Welcome to the "AAATap" website
and app, provided by AAATap Sdn. Bhd. (referred to as "we," "us," or "our"). By
accessing or using our app, you agree to abide by these Terms & Conditions.
This
consumer terms and conditions (“Consumer Terms”) is applicable and binding upon you
when you access our platform and/or when you use our service. In addition to this
consumer terms, additional terms and conditions may apply, depending how you access
our platform and/or use our service.
Our Service is provided to you on an “as
is” basis without any warranty of any kind and our liability to you in connection
with your use of our Service is very limited. It is, therefore, important that you
read the Consumer Terms carefully before accessing our Platform and/or using our
Service. By actually accessing our Platform and/or using our Service, you understand
and agree that we will treat that you are agreeing to be bound by the Consumer Terms
in its entirety from that point onwards.
If at any time you do not accept any
or all of the consumer terms in its entirety, you must immediately discontinue the
use of the platform and/or use of our service.
1.1 The "AAATap" app provides
free information about tourist attractions, shopping areas, dining places, and event
calendars. Additionally, the platform allows tourism players and merchants to
advertise promotions.
1.2 Future services may include in-app e-wallet,
eRemittance, insurance, eHailing, eDelivery, eTicketing, Transportation, and express
check-in/out for hotels & theme parks.
1.3 The provision of the
Service and availability of the Platform is subject to the Appropriate Authority and
Law, and nothing contained in the Consumer Terms are in derogation of our rights and
obligations to comply with such Appropriate Authority and Law.
2.1 We can change any terms and
conditions of the Consumer Terms and other terms and conditions found within AAATap
Website and AAATap App at any time, without notice. As such, you should look at the
terms and conditions relevant to you regularly. When changes are made, it will be
effective immediately upon posting on AAATap Website and AAATap App. You understand
and agree that if you continue to access and/or use the Platform, and/or maintain an
Account with us (whether or not you are using it) after the date on which such terms
have changed, we shall treat you have accepted those changes in its
entirety.
2.2 We are also constantly evolving in order to provide the best
possible experience and information to our users. As such, you acknowledge and agree
that the form and nature of our Services may change from time to time without any
prior notice to you. As part of this continuing process, we may stop (permanently or
temporarily) providing any of the Service (or any features within the Service) to
you without any prior notice. We shall not be liable for such change or
discontinuance.
3.1 Unless the language in such document unequivocally and expressly allowed in the Consumer Terms, you cannot make any changes without first obtaining our written consent.
4.1
Definitions.
Unless the context otherwise requires, the following words
and expressions shall have the following meanings: -
“Account” means
the account you registered with us for the access and/or use of the Service.
“Affiliate”
means a person or an organisation controlling us, controlled by us, or under the
common control of a person or an organisation controlling
us.
"Control" means the ownership of the equity shares carrying
fifty percent (50%) or more of the votes exercisable at a general meeting (or its
equivalent).
“Appropriate Authority” means:
(i) the
federal government of Malaysia,
(ii) any state government, or local government,
(iii) any agency, authority or instrumentality of any of the foregoing,
including any court, tribunal, department, bureau, commission or board, or
(iv)
the relevant authority in a foreign country, if applicable.
“Auto
Top-Up” means the feature we make available (if applicable) which
automatically Top-Up the stored e-Money in your e-Wallet with Auto Top-Up Value when
the e-Wallet falls to the Preset Threshold.
“Auto Top-Up Value”
means the fixed monetary value set by you that will be added to your e-Wallet when
the e-Wallet falls to the Preset Threshold.
“Available Balance”
means the actual amount of stored e-Money available at any time for usage in your
e-Wallet, subject to the e-Wallet Limit.
“Claim” means any suit,
claim, action, proceeding or investigation.
“Content” means the
content managed and/or provided by us and/or its content provider which includes
without limitation all forms of text, graphics video, audio, files, data, images,
photographs, pictures, logos, video clips, video streaming, news, live feeds and
information on demand content.
“Contest” means giveaway events or
contest organised by us, our Affiliate, and/or our partner.
“Consequential
Loss” means expenses incurred, loss of revenue, loss of profits, loss of
anticipated savings or business, pure economic loss, loss of data, loss of goodwill,
loss of use of our Service, loss of opportunity or expectation loss, and any forms
of special, indirect, punitive or exemplary loss or damages, and any penalties or
fines imposed by the Appropriate Authority, (even if such loss arises directly,
naturally or in the usual course of things from any breach, action or inaction in
question).
“Credit Rating” means information about your credit
worthiness, credit standing, credit history or credit capacity.
“Credit
Reporting Agency” means a person who carries on a credit reporting business
and is registered under the Credit Reporting Agencies Act 2010.
“Customer
Service Support” means [email protected]
“e-KYC”
means information requested by us to satisfy Know Your Customer (KYC) requirements
and to allow assessment of your application and on-going suitability to receive
Service from us.
“e-Money” means the electronic money associated
with your Account and stored in the e-Wallet, as a designated payment instrument
under the provisions of the Financial Services Act 2013.
“e-Wallet”
or “e-Wallet Service” means our digital wallet payment service that allows
you to keep e- Money and make any Transaction with a Merchant through AAATap
App.
“e-Wallet Limit” means the maximum amount of e-Money that can
be stored in your e-Wallet, as may be approved by us from time to time.
“Indemnified
Party” means, us, our directors, officers, shareholders, employees and/or
Affiliate.
“AAATap Website or AAATap Website” or “we” or
“us” or “ours” means AAATap Sdn Bhd. (1417515-P) with its
registered address at Lot 3A-01A, Level 3A, Unit No.35, WORQ Glo Damansara, 699,
Jalan Damansara, Taman Tun Dr. Ismail, 60000, Kuala Lumpur, Malaysia.
“AAATap
App - Consumer Dispute Resolution Process Schedule” means our complaint
handling process for resolving dispute between you and us about your Account, made
available on AAATap Website, as amended or updated from time to time.
“AAATap
App” means the mobile application currently made available by us in a
digital distribution service which allow user to download, register, access use the
Service, including managing user’s Account.
“AAATap Website” means
the website owned and/or managed by us (as amended from time to time) currently
accessible at www.windowmalaysia.my, excluding any external website to which
the website points by way of hyperlink or otherwise.
“Law”
means Financial Services Act 2013, Bank Negara Malaysia Foreign Exchange
Administration Rules, Unclaimed Moneys Act 1965, Anti- Money Laundering and
Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities
2001, PDPA, and any law (whether domestic or international), statute, code, rule,
guidelines, notices, ordinance, regulation, directive, order, judgment, writ,
injunction or decree, and includes any changes in the application or interpretation
thereof.
“Losses” means any and all costs, judgments, fees, fines,
damages, disbursements, penalties, liabilities, assessments, awards, direct losses,
including, out of pocket costs or expenses (including interest, penalty,
investigation, legal fees on a solicitor and client basis, accounting or other
professional fees, and other costs or expenses reasonably incurred in the
investigation, collection, prosecution and defence of any action and amounts paid in
settlement) incurred in connection therewith.
“Merchant” means
vendor, retailer, operator, or any other person, firm or corporation who sell goods
and/or services to you in exchange for e-Money by means of AAATap App.
“Merchant-Consumer
Dispute Process Schedule” means the process of resolving any dispute
between you and a Merchant, made available on AAATap Website, as amended or updated
from time to time.
“Personnel” means our employees, agents,
contractors, subcontractors, and/or other representatives.
“Personal
Data” shall have the same meaning as in the PDPA.
“PDPA”
means Personal Data Protection Act 2010 and includes its subsidiary legislations,
standards and codes of practice.
“Platform” collectively means
AAATap Website, AAATap App, our Social Media, any of our mobile applications, and/or
any platforms (whether known now or in the future) made available by us from time to
time to provide you with Service or provide you with Content and information.
“post/posted” means to publish, display, submit and/or upload.
“Preset
Threshold” means the minimum value of e-Money set by you.
“Privacy
Policy” means a statement that discloses the ways we gather, use, disclose
and manage the Personal Data and how you can opt-out, change, update and access your
Personal Data.
“Promotion” means a special promotion made by us in
connection with the Service during the promotional period.
“Refund”
means reimbursement or reversal, whether in full or partial, to you of an earlier
Transaction between Merchant and you.
“Service” collectively means
any service provided by us to you including e- Wallet Service, Promotion, Contest,
and/or any other service, feature or functionality made available or withdrawn by us
from time to time.
“Social Media” means social media account
such as Facebook, Google, X (formerly known as Twitter), LinkedIn, Instagram, or any
other social media accounts.
“Top-Up” means any FPX online banking,
payment cards with debit or credit functions to make initial top-up and/or
subsequent top-ups to the e-Wallet and any other designated payment channels or
centres authorised by us for you to make initial top-up, and/or subsequent top-ups
to the e-Wallet from time to time.
“Transaction” or
“transact” or “transacted” means any transaction effected with a
Merchant.
“Consumer” or “user” or “you” or “yours”
means any natural or legal person who has agreed to the Consumer Terms on behalf of
herself/himself and is accessing and/or using the Service.
“User
Generated Content" means any uploaded material, data shared, or
contribution made such as text, links, photographs, graphics, video, audio, other
data or information posted by you on Social Media.
4.2
Interpretations. Unless there is something in the subject or context, the
following words are given the following interpretations:
(a) the
singular includes the plural and vice versa and references to any gender includes a
reference to all other genders;
(b) a reference to any law includes
references to such laws and regulations as they may be amended from time to time,
supplemented or re-enacted;
(c) this Consumer Terms shall be construed as a
reference to it or them as varied, supplemented or novated from time to time;
(d) titles and headings of the Consumer Terms are merely inserted for
convenience for reference only and cannot have any effect on the interpretation or
construction of the Consumer Terms; and
(e) just because we are responsible
for the preparation of the Consumer Terms, or any part of it, the rule of
construction shall not apply to our disadvantage.
5.1 When you provide us with your Personal Data, you agree that we may use it to supply you with the Service and for other purposes described in our Privacy Policy. Without your Personal Data, we may not be able to allow you access and/or use certain Service, or provide the level of service you expect. To learn about how we collect and protect your Personal Data, please refer to our Privacy Policy. Any non-personal information or material sent to us by you will generally NOT be treated as confidential.
6.1 We will contract with you
only if you are 18 years old and above. If you are below 18, please obtain your
parent or guardian’s permission before accessing and/or using our Service. All
Personal Data provided by a user and all transaction entered into with us shall be
deemed to have been submitted by a user above 18 or has obtained the relevant
permission from their parent or guardian.
6.2 When you make an application,
you are requesting us to supply the Service to you. We will perform a e-KYC before
approving your application. We have the absolute discretion to determine your
eligibility and shall have the right to reject your application and/or refuse the
provision of Service to you, at any time, without liability, even if we do not
provide you with reason. Our decision is conclusive and binding on you and you have
no right to question our decision.
6.3 In addition to the foregoing
paragraph, we may refuse your application if :
(a) you do not
provide satisfactory proof of identification,
(b) you do not meet the
eligibility criteria for the Service,
(c) the Service is not available at the
location where you wish to acquire the Service, or
(d) you do not have an
appropriate Credit Rating.
7.1 You agree that as part of the application process, we can check your Credit Rating through a Credit Reporting Agency. We can conduct further credit checks on you while you remain as a subscriber with us. You understand that a credit inquiry could adversely affect your Credit Rating. Subject to any legal requirements under the PDPA to disclose Personal Data to you, we do not have to disclose our credit criteria or the reasons for our decision to you (regardless whether or not it relates to declining your application, providing a restricted Service to you, or otherwise). If you are not satisfied with the information provided by the Credit Reporting Agency, you will need to contact them directly. You are aware and agree that we may report your payment record to any Credit-Reporting Agency at any time.
8.1 We may offer you a Promotion from time to time. The terms of each Promotion will either be set out in a specific term for the relevant Service, in advertising material, AAATap Website, AAATap App, our Social Media, or any other platform. If you participate the Promotion, the terms of the Promotion will prevail to the extent that the terms of the Promotion are inconsistent with the terms of this Consumer Terms, otherwise, the terms and conditions of this Consumer Terms shall continue to apply. After the Promotion expires, the Promotion will end and the full terms and conditions of the Consumer Terms will apply again.
9.1 Creation of
Account.
In order to use the Service, you are required you to register
an account with us.
9.2 Accuracy of your
information.
You must provide us with accurate and complete
information and keep that information accurate, complete and up-to-date. We may but
have no obligation, whether express or implied, to verify the accuracy and
authenticity of any information provided by you. Please take note that we have the
right to suspend, and/or forthwith terminate your use of the Service if the
information provided by you is untrue, inaccurate, not current or incomplete, or we
suspect that such information provided by you is untrue, inaccurate, not current or
incomplete.
9.3 Social Media
If we allow you to log-in
using your Social Media account, you permit us to access certain information from
your Social Media account. You may control the amount of information that is
accessible to us by adjusting your privacy settings of your Social Media account.
9.4
Security
You play an important role in safeguarding any transaction
made through your mobile device. We recommend you take the following steps. These
steps are not exhaustive:
(a) enable password on your mobile device;
(b) avoid using public WIFI networks;
(c) install applications from sources
you trust;
(d) keep your login credential secure and confidential;
(e)
create a unique password for Account; and (f) monitor your Account activity.
You
are responsible for all activities that occur under your Account. You must
immediately notify us of any unauthorised use of your Account, or breach of
security. We will not be liable for any loss of e-Money in your
e-Wallet.
9.5 Transaction and Available Balance
(a) Any
transaction and/or communication sent from your Account shall be deemed to have been
transacted and/or sent by you irrespective of whether such transaction and/or
communications were actually sent by you or not. You shall be personally liable and
responsible for the use of your Account including but not limited to all
transactions undertaken and/or transacted once the said transaction has been
authenticated irrespective of whether the transactions is undertaken and/or
transacted by you unless it can be established that such transaction and/or
communication was erroneously transacted due to our error.
(b) You
should frequently review your Account to check and verify your Available Balance
before using your e-Wallet. You must always ensure that there are sufficient funds
in your e-Wallet for each transaction and to cover the total amount transacted on
your e-Wallet, including purchases, recurring transactions, cash withdrawals, fees
and other charges. If the total amount in your e-Wallet is insufficient, your
transaction will be declined.
9.6 Top-Up, Deduction & Auto
Top-Up
(a) Top-Up can only be in Ringgit Malaysia and you can only
store e-Money in your e-Wallet up to the e-Wallet Limit only. Once the Account is
activated, have performed a Top-Up, you may start using your e-Wallet to make any
transaction with a Merchant. Each time you use the e-Wallet to perform a
transaction, you authorise us to deduct the e-Money from your
e-Wallet.
(b) If you subscribe to Auto Top-Up, you agree that we are
allowed to automatically reload onto your e-Wallet with the Auto Top-Up Value when
the stored e-Money value in your e-Wallet falls below the Preset Value.
(c)
We shall not be liable to you in the event of delay in crediting of such e-Money
into your e-Wallet where such delay is not attributable to our fault.
(d) All
Top-Ups and Auto Top-Up shall not be considered to have been made until all relevant
funds have been received and reflected in your e-Wallet.
(e) We reserve the
right to suspend, revoke and/or block any Top-Up and Auto Top-Up to your e-Wallet if
we discover or have been informed by any third parties including the Appropriate
Authority to be irregular, suspicious, illegal or unauthorised.
9.7
Withdrawal
In the event you terminate the Service, you are entitled
to withdraw the stored e-Money and such sum shall be credited to a bank account
nominated by you. You are not allowed to transfer the money to an account which does
not belong to you. Such request will be declined. We will process withdrawal within
30 days from the date of request and we will charge a withdrawal fee of RM2.00
per request.
9.8 Transfer of e-Money
You may
transfer e-Money from your e-Wallet to another recipient nominated by you. Please
refer to AAATap App or AAATap Website to find out more about this
feature.
9.9 Dormant Account
If you do not perform any
transaction, and/or access your Account for a period of two (2) years, we will
consider such Account to be dormant. We will exercise our rights to suspend and/or
terminate the Account. We will use our effort to contact you for the purpose of
refund. If we are unable to do so, we will lodge such e-Money with the Registrar of
Unclaimed Moneys.
9.10 Death
Subject to Clause 9.9, in
the event of death we will transfer such e-Money to your beneficiary or next- of-kin
provided that such request for transfer of e-Money is supported by a letter of
probate, letters of administration, and/or cogent documentary
evidence.
9.11 Other User
You are solely responsible for
use of your Account by other users.
10.1 Our Service may be subject to applicable taxes, levies, duties or similar governmental assessments of any nature, including, for example, service, sales, or withholding taxes, assessable by Malaysia tax authority (collectively, “taxes”) and, unless expressly noted, our fees are exclusive of applicable taxes.
11.1 In connection with
the use of the Service, Platform, or in the course of interaction with us, Merchant,
or third party, you must NOT: -
(a) breach this Consumer
Terms;
(b) violate the Law;
(c) infringe our and/or third party intellectual
property;
(d) act in a manner that is defamatory, trade libellous, threatening
or harassing;
(e) use, send or receive what we reasonably believe to be
potentially fraudulent funds;
(f) refuse to cooperate in an investigation or
provide confirmation of your identity or any information you provide to us;
(g)
facilitate any viruses, trojan horses, malware, worms or other computer programming
routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally
interfere with, surreptitiously intercept or expropriate, or gain unauthorised
access to any system, data, information or the Service;
(h) use any robot,
spider, other automatic device, or manual process to monitor or copy our Platform
without our prior written permission;
(i) interfere or disrupt or attempt to
interfere with or disrupt our Platform, any other software, systems (including any
networks and servers used to provide any of the Service);
(j) attempt to probe,
scan or test the vulnerability of any of our system or network or breach any
security or authentication measures; and/or
(k) circumvent any of our policy or
determinations about your Account such as temporary or indefinite suspensions or
other account holds, limitations or restrictions, including, but not limited to,
engaging in the following actions: attempting to create new or additional account
when your Account has been restricted, suspended or otherwise limited; opening new
or additional account using information that is not your own, or using someone
else’s account.
11.2 You MUST: -
(a) take all reasonable
steps to prevent fraudulent, improper or illegal use of the Service,
(b) be
responsible and liable for all usage of and all payment of the fees, charges, taxes
and duties for using the Service including but not limited to payment of all fee,
charges, taxes and duties any transaction made with a Merchant,
(c) be fully
responsible for any and all data posted from your mobile device whether by you or
any other person,
(d) lodge a report with us immediately upon the discovery of
any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts
in relation to your Account, mobile device and its use.
12.1 You should always ensure
that transaction amount is correct prior to making any payment. By paying, we shall
deem that all entries shown in the transaction history are true and accurate unless
you are able to prove that the transaction is erroneous.
12.2 We are not
responsible and we shall not be liable for any transaction you made with a Merchant.
All disputes with regard to a transaction should be addressed directly to the
Merchant from whom you have transacted with. Once you lodged a complaint with the
Merchant, we are committed to dealing with your complaints fairly and resolving
issues in accordance with the Merchant-Customer Dispute Process Schedule.
12.3
The e-Money will only be credited back to your e-Wallet once the dispute has been
properly processed, investigated and cleared by the Merchant in accordance with
Merchant-Customer Dispute Process Schedule.
13.1 For all disputes, whether
pursued in court or with the relevant regulatory body, you must first give us an
opportunity to resolve your claim by sending a written description of your claim
addressed to us in the manner set out in this Clause.
13.2 If e-Money is
wrongly deducted from your Account, you must give us a notice within sixty (60) days
from the date of the wrongful deduction specifying (a) the entry/amount in dispute,
(b) the reasons why such entry and/or amount is disputed.
13.3 You
irrevocably agree that in the event you fail to give us any notice in writing
disputing the entry found in your Account within sixty (60) days from the date of
the transaction date, then you are deem to have accepted the entry as correct and
accurate and such entry shall be binding and conclusive evidence against you of the
correctness and accuracy of the entry specified in the Account.
13.4 Upon
receipt of the written notice, we will use resolve the dispute in accordance with
AAATap-Consumer Dispute Resolution Process Schedule. We may, as and when we deem
fit, conduct any investigation regarding the disputed amount. The result of the
findings is deemed to be final and conclusive and binding on you and shall not be
questioned by you on any account.
13.5 If our finding shows the deduction or
error is caused by us, we will reverse any incorrect amount that have been applied
to e-Wallet in accordance with AAATap-Consumer Dispute Resolution Process
Schedule.
13.6 In the event your Account is suspended or terminated due to
breach of the Law, fraudulent, improper and/or illegal use of the Service, you shall
not be entitled to obtain any refund or withdraw your e-Money. We shall have the
right to retain the e-Money for an indefinite period and/or release it to the
Appropriate Authority in accordance with the Law. You shall have no claim against
us.
13.7 You agree that any cause of action arising out of or related to the
access and/or use of the Service or Platform must commence within six (6) months
after the cause of action arose; otherwise, such cause of action is permanently
barred.
13.8 If we are not able to resolve your dispute and you are not
satisfy with our attempt to resolve the dispute, you may refer your complaint to
Bank Negara Malaysia with details below:
Bank Negara Malaysia
website:
http://www.bnm.gov.my/
BNMTELELINK
Jabatan Komunikasi Korporat Bank Negara
Malaysia
P.O.Box 10922
50929 Kuala Lumpur
Tel: 1-300-88-5465 (LINK)
Fax:
03-2174 1515
E-mail: [email protected]
BNMLINK
and BNMTELELINK operating hours are from:
Monday - Friday, 9.00 a.m.
- 5.00 p.m.
14.1 The Service may contain
certain content, promotion, goods and/or services supplied by a Merchant. It may
also contain certain hyperlinks to other websites which are neither maintained nor
controlled by us (“Merchant’s Property”). Merchant’s Property is provided to you as
a matter of convenience only.
14.2 Any dealings with such Merchant are solely
between you and such Merchant. Before you transact with such Merchant, we encourage
you to read their terms and conditions carefully including their privacy policy. You
must ensure you comply strictly with the terms and conditions of the Merchant and
does not erode our rights in any circumstances. In addition to any of other rights,
you agree to indemnify, defend and hold us harmless from any losses and threatened
losses arising from and in connection with, or based on any allegation of:
(a)
any claim from Merchant resulting from any of your act, omission and/or negligence,
or
(b) any other claim arising out of or related to your breach of such
Merchant’s terms and conditions, whether directly or indirectly.
15.1 AAATap and all logos
related to the Service are either our trademarks or registered trademarks. You may
not copy, imitate, modify or use them without our prior written consent. All rights,
title and interest in and to our Platform, any Content thereon, the Services, the
technology related to the Services, and any and all technology and any content
created or derived from any of the foregoing belong to us exclusively and/or our
licensors. Additionally, other marks which appear in the Service may contain marks
of Merchant or third party that are not affiliated with us. We do not own such
Merchant’s marks or third-party’s marks and the use of such marks may be subject to
the terms and conditions of such Merchant or third-party.
15.2 We grant you a
revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited
licence to access the Platform and/or use the Service. This licence is for the sole
purpose of enabling you to use and enjoy the benefit of the Service provided by us
only. There are no implied licences under the Consumer Terms and any rights not
expressly granted to you hereunder are reserved by us. This licence grant applies to
the software and all updates, upgrades, new versions and replacement software.
16.1 The Content is provided to
you on an “as is” basis for your information and personal use only. Except as we
specifically agree in writing, the Content shall not be used, reproduced,
transmitted, distributed or otherwise exploited in any way. If we expressly allow
you to download a particular Content, you may download one copy of such Content to a
single device for your personal, non-commercial home use only do so provided that
you (a) keep intact all copyright and other proprietary notices, (b) make no
modifications to the Content, and (c) do not use the Content in a manner that
suggests an association with us.
16.2 We reserve the right to limit and/or
prohibit your access and/or use to any of the Content at our sole discretion and
shall not be liable for any such limitation or prohibition.
16.3 You further
acknowledge and understand that the Content provided in any part of our Platform may
contain technical inaccuracies or typographical errors. We also disclaim any
liability for any Content or information that may become outdated since the last
time that particular piece of information was updated. We can make changes and
corrections to any parts to any part of the Content contained in the Platform at any
time without prior notice to you.
17.1 Save and except as
provided for in our Contest terms, we do not claim ownership of the User Generated
Content. When you post any User Generated Content you grant us and our Affiliate a
non-exclusive, irrevocable, royalty-free, transferable, and worldwide licence to use
the User Generated Content and associated intellectual property and publicity rights
to help us improve, operate and promote our current services and develop new ones.
We will not compensate you for any of the User Generated Content.
17.2
Further to the foregoing paragraph, by submitting your User Generated Content to
us, you warrant that:
(a) use of your User Generated Content will
not infringe any intellectual property or publicity rights;
(b) you own or
otherwise control all of the rights of the User Generated Content;
(c) you agree
to waive your moral rights and promise not to assert such rights against us;
(d)
your User Generated Content is not defamatory, threatening, injurious, insulting
character, offensive, abusive, offensive on moral, menacing, religious or political
grounds, impair your confidentiality obligations;
(e) your User Generated
Content does not infringe the Law; and
(f) you shall be solely responsible for
your own User Generated Content and the consequences of posting or publishing
them;
17.3 We do not endorse any User Generated Content or any opinion,
recommendation, or advice expressed therein, and we expressly disclaim any and all
liability in connection with User Generated Content. We do not permit activities
which will infringe any intellectual property including copyright and we will remove
all infringing contents and User Generated Content upon notification that such
Content or User Generated Content infringes on another’s intellectual property. We
further reserve the right to remove any User Generated Content without prior notice.
17.4
If you believe that your work has been copied and posted in our Platform, without
your permission or in any other way that constitutes copyright infringement or if
you have any form of complaint or grievances in relation to the User Generated
Content posted, please contact our Customer Service Support.
17.5 You are
solely responsible for your interactions with another user. We reserve the right,
although we have no obligation, to monitor disputes between you and other user, and
to take any action that we feel may be appropriate in our sole discretion,
consistent with the Consumer Terms.
18.1 THE SERVICE IS PROVIDED TO
YOU ON AN ‘AS IS’ BASIS, WITH ALL FAULTS. WE DO NOT MAKE ANY REPRESENTATION OR
WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS OR IMPLIED, OR
ARISING BY LAW, CUSTOM, COURSE OF DEALING, COURSE OF TRADE, WITH RESPECT TO THE
SERVICE.
18.2 WE MAKE NO REPRESENTATION THAT THE DEFECT IN OPERATION OR
FUNCTIONALITY OF THE PLATFORM, IF ANY, WILL BE CORRECTED. WE DISCLAIM ANY AND ALL
IMPLIED WARRANTIES ON CONDITIONS OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON- INFRINGEMENT.
18.3 NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OUR PLATFORM SHALL NOT CREATE ANY
WARRANTY STATED IN THE TERMS.
18.4 ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE
DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
18.5
WE DO NOT CONTROL OVER ANY GOODS AND/OR SERVICES PROVIDED BY A MERCHANT WHO ACCEPT
AAATap APP AS A PAYMENT METHOD AND WE CANNOT ENSURE THAT THE MERCHANT YOU ARE
DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR IS AUTHORISED TO DO
SO.
18.6 WE ARE COMMITTED TO ENSURING ALL TRANSACTIONS PERFORMED IS SECURE,
SAFE AND CONFIDENTIAL. HOWEVER, OWING TO THE GLOBAL NATURE OF THE INTERNET
INFRASTRUCTURE, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO
ANY PART OF OUR SERVICE, AND OPERATION OF ANY OF OUR PLATFORM (INCLUDING ANY
NETWORKS AND SERVERS USED) OPERATED BY US OR ON OUR BEHALF MAY BE INTERFERED WITH
NUMEROUS FACTORS OUTSIDE OUR CONTROL. THERE ARE RISKS THAT YOUR ACCOUNT MAY BE
HACKED THROUGH YOUR MOBILE DEVICE, E-MONEY MAY BE STOLEN, OR FRAUDULENT TRANSACTIONS
MAY TAKE PLACE.
18.7 DESPITE TECHNOLOGICALLY ADVANCED PROTECTIONS, MOBILE
PAYMENTS AND/OR DATA STORED IN YOUR MOBILE DEVICE AREN’T IMMUNE TO INSTRUSION BY
HACKERS AND IDENTITY THIEVES. WE WOULD LIKE TO REMIND YOU TO TAKE EXTREME
PRECAUTION. IT IS EXTREMELY IMPORTANT THAT YOU NOTIFY US RIGHT AWAY IF YOU LOST YOUR
MOBILE DEVICE SO WE CAN SUSPEND YOUR ACCOUNT TO KEEP SOMEONE ELSE FROM USING IT. YOU
ARE RESPONSIBLE FOR ALL LOST OR STOLEN DATA, LOST OR STOLEN E-MONEY, AND/OR ANY
TRANSACTION MADE WITHOUT YOUR AUTHORISATION.
18.8 WE ARE NOT LIABLE TO YOU AT
ALL FOR MATTERS ARISING UNDER THIS CLAUSE 18.
19.1 The Indemnified Party
shall not be liable to you for any Claims and Losses, including Consequential Loss,
for: -
(a) any loss or damage which may arise as a result of any failure by
you to protect your password or Account;
(b) any cessation (permanently or
temporarily) in providing any of the Service (or any features within the Service);
(c) any inability to access the Platform, your Account, the Services, or any
part thereof;
(d) the deletion of, corruption of, or failure to store, any data
and other communication data maintained or transmitted by or through the Account;
(e) any prohibition, interruption, suspension, and/or discontinuance of use of
any Service or Platform (whether in whole or in parts);
(f) any transaction made
with Merchant;
(g) any suspension or refusal to accept or process payments which
we reasonably believe to be made fraudulently or without proper authorisation;
(h)
compliance with Law, Appropriate Authority, or non-compliance which may affect the
supply of Service, or any part thereof; (i) any unauthorised access to your Account,
Personal Data, data, network or system, howsoever arising, even if such unauthorised
access is caused by any act, omission and/or negligence on our part and/or that of
our Personnel;
(j) the refusal of any Merchant to honour or accept any
transaction made via your e-Wallet;
(k) any issues or disputes with regards the
delivery, quality, safety, legality, fitness for purpose or any other aspect of the
goods and/or services you Transacted with a Merchant;
(l) disputes or breach of
contract relating Merchant’s goods and/or services, errors or omissions in such
content, privacy and security practices employed by such Merchant;
(m) any claim
for libel, slander, infringement of third party intellectual property; and/or
(n)
any Content, User Generated Content, and/or conduct of any user or other third
parties.
19.2 Notwithstanding anything to the contrary, in the event the
Indemnified Party is found liable, whether wholly or partially, by the Appropriate
Authority or in a court with competent jurisdiction, you agree that the Indemnified
Party’s total aggregate liability to you shall not exceed Ringgit Malaysia Two
Hundred (RM200.00) only. This limitation shall apply regardless of the cause of
action or legal theory pled or asserted.
20.1 Your liability to the
Indemnified Party is to indemnify the Indemnified Party from and against any and all
Claims and Losses including Consequential Loss, as a result of: -
(a) any
transaction or other dealing between you and Merchant;
(b) any breach of, or
non-performance of, your representations, warranties, undertakings, covenants, or
obligations under the Consumer Terms;
(c) infringement of our intellectual
property or third-party intellectual property;
(d) the use, access and/or
transmission of any Content and/or User Generated Content;
(e) the transmission
or publication or communication of any User Generated Content in breach of the
Consumer Terms and/or policy; (f) any unauthorised access to any of our Service,
Platform, our customers’ Personal Data, our network or our supplier’s network,
through hacking, password mining or any other means;
(g) any fee, fine, penalty
or charges levied by Merchant or third party payment provider against us due to any
action or inaction by you in respect of a transaction and/or the provision of
Service to you;
(h) misconduct, fraud, dishonesty and/or negligence on your part
in respect of any Transaction or use of our Service; and/or
(i) breach of the
Law.
21.1 We reserve the right to
suspend, revoke, refuse and/or block, the use of the Service (or any part therefor),
the transaction, and/or your Account, at any time, without liability, without
notice, if: -
(a) if you breach any terms and conditions of the Consumer
Terms;
(b) if we form a reasonable belief that the Account possesses
unacceptable high risk to us or to other users;
(c) to protect our legitimate
interests;
(d) there is reasonable suspicion of fraudulent, and/or any illegal
activity;
(e) if you fail to cooperate with any investigation and/or enquiry
conducted and/or carried by the Appropriate Authority, in respect of any suspected
violation or violation of any Law;
(f) if we receive an order, instruction,
notice and/or directive from any Appropriate Authority to do so; and/or
(g) any
other reasons as we deem fit.
21.2 The suspension exercised above shall not
prevent us from exercising our rights to terminate the Consumer Terms with you and
the Service with respect of the same breach.
22.1 You may close your Account
and terminate your relationship with us at any time but you will remain liable for
all obligations related to your Account even after the Account is closed. When you
close your Account, we will cancel any scheduled or incomplete transactions. You
must withdraw or transfer any Available Balance.
22.2 In certain cases, you
may not close your Account, including: -
(a) to evade an investigation;
(b)
if you have pending transaction or an open dispute or claim;
(c) if your Account
has a negative balance; and/or (d) if you have an outstanding.
22.3 We shall
have the absolute discretion to terminate the Agreement with you, a Platform
(whether in whole or in part), and/or the Service (whether in whole or in part) at
any time, with or without notice, without liability to you, for any reasons
whatsoever.
22.4 Termination of the Service or Consumer Terms shall not act
as a waiver of any liabilities or obligations you may have accrued at or prior to
the date of such termination.
22.5 Those clauses which by their nature would
survive the termination or expiration of this Agreement shall so survive.
23.1 Your Communication with us
You can generally contact our Customer Service Support. However, if you wish to
lodge a complaint, dispute about the Platform or Service, or serve us a demand
letter, legal process, or other communication relating to that (collectively known
as “Formal Notice”), you should address a copy of the Formal Notice to our legal
department. The Formal Notice can be delivered by hand, courier and/or prepaid
registered post to the following address: -
AAATap SDN BHD
Lot 3A-01A,
Level 3A,
WORQ Glo Damansara,
699, Jalan Damansara,
Taman Tun Dr.
Ismail,
60000, Kuala Lumpur.
We can serve a Formal Notice or other
communication to you by electronic email, delivered by hand, courier and/or prepaid
ordinary post or registered post (not being AR Registered), facsimile to the address
you provided to us. We can also serve you a Formal Notice, or other communication to
your last known address in our record.
Formal Notice or other communication
shall be deemed effective: -
(a) If by electronic email or hand deliver, on
the day of delivery;
(b) If by prepaid registered post, three (3) days after it
was duly posted;
(c) If by courier, 1 day after dispatch; or
(d) If by
facsimile, on the day of transmission provided that the transmission report from the
sender’s facsimile machine confirms that transmission is in full and without error.
You agree that in the event that any action is begun in the courts in
Malaysia in respect of your access and/or use of the Services and/or Platform, the
legal process and other documents may be served by posting the documents to you by
registered post (not being AR Registered Post) at the address you provided to us or
to your last known address in our records and such service shall on the fifth (5)
day after posting, be deemed to be good and sufficient services of such legal
process or documents.
23.2 No Partnership.
You and we are
independent contractors and the use of our Service will not establish any
relationship of partnership, joint venture, employment, franchise or agency between
you and us. You do not have the power to bind us or incur obligations on our behalf
without our prior written consent, except we expressly said so.
23.3 When
do we waive a right under the Consumer Terms?
If you breach
the terms and conditions of the Consumer Terms and we do not exercise a right that
we have because of your breach, we do not necessarily waive our entitlement to
exercise that right because of your breach at any later time.
23.4
When can you and we transfer, assign or novate the Consumer Terms?
You
are not allowed to transfer, assign or novate your agreement with us (or any part
thereof) to any third -party unless we give you written consent to do so. We may,
however, transfer, assign or novate the Service, a Platform and/or the Consumer
Terms (or any part thereof) to our Affiliate or any third- party without notice to
you. The Consumer Terms shall inure to the benefit of your permitted assigns and
successors and our permitted assigns and successors.
23.5
Severability.
In the event any provision of the Consumer Terms is
held by a court of competent jurisdiction to be invalid, illegal or unenforceable in
any respect, the validity, legality and enforceability of the remaining provisions
contained herein shall not, in any way, be affected or impaired.
23.6
Which laws and courts govern the Consumer Terms?
The Consumer Terms
is governed by the laws of Malaysia without regard to principles of conflicts of
law. You and we submit to the non-exclusive jurisdiction of the courts of Malaysia,
and you waive any objections on the ground of venue or forum non-convenient or any
similar grounds.
23.7 Language.
If the Consumer
Terms is translated into any other languages and there is a conflict between this
English version and any foreign language version of the Agreement, the English
version shall prevail.
23.8 Entire Agreement
The
Consumer Terms and the additional terms and conditions forming part of the Service
set out the entire agreement between you and us and supersedes any prior
arrangements or agreements that we may have with each other, whether it is oral or
in writing.
Should you have any questions concerning the Consumer
Terms, the Service, our Platform, or additional terms and conditions found in the
Platform, please contact our Customer Service Support.