Terms of Use

1.              Introduction

 

(a)            Welcome to Touch ‘n Go Shop (“Platform”), fully owned and operated by Touch ‘n Go Sdn. Bhd. (“Touch ‘n Go” or “we”). The "Services" we provide or make available include (a) the Platform; (b) the services provided on the Platform; and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, videos (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services), or other materials made available through the Platform or its related services ("Content"). 

 

To become a user of the Platform, you must read and accept all of the terms and conditions in, and linked to, these Terms of Use, and you must consent to the processing of your personal data as described in the Privacy Notice linked to the Platform. 

 

By accessing and/or using the Platform, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use and the Privacy Notice, you must not access and/or use the Platform. Your continued access and/or use of the Platform constitutes your acceptance of these Terms of Use and the Privacy Notice, as may be amended from time to time. 

 

(b)            Touch ‘n Go reserves the right to change, modify, suspend, or discontinue all or any part of this Platform at any time or upon notice as required by local laws. 

 

Touch ‘n Go may release certain Services or their features in a beta version, which may not work correctly or in the same way as the final version, and Touch ‘n Go shall not be held liable in such instances. Touch ‘n Go may also impose limits on certain features or restrict your access to parts of, or the entire Platform at its sole discretion and without notice or liability. 

 

IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF AN INDIVIDUAL UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT UNDER MALAYSIAN LAWS (“MINOR”), YOU MUST NOT PERMIT THAT INDIVIDUAL TO OPEN AN ACCOUNT UNLESS YOU HAVE READ AND AGREE TO THESE TERMS OF USE. BY ALLOWING A MINOR TO USE OUR SERVICES, ACCESS THE PLATFORM, OR CREATE AN ACCOUNT, YOU, AS THE PARENT OR LEGAL GUARDIAN, AGREE TO THESE TERMS OF USE ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS OF USE AND USE OF THE ACCOUNT AT ANY TIME.

 

(c)            You agree that your use of any product purchased on the Platform is subject to the applicable terms and conditions provided by Touch ‘n Go for that product located at Touch ‘n Go website.

 

2.              Your Account

 

(a)            Registration: You are required to register an account to access certain features of the Platform by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. 

 

If you select a User ID that Touch ‘n Go, in its sole discretion, finds offensive or inappropriate, Touch ‘n Go has the right to suspend or terminate your account. 

 

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. 

 

(b)            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: 

(i)              keep your password confidential and use only your User ID and password when logging in;  

 

(ii)             ensure that you log out from your account at the end of each session on the Platform; 

 

(iii)           immediately notify Touch ‘n Go of any unauthorised use of your account, User ID and/or password; and 

 

(iv)           ensure that your account information is accurate and up-to-date.  

 

You are fully responsible for all activities that occur under your User ID and account even if such activities or uses were not committed by you. Touch ‘n Go shall not be liable for any loss or damage arising from your failure to comply with these obligations.

 

(c)            Account Suspension or Termination: You agree that Touch ‘n Go may, for any reason, in its sole discretion, suspend, freeze or terminate your account and your User ID, withdraw any promotions offered to you, cancel or suspend any transactions associated with your account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Touch ‘n Go deems necessary. 

 

However, unless to comply with a requirement of law or necessary to prevent harm, fraud, or abuse to you, Touch ‘n Go will provide you with prior notice of such suspension, or termination, including the reason of such action. If prior notice is not feasible or reasonably practicable due to the circumstances necessitating the suspension or termination, Touch ‘n Go will inform you as soon as possible thereafter. This is to ensure that you are aware of and may respond to any such action affecting your account and your User ID. 

 

Grounds for such actions may include, but are not limited to, actual or suspected:  

 

(i)              extended periods of inactivity, as we may determine from time to time; 

 

(ii)             violation of these Terms of Use; 

 

(iii)            illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour; 

 

(iv)            having multiple user accounts;  

 

(v)             buying products on the site for the purpose of commercial re-sale;  

 

(vi)            any attempt or actual reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, underlying structure, ideas, or algorithms of our products; 

 

(vii)          abnormal or excessive purchase of products from us;  

 

(viii)         voucher or promo code abuse (including, but not limited to, selling of voucher or promo code to third parties, selling of voucher or promo code or other credits at a significant markup above face value and/or abnormal or excessive use of voucher or promo code on the Platform); 

 

(ix)            failure to make timely payment of any outstanding amount (or other obligation) owed to Touch ‘n Go (subject to applicable law); or 

 

(x)             behaviour that is or may be harmful to other users, third parties, or the business interests of Touch ‘n Go. 

 

If you use of the account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes, Touch ‘n Go may refer to law enforcement authorities without notice to you. 

 

If a legal dispute arises or law enforcement action is commenced relating to your account or your use of the Services for any reason, Touch ‘n Go may terminate your account immediately with or without notice. 

 

(d)           Account Termination: You may terminate your account by notifying Touch ‘n Go in writing (including via email at careline@touchngo.com.my) of your desire to do so. Notwithstanding any such termination, you remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and you must contact Touch ‘n Go after you have promptly and effectively carried out and completed all incomplete transactions in accordance with these Terms of Use. Touch ‘n Go shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. You waive any and all claims based on any such actions taken by Touch ‘n Go.

 

3.              Use of the Platform

 

(a)           Permitted Use: You are authorized to use the Platform solely for lawful purposes. 

 

You agree not to: 

 

(i)              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; 

 

(ii)             upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 

 

(iii)            use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity;

 

(iv)            remove any proprietary notices from the Platform; 

 

(v)             cause, permit or authorize the modification, creation of derivative works, or translation of the Services or the Platform without the express permission of Touch ‘n Go; 

 

(vi)            open and/or operate multiple user accounts in connection with any conduct that violates either these Terms of Use; 

 

(vii)          infringe upon the rights of Touch ‘n Go, including any intellectual property rights and not engage in any conduct that may constitute passing off or misrepresentation of those rights; 

 

(viii)         access the Platform, open a user account, or otherwise access your user account using an emulator, simulator, bot, or other similar hardware or software; 

 

(ix)            interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other user's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; and/or 

 

(x)             direct or encourage another user to conduct a transaction other than on the Platform. 

 

(b)            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, worms, Trojan-horses, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment and engaging in any form of cyber-attack.

 

(c)            Your 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.

 

(d)            Content on the Platform: You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Touch ‘n Go, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Platform. 

 

You understand that by using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Touch ‘n Go does not control or endorse such Content and makes no representations regarding its accuracy, integrity, or quality.

 

For clarity, Touch ‘n Go is responsible for Content that is officially posted by Touch ‘n Go itself. To the maximum extent permitted by applicable law, Touch ‘n Go disclaims all liability for any Content published by third parties, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform by third parties.

 

(e)           Your Acknowledgement. You acknowledge that Touch ‘n Go shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the site, without any liability to you. 

 

Without limiting the foregoing, Touch ‘n Go shall have the right to remove any Content:

 

(i)              that violates these Terms of Use; 

 

(ii)             if we receive a complaint from another user; 

 

(iii)            if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or 

 

(iv)            if such Content is otherwise objectionable. Touch ‘n Go may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our users, or otherwise enforce the provisions of these Terms of Use. 

 

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Touch ‘n Go. 

 

You further acknowledge, consent to and agree that Touch ‘n Go may access, preserve and disclose your account information, Content, and any other materials or information you provide to Touch ‘n Go to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by applicable law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Touch ‘n Go or in a good faith belief that such access preservation or disclosure is reasonably necessary to: 

 

(i)              comply with legal process; 

 

(ii)             enforce these Terms of Use; 

 

(iii)           respond to claims that any Content violates the rights of third parties, including intellectual property rights; 

 

(iv)           respond to your requests for customer service; or 

 

(v)            protect the rights, property or personal safety of Touch ‘n Go, its users, and/or the public. 

 

4.                Data Collection and Privacy

 

(a)            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:

 

(i)              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.

 

(ii)             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.

 

(iii)           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.

 

(iv)           Data Security: We implement appropriate technical and organizational security measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction.

 

(v)            Privacy Notice: For more detailed information about our data collection and privacy practices, please refer to our Privacy Notice, which is available at https://www.touchngo.com.my/assets/documents/pages/home/TNG_Privacy-Notice_Revised_Nov-2021.pdf.

 

(b)       By using the Platform, you consent to the processing, collection and use of your personal data as described in this Section and our Privacy Notice.

 

5.              Third-Party Links

 

(a)           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.

 

(b)           By clicking on any third-party links, you acknowledge and agree that:

 

(i)              we are not responsible for the availability, accuracy, or content of such external sites or resources.

 

(ii)             we do not endorse, and is not liable for, any content, advertising, products, or other materials on or available from such sites or resources.

 

(iii)           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.

 

(c)            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

 

(a)            Product Listings: All product listings on the Platform are subject to availability. Touch ‘n Go reserves the right to limit the quantities of any products or Services that we offer. Touch ‘n Go also reserves 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.

 

(b)            Pricing: Prices for our products are subject to change. Touch ‘n Go 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.

 

(c)            Payment Methods: Touch ‘n Go accepts various payment methods, including credit cards, debit cards, FPX, Touch 'n Go eWallet, and any other permitted payment wallets or payment methods added to the Platform from time to time. 

 

The availability and compatibility of a given payment method with the Platform may depend on your payment method and other relevant factors, and may be modified or discontinued at any time without prior notice.

 

You agree to provide current, complete, and accurate account information for all transactions made via the Platform. In the event of any issue relating to your payment methods, you agree to resolve the issue directly with your payment method provider and/or issuer (“Issuer”). You may only change your preferred payment method prior to completing a transaction; however, once a payment is made, changes to the payment method will not be permitted.

 

By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize Touch ‘n Go to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges. 

 

Touch ‘n Go may verify your authorisation to use the payment method, based on the results returned by our payment gateway or processor. Transactions may be suspended or cancelled if such verification fails or if authorization from your payment method provider (Issuer) cannot be confirmed. You also authorize Touch ‘n Go, through its payment processor, to carry out verification activities in accordance with the applicable payment network rules or Issuer’s requirements. This may include a low-value authorization transaction to check that your payment method is active and in good standing.  

 

You acknowledge that your use of any designated payment method is subject to the terms and conditions of the respective Issuer. Nothing in these Terms of Use modifies or overrides those terms and conditions. In the event of any inconsistency between these Terms of Use and the terms and conditions of your Issuer, these Terms of Use will govern the relationship between you and Touch ‘n Go, while the Issuer’s terms and conditions will govern the relationship between you and the Issuer. 

 

Touch ‘n Go make no representation or warranty that your payment methods is in good standing or that the Issuer will authorize or approve any transaction initiated via  the Platform. Touch ‘n Go shall not be liable for any loss or damages arising from incorrect shipping or payment information provided by you, or from any erroneous remittance made in connection with your purchase. 

 

(d)           Order Confirmation: Upon placing an order, you will receive an order confirmation email. The email serves as an acknowledgment of your order and does not constitute acceptance of your order. Touch ‘n Go reserves 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 

 

(a)            Order Cancellation: You may cancel your order only if it has not been processed or shipped. To cancel your order, please contact our Customer Service Team as soon as possible after placing your order. 

 

Important: Once your order has been processed or shipped, it cannot be cancelled and no refund will be provided. In such cases, only replacement requests may be considered in accordance with our Replacement, Refund and Order Cancellation Policy under Section 9 below.

 

(b)           Order Modification: Once an order has been placed and confirmed on our Platform, you will not be able to modify or alter the order, including, without limitation, to changes in product selection, quantity, shipping address, or payment method. It is your sole responsibility to ensure that all details provided at the time of placing an order are accurate and complete. 

 

Touch ‘n Go and its affiliates disclaim all liabilities for any errors, omissions, or inaccuracies in the order details provided by you. 

 

By placing an order, you acknowledge and agree that Touch ‘n Go shall not be held responsible for any consequences arising from the inability to modify the order after confirmation, including but not limited to delays, incorrect deliveries, or other issues resulting from inaccurate or incomplete order information. 

 

(c)           Processing Time: Orders are typically processed within 1 to 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.

 

(d)           Delivery Time: Order that has been successfully processed will be delivered as follows: 

 

(i)              within Klang Valley and Selangor : within 3 business days; and

 

(ii)             other address in Peninsular Malaysia : within 3 to 5 business days. 

 

(e)           Cancellation Confirmation: Upon successful cancellation 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

 

(i)                  Shipping Policy: Touch ‘n Go 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 delivery partner and are subject to change due to unforeseen circumstances. Touch ‘n Go shall not be liable for any delays caused by our delivery partner and any other external factors beyond our control, including force majeure events. 

 

(ii)                Risk and Title: Risk of loss and title for products purchased from the Platform shall pass to you upon delivery of the products by our delivery partner. Touch ‘n Go will ship the products to the address that you have provided during the purchase process. 

 

(iii)               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.

 

(iv)              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.

 

(v)                Delivery Confirmation: Upon delivery, you may be required to sign for your package. If you are not available to receive the package, our delivery partner may leave a message with instructions or contact you for re-delivery or pickup.

 

(vi)              Undeliverable Packages: If a package is returned to Touch ‘n Go as undeliverable after three (3) failed delivery attempts, it will be directed to the warehouse of our delivery partner. You may collect your package at the designated branch of our delivery partner within ten (10) days from the delivery partner pick up of the package (“Collection Period”). If you fail to collect your package within the Collection Period, Touch ‘n Go will not arrange for reshipment. Instead, you will receive a refund equivalent to the value of the product ordered.

 

(vii)             Damaged or Lost Packages: If your package is damaged or lost during transit, please contact our Customer Service Team immediately. Touch ‘n Go will work with our delivery partner to resolve the issue. Depending on the outcome, we may offer a replacement or refund at our discretion.

 

(viii)           Partial Shipments: In some cases, your order may be fulfilled in multiple shipments. You will receive a separate tracking number for each package. Shipping charges will be applied only once.

 

9.         Replacement, Refund and Order Cancellation

 

Replacement, refund, and order cancellation requests are subject to our Replacement, Refund and Order Cancellation Policy as set out below. Touch ‘n Go reserves the right to refuse any replacement, refund, or order cancellation that does not comply with the terms and conditions outlined in the policy.

 

Replacement, Refund and Order Cancellation Policy

 

We strive to ensure your satisfaction with our products. Please note the following terms which apply to all replacement, refund and order cancellation scenarios: 

 

(a)            Faulty or Damaged Products 

 

If you receive a product that is faulty, damaged, or does not conform to its description or acceptable quality standards, you are entitled to a replacement or refund, subject to the following process: 

 

(i)           contact our Customer Service Team and submit the required proof (such as an image or video); and

 

(ii)          upon validation and confirmation that the product is faulty or was not delivered, our Customer Service team will offer you the option of: 

 

A.             a replacement product, which will be shipped to you at no additional cost; or

 

B.             a refund to your original method of payment, if a replacement is not possible. 

 

Important: You are not required to return the faulty product unless specifically instructed by our Customer Service team.

 

(b)            Order Cancellation 

 

(i)              If you cancel your order before it is processed by our delivery partner, you will be eligible for a full refund. 

 

(ii)             The refund amount will be credited to your original payment. 

 

(iii)           Refund processing time depends on the payment method used and may take between seven (7) to fourteen (14) days. 

 

(c)            Contact and Support – Customer Service Team

 

To initiate any request related to faulty or damaged product or order cancellations, Customer Service Team at : 

·                Phone : +603-2714 8888 (Monday to Friday, excluding public holidays in Kuala Lumpur: 8am to 8pm)

·                Email:  Careline@touchngo.com.my.

 

For any questions or concerns regarding our Return and Refund Policy, please contact our Customer Service Team.

 

10.       Intellectual Property

 

(a)            Ownership: All Contents made available on the Platform (excluding User Content) are the property of Touch 'n Go or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws. By submitting, posting, or displaying any content (including reviews, photos, videos, or comments) on or through the Platform (“User Content”), you retain ownership of your rights in that content. However, you grant Touch ‘n Go a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, modify, adapt, publicly display, and otherwise exploit your User Content in connection with the operation, promotion, marketing, and improvement of the Platform and Touch ‘n Go’s products or services. You represent and warrant that you have the necessary rights to grant this license and that your User Content does not infringe the rights of any third party.

 

(b)            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 licensors.

 

(c)            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.

 

(d)            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.

 

(e)            Prohibited Uses: You must not:

 

(i)             modify copies of any materials from the Platform;

 

(ii)            use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;

 

(iii)           delete or alter any copyright, Trademark, or other proprietary rights notices from copies of materials from the Platform; and

 

(iv)           access and/or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

 

(f)             Reporting Infringement: By submitting or posting User Content on the Platform, you agree to comply with these Terms of Use and all applicable laws. You are solely responsible for your User Content. Touch ‘n Go does not endorse any User Content and is not liable for it. Touch ‘n Go reserves the right (but is under no obligation) to monitor, review, remove, or disable access to any User Content at its sole discretion and with prior notice, including where such content is deemed to be: 

 

(i)                  offensive, abusive or defamatory; 

(ii)                 misleading, fraudulent, or false; 

(iii)               infringing third-party intellectual property rights; 

(iv)               spam or irrelevant; or 

(v)                otherwise inappropriate or not aligned with Touch ‘n Go’s community or brand standards. 

 

Touch ‘n Go also reserves the right to suspend or terminate user access with notice where repeated violations occur.

If you believe any User Content infringes your intellectual property or legal rights, please contact us with details of the alleged infringement. Touch ‘n Go will investigate and may remove the infringing content where appropriate. 

 

(iii)           Reservation of Rights: All rights not expressly granted to you in these Terms of Use are reserved by Touch 'n Go and/or 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 and/or its licensors.

 

11.       Limitation of Liability

 

(a)            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 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.

 

(b)            Exclusion of Liability: To the fullest extent permitted by applicable 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; 

 

(iii)           any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Platform by any third party; or 

 

(iv)           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. 

 

(c)            Limitation of Liability: To the extent permitted by applicable law, Touch ‘n Go’s liability for any claims arising from your use of the Platform or purchase of products shall be limited to the amount paid by you for the product in question. 

 

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

 

(a)            Conditions for Termination: Touch ‘n Go reserves the right to terminate or suspend your account and access to the Platform without liability, with prior notice outlining reasons for the termination or suspension, for any reason whatsoever, including but not limited to your breach of these Terms of Use.

 

(b)            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

 

Any disputes arising out of or relating to these Terms of Use, the Platform, or the products purchased via the Platform and Services provided through the Platform shall be resolved through good faith negotiations between you and Touch ‘n Go. If the dispute cannot be resolved through negotiations, the dispute will be resolved in accordance with Section 15 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 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

 

(a)            Touch ‘n Go reserves the right at its absolute discretion, from time-to-time, to amend these Terms of Use.

 

(b)            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 these Terms of Use.

 

(c)            Your continued use of the Services after the effective date of the amendments to these 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, shipping, delivery, returns, product defect or faulty issues, and refunds), you may contact our Customer Service Team at:

 

(i)             Email: careline@touchngo.com.my

 

(ii)            Careline No.: 03-2714 8888 (Monday to Friday, excluding Public Holidays in Kuala Lumpur: 8am to 8pm) 

 

(iii)           e-Customer Service Form / Support Form: https://customerservice.touchngo.com.my/eservices/ 

 

(iv)           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 to Friday: 9am to 5pm Closed on 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 to Sunday:10am to 10pm Inclusive Public Holidays

 

YOU AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME MADE IN ACCORDANCE WITH THESE TERMS OF USE. BY CLICKING THE “SIGN UP” OR “CONNECT WITH ME” BUTTON DURING REGISTRATION, YOU UNDERSTAND THAT YOU ARE CREATING A DIGITAL SIGNATURE, WHICH YOU INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD SIGNED YOUR NAME MANUALLY.