Terms of Use – Touch ‘n Go Shop

Effective Date: March 2025

1. Introduction

   Welcome to Touch ‘n Go e-Shop fully owned and operated by Touch ‘n Go Sdn Bhd (“Touch ‘n Go” or “we”) (“Platform”). By accessing or using the Platform, you hereby agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you shall not access or use the Platform. Your continued use of the Platform constitutes your acceptance of these Terms of Use.

2. User Accounts
   • Registration: You are required to register an account to access certain features of the Platform. By registering, you agree to provide accurate, current, and complete information as prompted by the registration form and to maintain and promptly update your information to keep it accurate, current, and complete.
   • Account Security: You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. To enhance security, an OTP (One-Time Password) will be required each time you log in. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to comply with these obligations.
3. Use of the Platform
   • Permitted Use: You are authorized to use the Platform solely for lawful purposes. You agree not to use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform.
   • Prohibited Activities: You are strictly prohibited from engaging in any activities that violate any applicable laws, infringe upon the rights of others, or disrupt or interfere with the security, functionality, or operation of the Platform. This includes, but is not limited to, unauthorized access to the Platform, transmitting harmful or malicious code, and engaging in any form of cyber-attack.
   • User Conduct: You agree to use the Platform in a manner that is lawful and respectful. Any form of fraudulent activity, abuse, or inappropriate behaviour, including but not limited to attempting to interfere with the proper functioning of the Platform, will not be tolerated and may result in the termination of your account.
4. Data Collection and Privacy
   • We are committed to protecting your privacy and ensuring that your personal data (as defined in the Personal Data Protection Act 2010) collected through the Platform is handled in a secure and responsible manner. The following outlines our data collection practices:
     • Personal Data Collected: When you use the Platform, we may collect certain personal data from you, including your name, address, and contact number. This information is collected to facilitate your use of the Platform, process your orders, and provide customer service.
     • Payment Information: We do not collect or store your credit card or payment method details. All payment transactions are processed through our third-party payment processors, who are responsible for handling your payment information in accordance with their privacy policies.
     • Use of Personal Data: The personal data we collect is used solely for the purposes of processing your orders, providing customer service, and improving your experience on the Platform. We do not sell, rent, or share your personal data with third parties for their marketing purposes.
     • Data Security: We implement appropriate technical and organizational measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction.
     • Privacy Policy/Privacy Notice: For more detailed information about our data collection and privacy practices, please refer to our Privacy Policy, which is available at [https://www.touchngo.com.my/assets/documents/pages/home/TNG_Privacy-Notice_Revised_Nov-2021.pdf].
   • By using the Platform, you consent to the collection and use of your personal data as described in this clause and our Privacy Policy/Privacy Notice.
5. Third-Party Links
   • The Platform may contain links to third-party websites or services that are not owned or controlled by Touch 'n Go. These links are provided for your convenience only. Touch 'n Go has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
   • By clicking on any third-party links, You acknowledge and agree that:
     • Touch 'n Go is not responsible for the availability, accuracy, or content of such external sites or resources.
     • Touch 'n Go does not endorse, and is not liable for, any content, advertising, products, or other materials on or available from such sites or resources.
     • You access and use these third-party websites or services at your own risk, and you shall review the terms and conditions and privacy policies of any third-party websites or services that you visit.
   • Touch 'n Go shall not be liable for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
6. Purchases and Payments
   • Product Listings: All product listings on the Platform are subject to availability. We reserve the right to limit the quantities of any products or services that we offer. We also reserve the right to discontinue any product at any time without notice. Descriptions, images, and other details of products are provided for informational purposes only and may be subject to change without prior notice.
   • Pricing: Prices for our products are subject to change. We shall not be liable to you or to any third party for any price change, modification, or discontinuation of any product. All prices are listed in Ringgit Malaysia and include applicable taxes unless otherwise stated. Any additional charges, such as shipping and handling fees, if applicable, will be clearly indicated at the time of purchase.
   • Payment Methods: We accept various payment methods, including credit cards, debit cards, and Touch 'n Go eWallet. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. In the event of a payment dispute, you agree to resolve the issue directly with your payment provider.
   • Order Confirmation: Upon placing an order, you will receive an order confirmation email. This email serves as an acknowledgment of your order and does not constitute acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or issues identified by our fraud detection system.
7. Order Cancellation and Modification
   • Order Cancellation: You may cancel your order within 24 hours of placing it, provided that the order has not yet been processed or shipped. To cancel your order, please contact our customer service team as soon as possible. If your order has already been processed or shipped, it cannot be cancelled, and you will need to follow our return and refund policy.
   • Order Modification: If you need to modify your order (e.g., change the shipping address, update the quantity, or add/remove items), please contact our customer service team within 24 hours of placing the order. Modifications can only be made if the order has not yet been processed or shipped. Once the order has been processed or shipped, no modifications can be made.
   • Processing Time: Orders are typically processed within 1-2 business days. During peak periods, processing times may be longer. We recommend contacting our customer service team as soon as possible if you need to cancel or modify your order.
   • Cancellation or Modification Confirmation: Upon successful cancellation or modification of your order, you will receive a confirmation email. If you do not receive a confirmation email, please contact our customer service team to ensure that your request has been processed.
8. Shipping and Delivery
   • Shipping Policy: We will make reasonable efforts to ensure that the products are delivered within the estimated delivery times. All delivery times provided are estimates based on information from the logistics service provider and are subject to change due to unforeseen circumstances. We shall not be liable for any delays caused by our logistics service provider and any other external factors beyond our control, including force majeure events.
   • Risk and Title: Risk of loss and title for products purchased from the Platform shall pass to you upon delivery of the products by the carrier. We will ship the products to the address that you have provided during the purchase process.
   • Delivery Issues: Delivery times may vary based on your location and the shipping method selected. If there are any issues with your delivery, please contact our customer service team for assistance.
   • Shipping Costs: Shipping costs will be calculated and displayed at checkout. You are responsible for paying all shipping and handling charges associated with your order.
   • International Shipping: For orders shipped internationally, you are responsible for any customs duties, taxes, and fees that may apply. We are not responsible for any delays caused by customs procedures.
   • Delivery Confirmation: Upon delivery, you may be required to sign for your package. If you are not available to receive the package, our logistics service provider may leave a message with instructions or contact you for re-delivery or pickup.
   • Undeliverable Packages: If a package is returned to us as undeliverable after three (3) failed delivery attempts, we will notify you and arrange for re-shipment. Additional shipping charges may apply for reshipment.
   • Damaged or Lost Packages: If your package is damaged or lost during transit, please contact our customer service team immediately. We will work with the carrier to resolve the issue and may offer a replacement or refund at our discretion.
   • Partial Shipments: In some cases, we may ship your order in multiple packages. You will receive a separate tracking number for each package. Shipping charges will be applied only once.
9. Return and Refund

   Returns and refunds are subject to our Return and Refund policy, which is available immediately below. You agree to comply with the Return and Refund Policy when requesting a return or refund. We reserve the right to refuse returns or refunds that do not comply with our Return and Refund Policy.

   Return and Refund Policy

   We strive to ensure your satisfaction with our products. If you are not completely satisfied with your purchase, you may return the product within [3] days of receipt for a refund or exchange, subject to the following conditions:

   • Eligibility: To be eligible for a return, the product must be unused, in its original packaging, and in the same condition that you received it. Proof of purchase is required.
   • Non-Returnable Items: [Touch ‘n Go Merchandise] are not eligible for return.
   • Return Process: To initiate a return, please contact our customer service team at +603-2714 8888 (Mon-Fri 8.00am – 8.00pm) or email us at careline@touchngo.com.my.
   • Shipping Costs: You are responsible for paying the shipping costs for returning the item. Shipping costs are non-refundable.
   • Refunds: Once your return is received and inspected, we will notify you of the approval or rejection of your refund. If approved, the refund will be processed, and a credit will be applied to your original method of payment within a certain number of days.
   • Replacement: If you need a replacement of a product, please contact our customer service team for assistance.

   For any questions or concerns regarding our return and refund policy, please contact our customer service team.

10. Intellectual Property
    • Ownership: All content, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and other materials available on the Platform (collectively, “Content”), is the property of Touch 'n Go or its licensors and is protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws.
    • Trademarks: The trademarks, service marks, logos, and trade names (collectively, “Trademarks”) displayed on the Platform are the registered and unregistered Trademarks of Touch 'n Go or its licensors. You may not use any Trademarks without the prior written permission of Touch 'n Go or the respective trademark owner.
    • License to Use: Subject to your compliance with these Terms of Use, Touch 'n Go grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its Content for your personal, non-commercial use. This license does not include any resale or commercial use of the Platform or its Content; any collection and use of product listings, descriptions, or prices; any derivative use of the Platform or its Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
    • Restrictions: You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on the Platform.
    • Prohibited Uses: You must not:
      • Modify copies of any materials from the Platform.
      • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
      • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.
      • Access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
    • Reporting Infringement: If you believe that any Content on the Platform infringes your intellectual property rights, please contact us with a detailed description of the alleged infringement. We will investigate and take appropriate action, which may include removing the infringing Content.
    • Reservation of Rights: All rights not expressly granted to you in these Terms of Use are reserved by Touch 'n Go and its licensors. No right, title, or interest in or to the Platform or any Content on the Platform is transferred to you, and all rights, title, and interest in and to the Platform and its Content remain with Touch 'n Go or its licensors.
11. Limitation of Liability
    • Disclaimer of Warranties: The Platform is provided on an "as-is" and "as-available" basis and the use of the Platform is at your own risk. Touch ‘n Go hereby disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of availability, accessibility, and uninterrupted use of the Platform. Touch ‘n Go further disclaims any warranties that the Platform will be error-free, free of viruses, or free of other harmful components.
    • Limitation of Liability for Damages: To the fullest extent permitted by law, Touch 'n Go shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Platform; (ii) any interruption or cessation of transmission to or from the Platform; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform.
12. Indemnification

    You agree to indemnify, defend, and hold harmless Touch ‘n Go, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, proceedings, demands, damages, losses, costs, expenses, or fees (including reasonable legal fees) that such parties may incur as a result of or arising from your (i) use of the Platform; (ii) violation of these Terms of Use; (iii) violation of any rights of another party; or (iv) violation of any applicable law or regulation.

13. Termination of Use
    • Conditions for Termination: We reserve the right to terminate or suspend your account and access to the Platform, without prior notice or liability, for any reason whatsoever, including but not limited to your breach of these Terms of Use.
    • Consequences of Termination: Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Dispute Resolution

    Procedures for Resolving Disputes: Any disputes arising out of or relating to these Terms of Use, the Platform, or the products and services provided through the Platform shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations, the parties agree to resolve the dispute in accordance with Clause 14 below.

15. Governing Law and Jurisdiction

    These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Malaysia to resolve any dispute or claim arising from these Terms of Use, Platform and/or the products and/or services provided through the Platform.

16. Amendments to Terms
    • Touch ‘n Go reserves the right at its absolute discretion, from time-to-time, to amend these Terms oof Use or any part thereof.
    • Touch ‘n Go shall furnish you with the notice on the amendment to these Terms of Use which shall be published on the Platform and/or via any electronic means, as the case may be, no less than twenty-one (21) days prior to the effective date of the said amendments to the Terms of Use.
    • Your continued use of the Services after the effective date of the amendments to the Terms of Use shall constitute unconditional acceptance of such amendments by you. If you do not accept such amendments, you are entitled to terminate Your use of the Platform. Touch ‘n Go shall not be liable to you for any claims, losses, damages, expenses or costs in whatsoever manner resulting therefrom.
17. Contact Information

    If you have any questions or concerns about these Terms of Use or the Platform (including but not limited to the use of the Platform, for e.g., order cancellations, modifications, shipping, delivery, returns, and refunds), you may contact our customer service team at:

    • Email: careline@touchngo.com.my
    • Careline No.:03-2714 8888 (Mon-Fri: 8.00am to 8.00pm)
    • Address: TNGSB Service & Sales Centres and Customer Service Counters

      Address	Operating Hours
      Bangsar South Service & Sales Centre Ground Floor Tower 6 Avenue 5, Bangsar South No. 8, Jalan Kerinchi, 59200 Kuala Lumpur.	Monday – Friday: 9:00am to 5:00pm Closed on Weekend & Public Holidays
      NU Sentral Service & Sales Centre Lot L2.07, Level 2 NU Sentral Shopping Centre No 201, Jalan Tun Sambanthan, 50470 Kuala Lumpur.	Monday - Sunday (Inclusive Public Holidays): 10:00am to 10:00pm