the extent that it relates to your use of the Merchant Portal.

2.MERCHANT PORTAL

2.1. The portal may be used for the following:

a. to view profile;

b. change password;

c. create offer for approval;

d. list offer(voucher campaign);

e. list uploaded Vouchers; and

f. daily reports list.

2.2. TNGD reserves the right to deny or limit your ability to access the Merchant Portal with TNGD’s sole and absolute discretion due to any reason whatsoever.

2.3. You agree and acknowledge that TNGD has the right to invalidate your Merchant Portal Username and your Password in the event of misuse or breach of the Terms of Access. Furthermore, you agree and acknowledge that you shall not hold TNGD liable for any losses.

2.4. You further agree and acknowledge that any misuse or breach of the Terms of Access herein may be deemed as a breach of the Merchant Agreement and may result in termination of the Merchant Agreement.3

3.GENERAL

3.1. This Portal and the services herein are operated, administered, maintained and developed by TNGDIGITAL SDN BHD (1256651-M) (“TNGD”, “We”, “us” or “our”, as the case may be) and its third party vendors. Your access of this Portal and use of the services herein are governed by this Terms of Access including any amendments made thereto and any other additional operating policies which we, at our sole discretion, may impose from time to time (“Terms of Access”).

3.2. Further thereto, we also reserve the sole right and discretion to make any amendments to this Terms of Access from time to time.

3.3. We shall notify you of such amendments by notice, among others, displayed on this Portal at least twenty-one (21) days before the said amendments come into effect and after which, your continued access of this Portal and/or use of the services herein subsequent to any such amendments made shall constitute your agreement and binding acceptance of the same.

4. YOUR CONDUCT

4.1. You agree that your access of this Portal and use of the services herein shall at all times be in accordance within the ambit of Personal Data Protection Act 2010.

4.2. You shall not, at any time whatsoever, attempt or assist any other person to transmit any materials, data, communication and/or information, through this Portal or services herein, which is abusive, defamatory, infringes another person’s rights, constitutes a criminal offence or gives rise to civil liability, encourages racism, promotes hatred, contains pornography, contains any viruses or deleterious files and/or is otherwise objectionable to public morals and decency.

4.3. You also agree not to hack or attempt to gain unauthorised access into this Portal and the services herein, disrupt the security of its resources, provide information, which is inaccurate or false, and/or otherwise abuse and misuse this Portal and the services herein. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify us immediately.

4.4. We are not obliged to monitor or review your access of this Portal or use of the services herein. However, we may do so from time to time for our own purposes or where we are compelled to do so under this Terms of Access.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. You hereby agree that the content including any graphic, text, script, music, sound, photograph, image, art, video and other multimedia work or any combination thereof which is available on our Portal and services is at all times protected by copyright, trademarks, service marks, patents and any other applicable intellectual property or proprietary rights, all of which are at all times owned exclusively by us or the relevant third party vendor or other third parties, where applicable.

5.2. Further thereto, you shall not insert a hyperlink on this Portal or the services herein or frame the same or any portion thereof on any other Portal(s).

5.3. All rights in this Portal, the services herein and the content which are not expressly grants you under this Terms of Access or otherwise, are at all times expressly reserved by us or the relevant third party vendor or any other parties, where applicable.

6.DISCLOSURE OF INFORMATION

6.1. TNGD shall maintain your personal details provided in the Merchant Portal as private and confidential unless such information is necessary to be disclosed if required so for the purpose of provisions of services to you. TNGD shall not disclose your information to any third parties for purposes other than for the purpose of providing services to you unless you expressly consent to it.

6.2. Notwithstanding the clause above, TNGD may use and/or disclose the information to: –

i. regulatory bodies or other authorities in compliance with requirements under law or towards the detection or prevention of crime and/or fraud;

ii. any party involved in or related to a legal proceeding for purposes in connection with the Services; and

iii. in order to comply with any legal obligations to which TNGD is subject to.

6.3. You acknowledge that you are aware and give your consent to TNGD that the information collected by

TNGD from you (“Personal Data”) will be used and/or disclosed in accordance to TNGSB’s Privacy Notice as posted on TNGSB’s website at www.touchngo.com.my and the Personal Data Protection Act 2010.

7. DISCLAIMER

7.1. All content which is available on this Portal and the services herein are provided on an “as is” and “as available” basis and are strictly meant for your reference and information only, and shall not, at any time whatsoever, be assumed or deemed to be intended for any business or commercial purposes unless expressly provided.

7.2. We also do not warrant that this Portal, the services herein and the content will meet your requirements.

7.3. You are solely responsible for making your own assessment when accessing and using this Portal, the services herein and the content and you agree that your access and use thereof shall be at all times at your sole risk.

7.4. Notwithstanding the generality of this Terms of Access, we shall not, at any time whatsoever, be liable to you or any other person for any damage or loss suffered (including all direct, indirect, special or consequential damages, economic loss, loss of profits or loss of opportunity) arising from any interruption of this Portal.

7.5. The services herein and/or the content and/or your access to and use of the same for whatever reason other than a failure in the system where such failure is due to our direct actions, negligence or omission, or where we have been duly informed of its possibility; or from any delay or error in any transmission or communication pertaining to your access and use of this Portal.

8. INDEMNITY

8.1. You hereby agree to fully indemnify, defend and hold us, our officers, directors, employees, agents and servants harmless against all damages, losses, expenses and costs (including legal costs and disbursements)which we may have suffered or incurred, whether directly or indirectly, in connection with or as a result of your breach of any of the provisions under this Terms of Access.

9.GOVERNING LAW & JURISDICTION

9.1. Notwithstanding from where you gain or attempt to gain access to this Portal and/or the services herein, you agree that this Terms of Access, your performance and conduct under it, your access to this Portal and use of the services herein, content and any disputes arising thereunder shall, at all times, be governed by and construed in accordance with the laws of Malaysia. Further, you agree to submit and be bound by the exclusive jurisdiction of the Courts of Malaysia any dispute resolution process as set out in the Merchant Agreement.

10.LANGUAGE

10.1. In the event the Terms of Access are available in Bahasa Malaysia, the English version shall prevail in the event of any inconsistency between both versions.

11. ACCEPTANCE OF TERMS OF ACCESS

11.1. You acknowledge that you shall be deemed to have read, understood, and agreed to be bound and abide by the Terms of Access and you further acknowledge and accept all inherent risks associated in conducting any transactions over the Internet or such other electronic medium approved by TNGD.

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]