UPDATED AND EFFECTIVE AS OF 22 JUNE 2021
Welcome to the FAVE website https://myfave.com/ (“Site”) and/or FAVE mobile apps (“App”) (collectively, the “Platform”).
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY SO THAT YOU ARE AWARE OF YOUR RIGHTS AND OBLIGATIONS TOWARDS THE APPLICABLE FAVE COMPANY IN YOUR JURISDICTION (FAVE ASIA TECHNOLOGIES SDN BHD (COMPANY REGISTRATION NO. 201101000765 (928899-V)) IN MALAYSIA, BEECONOMIC SINGAPORE PTE. LTD. (UEN: 201002456D) IN SINGAPORE AND PT DISDUS INDONESIA (NPWP: 31.220.128.8.022.000) IN INDONESIA) AND ITS RELATED COMPANIES, SUBSIDIARIES AND AFFILIATES (INDIVIDUALLY AND COLLECTIVELY, “FAVE”, “WE”, “US” OR “OUR”) IN RESPECT OF THE ACCESS AND USE OF THE PLATFORM AND/OR SERVICES PROVIDED BY US.
BY ACCESSING THE PLATFORM, USING THE SERVICES AND/OR REGISTERING FOR AN ACCOUNT WITH US, YOU GIVE YOUR ACCEPTANCE OF AND CONSENT TO THESE TERMS OF USE, WHICH SHALL INCLUDE THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO AND/OR IMPOSED BY US FROM TIME TO TIME. YOUR ACCEPTANCE OF THESE TERMS OF USE SHALL CONSTITUTE LEGALLY BINDING AGREEMENT BETWEEN FAVE AND YOU AS THE USER. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, IN WHOLE OR IN PART, PLEASE DISCONTINUE ACCESSING AND USING THE PLATFORM, ACCOUNT AND/OR SERVICES IMMEDIATELY.
1. INTRODUCTION
1.1 The “Services” we provide or make available include (a) the Platform, (b) the features provided or introduced from time to time on the Platform and software made available through the Platform, including, but not limited to, “Fave Deals”, “FavePay” and “FavePay Later” and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, tools, application services (including, without limitation, any mobile application services) or other materials made available on or through the Platform or its related services (“Content”). Any new features added to or augmenting the Services are also subjected to these Terms of Use. These Terms of Use shall bind all users who use the Platform and/or any Services provided by us such as our customers and/ or consumers (“Users”, “User”, “you” or “your”).
1.2 Please do not use or access the Platform and/or our Services if you are under the age of eighteen (18) or the legal age for giving consent hereunder pursuant to the applicable laws in your jurisdiction (“Legal Age”). If you are below the Legal Age, you must get permission from a parent or legal guardian to open an Account and that parent or legal guardian must agree to these Terms of Use on your behalf.
1.3 If you are accessing the Platform and/or using our Services on behalf of a corporate body, you must ensure that you are duly authorised by the corporate body and have the full right and authority to access the Platform, open an Account and/or use our Services on behalf of the corporate body in accordance with these Terms of Use.
1.4 We reserve the right to change, modify, suspend or discontinue all or any part of the Platform and/or the Services at any time or upon notice as required by local laws. We may release new features in a beta or trial version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, Platform and/or Services in our sole discretion and without notice and any liability to you. WE MAY ALSO UPDATE THESE TERMS OF USE TO INCLUDE TERMS RELATING TO THE NEW FEATURES. YOUR CONTINUED USE OF THE NEW FEATURES SHALL CONSTITUTE YOUR ACKNOWLEDGEMENT, ACCEPTANCE AND AGREEMENT OF THESE TERMS.
1.5 We may at any time or from time to time sub-contract and/or appoint our subsidiaries, affiliates, related entities and/or any third party service provider(s) to operate the Platform and/or provide the Services and/or part thereof on our behalf at our absolute discretion. We shall have the rights to delegate, transfer, assign or novate, in whole or in part, our rights, benefits or obligations to our subsidiaries, affiliates, related entities or appointed third party service provider(s) without your consent and/or without notice to you.
1.6 WE MAY AMEND, MODIFY OR UPDATE THESE TERMS OF USE FROM TIME TO TIME. ANY CHANGE WE MADE TO THESE TERMS OF USE WILL BE PUBLISHED ON THE PLATFORM AND, WHERE APPROPRIATE, NOTIFIED TO YOU BY EMAIL OR VIA THE COMMUNICATION CHANNEL MADE AVAILABLE ON THE PLATFORM, WHEREUPON YOUR CONTINUED ACCESS TO THE PLATFORM, ACCOUNT THEREAFTER AND/OR USE OF ANY OF THE SERVICES SHALL CONSTITUTE YOUR ACKNOWLEDGMENT, ACCEPTANCE AND AGREEMENT OF THE CHANGE WE MADE TO THESE TERMS OF USE. PLEASE CHECK BACK FREQUENTLY TO SEE ANY UPDATES OR CHANGES TO THESE TERMS OF USE.
2. PRIVACY POLICY
2.1 WE HAVE PROVIDED AND PUBLISHED A PRIVACY POLICY ON THE PLATFORM WHICH SETS OUT OUR COMMITMENTS IN DATA PROTECTION AND OUR PRIVACY POLICY IN DETAIL. PLEASE READ THE PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE COLLECT AND USE THE INFORMATION ASSOCIATED WITH YOUR ACCOUNT AND/OR YOUR USE OF THE SERVICES. BY USING THE SERVICES OR PROVIDING INFORMATION ON THE PLATFORM, YOU CONSENT TO OUR COLLECTION, USE, DISCLOSURE, STORAGE, TRANSFER AND/OR PROCESSING OF YOUR CONTENT AND DATA (INCLUDING PERSONAL DATA) AS DESCRIBED IN THE PRIVACY POLICY.
3. FAVE ACCOUNT
Registration of Account
3.1 In order to access and enjoy full functions and features of the Platform and/or our Services, you may be required to create and register for an account with us (“Account”) by providing certain personal or business information. You hereby acknowledge and agree that we may conduct credit checks on you including but not limited to checking with registered credit bureau or reporting agency(ies) for purpose of accessing your credit worthiness and you agree to execute all consent form(s) or to provide additional document(s) necessary for such credit check(s) if so required by us.
3.2 You may create your Account by: (a) selecting a unique user identification (“User ID”) at your own discretion subject always to our approval or a User ID will be provided to you upon successful registration. You will be entitled to set the password and/or security code for your Account subject always to certain requirements as may be then notified or (b) connecting to an account maintained by you with a third party (such as Facebook, Google or your mobile service provider) wherein selected data of yours from such third party will be reflected in your Account. In registering with us, you agree to provide or that such information provided to us are accurate, current and complete information about yourself, and to update that information if it changes; if you don’t, we have the right to close your Account and any web pages and/or other pages and/or reports created under your Account within FAVE. If we rely on the contents of your application and accept you as a FAVE’s User, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted by us to you. If you select a User ID that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your Account.
Security of Account
3.3 To safeguard the security of the Platform and your Account, you agree to:
(a) keep your password and/or security code confidential and use only your User ID, password and/or security code when logging in;
(b) ensure that you log out from your Account at the end of each session on the Platform;
(c) immediately notify us of any unauthorised use of your Account, User ID, password and/or security code;
(d) ensure that your Account information is accurate and up-to-date;
(e) use your Account only in accordance with the Terms of Use published (and updated from time to time) by us through online; and
(f) not use your Account in a manner or for any purposes which may detriment and jeopardize FAVE’s operation, interest, reputation or goodwill.
3.4 You are fully responsible for all activities and transactions that occur under your User ID and Account even if such activities or transactions were not committed by you as we are unable and not obliged to investigate the authenticity of user’s identity or authority of such person effecting an activity or transaction. We shall not be liable for any direct or indirect loss or damage arising from unauthorised use or access of your Account or your failure to comply with these Terms of Use.
3.5 For enhancement and improvement purposes, we may from time to time conduct software evaluation to assess the performance level of the Platform and/or Services. You hereby irrevocably grant to and authorise us to conduct periodical review on your Account, including but not limited to assessing the activities and/or transactions carried out by you on the Platform or via your Account.
Identity Verification
3.6 We may from time to time require verification of your identity to confirm your ownership of your Account. This verification process is required for purposes including but not limited to: (i) fulfilling our obligations to the relevant authorities to combat against suspicious or unlawful activities, anti-money laundering activities and the funding of terrorism; (ii) enabling us to take action when unauthorised usage of FAVE accounts has been detected; and (iii) resolving any disputes relating to the ownership of a FAVE account.
3.7 You hereby irrevocably authorise us, whether acting on our own or through our third party service providers, to make any inquiries and to collect any documentation that we consider necessary to verify your identity. As part of this verification process, we shall request, and you shall provide to us, information about yourself that is true, accurate, current and complete, and which can be verified through documentation that is legally recognized and accepted in the location in which such documentation is issued.
4. FEES FOR THE USE OF PLATFORM
4.1 Unless otherwise informed in writing, we do not charge Users for accessing and browsing of the Platform.
4.2 We may impose fees for use of certain features on the Platform. Such fees shall be as stipulated in the Specific T&C which is specific to such feature. Please refer to the Specific T&C of the feature you intend to use for more information.
5. RESTRICTED USE OF FAVE’S INTELLECTUAL PROPERTY AND CONTENT
5.1 We grant you a limited and revocable licence to access and use the incidental software provided by us to you via the Platform as part of the Services. Use of such software is subjected to these Terms of Use. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code. You shall not, directly or indirectly, modify the features or functionality of, copy or create derivative works using all or any portion of, analyse or remove components from, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive source code, techniques, algorithms or processes from the software or permit or encourage any third-party to do so.
5.2 All proprietary Content, trademarks, service marks, brand names, logos, copyrighted information and other intellectual properties (“Intellectual Property”) displayed on the Platform are the exclusive property of FAVE and where applicable, third party proprietors such as Merchants (as defined in the Specific T&C section below). No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyrights, trademarks, applicable intellectual property related legislations and all other applicable laws that protect the Services, the Platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or its Content. You also may not, unless with our prior written consent, mirror or frame any part or whole of the contents of the Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
5.3 Third Party Links
Third party links may be provided throughout the Platform. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. We are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. We provide these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.
5.4 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, we are not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You shall not hold us responsible for any other User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
6. USER’S CONTENTS AND UNDERTAKINGS (AS APPLICABLE)
6.1 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 FAVE, are entirely responsible for all Content that you uploaded, posted, emailed, transmitted or otherwise made available through or on the Platform.
6.2 You acknowledge that we and our designee(s) shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, delete, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Platform. Without limiting the foregoing, we and our designee(s) shall have the right to remove any Content:
(a) that violates these Terms of Use;
(b) if we receive a complaint from another User;
(c) if we receive a notice of intellectual property infringement or other legal instruction for removal; or
(d) if such Content is otherwise objectionable.
6.3 We may also block delivery of a communication (including, without limitation, postings and/ or reviews) to or from the Services as part of our effort to protect the Services and/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 fullest extent permitted by applicable law, may not rely on any Content made available by us or submitted to us.
6.4 You acknowledge that by accessing or using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the fullest extent permitted by applicable law, under no circumstances shall we be liable in any way for any Content, 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.
6.5 You acknowledge, consent to and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over us or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FAVE, its Users and/or the public.
6.7 You shall not, and agree and undertake to FAVE not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(d) remove or alter any proprietary notices from the Platform;
(e) cause, permit or authorise the modification, creation of derivative works, or translation of the Services without our express permission;
(f) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein or for fraudulent or illegal purposes;
(g) use the Services in a dishonest or fraudulent way to obtain any advantage, benefit or secret profit from any third party.
(h) take any action that may undermine or manipulate the feedback or ratings systems;
(i) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;
(j) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or business information;
(k) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(l) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(m) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
(n) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, 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;
(o) 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;
(p) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(q) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation, code, directive, guideline or policy including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-fraud, anti-money laundering, counter-terrorism, unlawful proceeds and anti-corruption;
(r) use the Services in violation of or to circumvent any sanctions or embargo administered or laws enforced;
(s) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
(t) infringe the rights of FAVE, including any intellectual property rights and any passing off of the same thereof;
(u) reproduce, attempt to reproduce, counterfeit or resale any Merchant Offering (as defined in the Specific T&C section below) and/or any Cashback (as defined in the Specific T&C section below); and/or
(v) use the Services to mine, collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.
6.7 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the relevant licences to us. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with laws and legal restrictions associated with any Content contribution. You hereby grant to us and our successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to unconditionally waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
6.8 Any material, information or idea you provided to us by any means (each, a “Submission”), is not considered confidential by us and may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing and marketing purposes. By making a Submission to us, you acknowledge and agree that we and/or other third parties may independently develop software, applications, interfaces, goods and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant to us and our successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the goods identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Services.
6.9 You shall indemnify, defend and hold harmless FAVE and its subsidiaries, affiliates, related entities, directors, officers, agents, representatives, co-branders and employees from all actions, claims and demands which may be instituted or made against you arising from your use of third party’s intellectual property rights or violation of any applicable intellectual property laws.
7. DISCLAIMERS, EXCLUSIONS AND FORCE MAJEURE
Disclaimers
7.1 THE PLATFORM AND/OR SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, CUSTOM OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE PLATFORM AND/OR SERVICES OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
7.2 WHILE WE ENDEAVOUR TO ENSURE THAT THE PLATFORM AND/OR SERVICES ARE SECURED, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF THE ACCESS, USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES SHALL REMAIN WITH YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Exclusions and Force Majeure
7.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(A) (I) LOSS OF USE; (II) LOSS OF PROFITS; (III) LOSS OF REVENUES; (IV) LOSS OF DATA; (V) LOSS OF GOODWILL; OR (VI) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; AND
(B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 WE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM THE SERVICES, WHERE THE CAUSE OF SUCH DELAY OR FAILURE IS BEYOND OUR REASONABLE CONTROL. SUCH CAUSES MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD, RIOT, CIVIL COMMOTION, STRIKE (WHETHER OR NOT INVOLVING EMPLOYEES OF FAVE), LOCKOUT OR OTHER LABOUR DISTURBANCE, FIRE, WAR, ACTS OF FOREIGN ENEMIES, POWER OUTAGE, PANDEMICS, EPIDEMICS, NETWORK CONGESTION, TELECOMMUNICATIONS FAILURE, ELECTRICAL POWER FAILURES, OR ANY FAULT, INTERRUPTION, DISRUPTION OR MALFUNCTION OF EQUIPMENT, TOOLS, UTILITIES, COMMUNICATIONS, COMPUTER (SOFTWARE AND HARDWARE) SERVICES OR NETWORKS, GOVERNMENT ORDER OR CHANGE IN ANY LAW OR REGULATION WHICH RENDERS THE PERFORMANCE IMPRACTICAL.
7.5 IF WE CONSIDER A FORCE MAJEURE EVENT TO BE OF SUCH SEVERITY OR TO BE CONTINUING FOR SUCH PERIOD OF TIME THAT WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS, WE SHALL HAVE THE ABSOLUTE DISCRETION TO DECIDE ON SUCH ALTERNATIVE ARRANGEMENT(S), INCLUDING BUT NOT LIMITED TO TERMINATING THIS TERMS OF USE AND/ OR ANY SPECIFIC CONTRACT OR TRANSACTION (AS DEFINED IN SPECIFIC T&C SECTION BELOW) AND WITHOUT LIABILITY TO YOU OTHER THAN A REFUND OF PAYMENTS FOR SERVICES MADE BY YOU FOR WHICH IS NOT PERFORMED OR UNABLE TO BE PERFORMED.
7.6 YOU ACKNOWLEDGE, ACCEPT AND AGREE THAT ALL DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE REPRESENT A FAIR AND REASONABLE ALLOCATION OF RISKS AND BENEFITS OF THE AGREEMENT BETWEEN US AND YOU, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE VALUE OF THE CONSIDERATION PROVIDED BY YOU TO US AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE STATED RISKS. YOU FURTHER AGREE THAT THESE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8. FEEDBACK
8.1 We welcome information and feedback from you which will enable us to improve the performance of the Platform or quality of the Services provided. Please refer to our feedback procedure below for further information:
(a) Feedback may be made in writing through email to [email protected] or such other communication channel(s) made available on the Platform.
(b) Anonymous feedback will not be accepted.
(c) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(d) Vague and defamatory feedback will not be entertained.
9. VIOLATION OF TERMS OF USE
9.1 Any violation of these Terms of Use may result in a range of actions, including, without limitation, any or all of the following:
(a) Limits placed on Account privileges;
(b) Account suspension and subsequent termination; and/or
(c) Civil actions, including without limitation a claim for damages, specific performance and/or interim or injunctive relief.
9.2 If you believe a User on our Platform is violating these Terms of Use, please contact us via email at [email protected] or through the communication channel(s) made available on the Platform.
10. SUSPENSION AND TERMINATION; ACCOUNT DEACTIVATION AND CLOSURE
Suspension and Termination
10.1 You agree that we may in our sole discretion, with or without notice, and without any liability to you or any third party, suspend or terminate your Account and your User ID, remove or discard from the Platform any Content associated with your Account and User ID, withdraw any promotions, offers, deals or subsidies offered to you, cancel any transaction associated with your Account and User ID, temporarily disable your access to any or all of the Services and/ or features on the Platform, withhold any and all sale proceeds or refunds (as the case may be), and/or take any other actions that we deem necessary. Typical reasons for such actions may include, but not limited to:
(a) the Account has been inactive for a consecutive period of twelve (12) months;
(b) having multiple user accounts or allowing unauthorised persons to access and use the Account;
(c) in our opinion, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your Account or your use of the Platform and/or Services;
(d) you are in breach or we have reasonable grounds to believe that you have breached any of these Terms of Use and/or any applicable terms and conditions as may be provided by us from time to time, or have engaged in any conduct prejudicial to FAVE or in our opinion, your acts are prejudicial to FAVE’s interest;
(e) you are in breach of any acts, statutes, laws, by-laws, rules, regulations, guidelines and/or policies imposed by any authority, regulatory body or government agency;
(f) you have acted in bad faith or with malicious intent, or that we have reasonable grounds to believe that your behaviour is harmful, of defamatory nature or abusive to other Users, third parties and/or FAVE;
(g) your name is listed under any regulatory watchlist (including but not limited to listing related to terrorism and terrorism financing) under the applicable laws governing anti-money laundering, anti-terrorism financing and/ or corruption and/or such other local, foreign or international laws and regulations of similar nature;
(h) if we are required to do so pursuant to an order of a court or by any governmental or regulatory authority having the relevant jurisdiction;
(i) you have submitted false documents or have declared false information during your registration with or application to us; and/or
(j) you fail to provide any additional information which we may request from you from time to time for verification purposes.
Use of the Platform, Services and/or an Account for suspicious, fraudulent, illegal, harassing, defamatory, threatening or abusive purposes may be referred by us to the relevant law enforcement authorities without notice to you.
10.2 If we suspend your Account, our Services and/ or any specific features to you pursuant to Clause 10.1 above, we shall have the right to commence investigation into such event and shall have the absolute right to disable your utilisation of any or all Services and/or hold back any and all refund or money or benefit due to you (as the case may be) until and unless clearance has been obtained from the relevant authorities and/or the satisfactory completion of any investigation.
10.3 In the event your access and/or utilisation of the Platform and/or Services is suspended, ceased or terminated by us due to suspicious, fraudulent, illegal or unlawful transactions including but not limited to breaches of any law or any rules, regulations, policies and/or guidelines made thereunder), you will not be able to continue to utilise any or all Services and shall not be entitled to obtain any money or refund or benefit whatsoever. It shall be lawful for us to retain for an indefinite period, or deal at its own discretion with, or release to the relevant authorities, any money or refund or benefit (including any Cashback issued to you) in accordance with applicable legislations, rules, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.
Consequences of Account Termination
10.4 Upon termination of the Account due to any reason whatsoever, unless otherwise agreed in writing by us, any and all unredeemed Merchant Offering or unutilised Cashback will be deemed to have expired immediately and be removed from your Account. Any outstanding payments due by you to us and/or Merchant shall become immediately due and payable. Further consequences shall be as stipulated in the Specific T&C.
10.5 Any provision of these Terms of Use which expressly or by implication is intended to continue to remain effective and binding on the User after the termination of Account and/or the termination of Services, such as provisions concerning the User’s warranties, undertakings and indemnifications to us, shall survive such termination.
11. USER’S REPRESENTATIONS AND WARRANTIES
11.1 By accessing the Platform, use of the Services and/or registering an Account with us, you irrevocably represent and warrant to us that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian’s consent), right and ability to accept and enter into these Terms of Use and to comply with all the terms and conditions contained herein;
(b) if you are representing and acting on behalf a corporate body, you possess the full authority, capacity, right and ability to accept and enter into these Terms of Use on behalf of the corporate body and to comply with all the terms and conditions contained herein;
(c) any and all information and documentations you provided or submitted to FAVE for whatsoever purposes are and will remain true and not fake, accurate, not misleading, complete and up-to-date;
(d) you will access and use the Platform and/or Services for lawful purposes only and in accordance with these Terms of Use and all applicable laws, rules, regulations, codes, directives, guidelines and policies in force from time to time; and
(e) if so required, you will make yourself available to, and to render full cooperation and assistance to FAVE and/or the relevant authorities concerning any pending and future contentious matters, audits or investigations (including investigations commenced pursuant to Clause 10 above) arising out of or in connection with your Account or use of the Platform and/or Services in order to ensure that such matters or investigations can be resolved amicably and efficiently.
12. INDEMNITY & LIMITATION OF LIABILITY
12.1 You agree to indemnify, defend and hold us harmless, and our shareholders, subsidiaries, affiliates, related entities, directors, officers, employees, agents, representatives, co-branders and/or relevant business partners (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, the legal costs and dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (i) your violation or breach of any of these Terms of Use or any policy or guideline referenced herein, (ii) your use or misuse of the Platform or Services, or (iii) your breach of any laws or any rights of a third party.
12.2 In no event shall we be liable for loss of profit or goodwill, loss of data, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if we had been advised of the possibility of incurring the same.
12.3 Notwithstanding any other provisions of these Terms of Use, our maximum cumulative liability to you or to any other party for all losses, arising out of or relating to your use of our Platform and/ or our Services, shall not exceed RM1,000.00 or its equivalent in your jurisdiction or the sum that you have paid to us under such individual contract or transaction, whichever is lower.
13. COMMUNICATIONS
13.1 All and any notices, demands, requests or other communications to be given or made under these Terms of Use shall be in writing, and shall be sufficiently given or made to the other party by serving such notice at or sending such notice by hand, registered post, facsimile, electronic mail or text messaging to the contact details as notified by one party to the other from time to time or via the communication channel made available on the Platform.
13.2 Notice shall be deemed given:
(a) in the case of hand delivery, upon the receipt of written acknowledgment signed by the recipient;
(b) in the case of registered post, five (5) business days after posting; and
(c) in case of facsimile, email, text messaging, or the communication channel(s) available on the Platform, on the day of transmission provided that the sender has not received a failed or undeliverable message from host provider of the recipient within the day of transmission or a read receipt is sent to and received by the sender.
13.3 Notwithstanding Clauses 13.1. and 13.2 above, you acknowledge that you may from time to time communicate with us verbally through phone conversation to facilitate your request or the resolution of any issue or problem faced by you. If any significant subject matter has been agreed between us and you verbally via a phone conversation, our customer service team may thereafter put the same into writing and such notice will be sent to you via email for record.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms of Use shall be governed by and construed in accordance with the laws of your jurisdiction without regard to the conflict or choice of law principles.
14.2 Any dispute, legal action or proceeding arising out of or in connection with these Terms of Use shall be submitted to the jurisdiction of the courts in your jurisdiction, unless FAVE in its own discretion chooses to submit the same for settlement via arbitration in your jurisdiction or otherwise.
15. GENERAL PROVISIONS
15.1 If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction. In such case, you acknowledge that we may introduce and come out with a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, covenant or undertaking and you hereby agree to accept and be bound by such substitute provision.
15.2 You are not allowed to assign, transfer or sublicense any rights and benefits granted to you hereunder. We shall be entitled to transfer or assign any of its rights or obligations under these Terms of Use to a present or future affiliate or pursuant to a merger, consolidation, reorganisation or sale of all or substantially all of the assets or business, or by operation of law, without notice to you.
15.3 Nothing in these Terms of Use shall constitute a partnership, joint venture or principal-agent relationship between you and us, nor does it authorise you to make any representations or incur any costs or liabilities on our behalf.
15.4 Our failure to exercise or delay in exercising of any claim, remedy, right, power or privilege under these Terms of Use shall not be operated and deemed as a waiver thereof, or any single or partial exercise of any claim, remedy, right, power or privilege shall not preclude any other or further exercise thereof or the exercise of any other claim, remedy, right, power or privilege by us. Our rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies otherwise provided by law.
15.5 These Terms of Use are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of our affiliates’ and subsidiaries’ respective successors and assigns).
15.6 The terms and conditions set forth in these Terms of Use and any additional terms and conditions or policies included or referred to in these Terms of Use constitute the entire agreement and understandings between you and us with respect to the Platform, Account and/or Services.
15.7 FAVE RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN.
15.8 These Terms of Use may be translated into any language(s) other than English (“Translated version”). In the event of any inconsistency between the English version and the Translated version, the English version shall prevail.
16. SPECIFIC T&C
16.1 The following section additionally governs the specific Services offered by us to you. Your use of such specific Services shall constitute acknowledgement, agreement and acceptance to such relevant sections (“Specific T&C”). Unless otherwise stated in the respective Specific T&C, the Specific T&C shall prevail if there is any inconsistency between a Specific T&C and Sections 1 to 15 in these Terms of Use.
16.2 DEFINITION & INTERPRETATION
(a) In this Section 16 (and its subsections), unless the subject or context otherwise requires the following words and expressions shall have the following meanings:
“Cashback” means, collectively, the FAVE Cashback and the Partner Cashback.
“Contract” means the contract formed when we accept an order placed by you on the Platform on behalf of the Merchant for the purchase of Merchant Offering by issuance of a confirmation of successful purchase.
“FAVE Cashback” means the cashback awarded to you by us upon your utilization of FavePay subject to certain terms and conditions.
“FINAL PRICE” means the price payable by you:
(i) in relation to FaveDeals under Section 16A below, as shall be as displayed on the confirmation page which shall include the price of the Merchant Offering, the fee payable for Fave Guarantee (as may be stipulated accompanying the Merchant Offering on the Platform), the applicable sales and services tax, value added tax and/ or other taxes (by whatever name called) imposed by the local authorities from time to time (if not already included in the price of the Merchant Offering) and such other applicable fee indicated;
(ii) in relation to FavePay under Section 16B below and FavePay Later under Section 16C below, the amount specified and input by you onto our Platform (which shall include the applicable sales and services tax, value added tax and/ or other taxes (by whatever name called) imposed by the local authorities from time to time and any surcharges imposed by the Merchant.
“Merchant” means a third-party merchant who partners with us to sell its Merchant Offering on the Platform, who shall provide or fulfil the Merchant Offering purchased and/or redeemed by you or who shall receive payment from you for goods and/ or services rendered or to be rendered to you.
“Merchant Offering” means goods, product or service, vouchers or eCards for the same offered by a Merchant and made available for sale by Fave on behalf of such Merchant on the Platform.
“Partner Cashback” means the cashback awarded to you by (i) a Merchant upon your utilization of FavePay for payments to the Merchant subject to certain terms and conditions set out by the Merchant or (ii) our partner following any marketing or promotion campaigns by our partner.
(b) For the purpose of calculating any period of time stipulated or when an act is required to be done within a specified period after or from a specified date, the period is inclusive of and time beings to run from the date specified.
16A. SPECIFIC T&C – FAVEDEALS
16A.1 INTRODUCTION
The sale and purchase of any Merchant Offering on the Platform are additionally governed by these Specific T&C - FaveDeals.
16A.2 BASIS OF THE CONTRACT
(a) The Merchant Offering on the Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any item shall be formed until our issuance of a confirmation of successful purchase on behalf of the Merchant confirming your purchase of the Merchant Offering.
(b) All Merchant Offering are subject to such further terms and conditions as may be specified accompanying such Merchant Offering on the Platform. Such further terms and conditions may include:
(i) Validity or Redemption Period
The validity or redemption period of your Contract shall be as specified accompanying such Merchant Offering on the Platform. Upon the expiry of the validity or redemption period, the Contract shall be deemed to have lapsed and you shall not have any recourse against the Merchant and/or us.
(ii) Additional Terms & Conditions, Fine Print and Things to know
Depending on the Merchant Offering purchased by you, additional terms and conditions will apply and shall be as specified accompanying such Merchant Offering on the Platform. Such additional terms and conditions would be published under headers including but not limited to “Additional Terms and Conditions”, “Fine Print” and “Things to know”. We and/ or the Merchant shall not be held liable for any costs, expenses or loss arising from your failure to take note of and/ or failure to comply with such additional terms and conditions.
16A.3 ORDERS AND SPECIFICATION
(a) You may make an offer to purchase Merchant Offering by placing and completing the order on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to our acceptance on behalf of the Merchant and each order accepted by us shall constitute a separate Contract.
(b) Order acceptance and formation of the Contract will be completed upon our issuance of a confirmation of successful purchase of the Merchant Offering to you.
(c) Refusal of Order
(i) We reserve the right to withdraw any item from the Platform at any time and/or remove or edit any materials or content on the Platform at its sole discretion.
(ii) You acknowledge that we use our best efforts to always process all orders but there may be unforeseen circumstances where we are required to refuse to process an order despite a confirmation of successful purchase having been sent. In such an event, you agree that we shall not be held liable or in any way be held liable to you.
(iii) In the event you have made full payment for your order under a Contract and if the refusal of order is not due to your fault, FAVE agrees to refund the payment made to the Customer if the refusal of order is not due to Customer’s fault.
(d) Permitted Dealings with Merchant Offering
You may be permitted to deal with the Merchant Offering purchased in the manner provided on the Platform from time to time such as sending the Merchant Offering as a gift (“Permitted Dealings”) subject to such terms and conditions accompanying such Permitted Dealings on the Platform. Your instructions on the Permitted Dealings shall be deemed final and shall not be capable of cancellation or revocation unless permitted otherwise on the Platform.
(e) Fave Guarantee (where applicable)
In consideration of the fee payable for the Fave Guarantee accompanying a Merchant Offering and subject always to the additional terms and conditions accompanying the Merchant Offering on the Platform, we will refund the payment made to us for the Merchant Offering in the event:
(i) you opt to cancel an order or to terminate a Contract, provided that such cancellation is made before the expiry of the stipulated cancellation deadline accompanying such Fave Guarantee.
(ii) the Merchant ceases its business and is unable to fulfil the Merchant Offering.
In such events, we shall refund the FINAL PRICE (less applicable fees payable to Fave such as the fee for Fave Guarantee) through the original payment method elected by you when purchasing the Merchant Offering.
16A.4 PRICE
(a) The price of Merchant Offering shall be the price listed on the Platform at the time which you place and complete the order on the Platform.
(b) The FINAL PRICE payable by you shall be as displayed on the confirmation page which shall include the price of the Merchant Offering, the fee payable for Fave Guarantee (as may be stipulated accompanying the Merchant Offering on the Platform), the applicable sales and services tax, value added tax and/ or other taxes (by whatever name called) imposed by the local authorities from time to time (if not already included in the price of the Merchant Offering) and such other applicable fee indicated.
(c) For the avoidance of doubt, all prices indicated on the Platform may be quoted in different currency depending on the jurisdiction where you are domiciled or logging in to the Platform.
(d) In the event that any pricing has been mispriced on the Platform, we shall have the right to cancel the order or terminate the Contract which we shall inform you of such cancellation or termination via phone, by giving a written notice via email and/or the communication channel available in the Account.
16A.5 PAYMENT TERMS
(a) The FINAL PRICE payable shall be paid upon checkout. You will be entitled to make payments using the various payment methods made available on the Platform.
(b) Our Platform supports one or more of the following payment methods:
(i) Credit / Debit card;
(ii) Online banking;
(iii) Electronic wallet (e-wallet);
(iv) Cashback; or
(v) such other manner made available from our Platform from time to time.
(c) Cashback
All payments by FAVE Cashback and/ or Partner Cashback shall be subject to certain further terms and conditions accompanying the issuance of such Cashback. Such further terms and conditions may include:
(i) Partner or FAVE Cashback Expiry
The validity or redemption period of your Cashback shall be as specified accompanying the issuance of the Cashback on the Platform. Upon the expiry of the validity or redemption period, the Cashback shall be deemed to have lapsed and you shall not have any recourse against the Merchant, our partner and/or us.
(ii) Partner or FAVE Cashback Detail Breakdown
Depending on the Cashback issued to you (whether FAVE Cashback or Partner Cashback), additional terms and conditions will apply and shall be as specified accompanying issuance of such Cashback on the Platform. Such additional terms and conditions may be published as “Partner Cashback Detail Breakdown”. We, our partner and/ or the Merchant shall not be held liable for any costs, expenses or loss arising from your failure to take note of or failure to comply with such additional terms and conditions.
(iii) Notwithstanding all of the above, we reserve all rights to make final determination of the terms of redemption of such Cashback on a case to case basis.
(d) Promo Codes
We and/or the Merchant may accept certain Promo Codes in substitution of a portion of the price or FINAL PRICE. Such acceptance may be subject to further terms and conditions accompanying the issuance of such Promo Codes on a first come first serve basis including but not limited to acceptance of only a fixed number of such Promo Codes and that we and/or the Merchant shall be entitled to refuse acceptance of any such further Promo Codes.
16A.6 WARRANTIES
(a) While we make every effort to ensure that all information and descriptions of Merchant Offering displayed on the Platform are accurate and complete, we provide the information and descriptions on an ‘as is’, ‘as available’ basis for informational purposes only and does not represent, warrant or guarantee that a Merchant Offering’s descriptions are accurate, complete, reliable, current or error-free. Depictions of a Merchant Offering are for reference only and may not always accurately depict every aspect of such Merchant Offering.
(b) Save as expressly provided in these Clause 16A, all other warranties, guarantees, conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
(c) Your Acknowledgement
You hereby irrevocably acknowledge and agree that:
(i) we merely provide the Platform to facilitate the sale and purchase of the Merchant Offering by featuring the Merchant Offering on the Platform on behalf of the Merchant;
(ii) all information about the Merchant Offering set out on the Platform are provided by and given to us by the Merchant;
(iii) the Merchant is the ultimate seller and actual service provider of the Merchant Offering;
(iv) the Merchant, and not us, is solely responsible for providing and/or fulfilling the Merchant Offering sold to and purchased by you upon your redemption at the Merchant’s participating outlet (online or in-store);
(v) the Merchant is solely responsible to perform the warranty or honour the guarantee (if any) attached with the Merchant Offering;
(vi) any dispute arising in connection with the provision, fulfilment or performance of the Merchant Offering shall be resolved between you and the Merchant only; and
(vii) you have read and understood all additional terms and conditions accompanying the Merchant Offering, Cashback, Promo Codes, Fave Guarantee and/ or such other Services made available by us from time to time.
If you have any questions or concerns about these Specific T&C – FaveDeals, please contact us via email at [email protected] or through the communication channel(s) made available on the Platform.
16B SPECIFIC T&C - FAVEPAY
16B.1 INTRODUCTION
(a) We have developed and own a cashless payment mechanism named “FavePay” that allows you to make cashless payment to the Merchant via FavePay.
(b) FavePay supports payments made on the Platform via Credit / Debit card, online banking, selected electronic wallet (e-wallet) and Cashbacks or other payment method as may be accepted by us from time to time.
(c) Your usage of or transaction carried out on FavePay are additionally governed by these Specific T&C - FavePay.
16B.2 BASIS OF THE FAVEPAY TRANSACTIONS
(a) FavePay transactions are made after you have received your goods and/ or services from the Merchant.
(b) All transactions carried out through FavePay are directed and initiated by you and is in no way, controlled by Fave. In particular, the FINAL PRICE shall be the amount specified and input by you onto our Platform. WE SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF YOUR FAILING TO INPUT THE CORRECT FINAL PRICE.
(c) We merely act as a facilitator to assist you in making cashless payment at the Merchant’s participating outlet, whether online or at the physical store, via FavePay by hosting, maintaining and facilitating transactions between you and Merchants via internet.
(d) In relation to your selected payment mechanism, you represent and warrant to be an authorised holder of the selected and eligible Credit / Debit card, online banking, selected electronic wallet (e-wallet) or other payment method as may be accepted by us from time to time (“Payment Method”).
16B.3 FAVEPAY TERMS
(a) When a transaction takes place, payment is processed whereby (i) credit card / debit card / online banking / e-wallet information is held and (ii) price of the transaction is charged to the selected payment method immediately.
(b) You must provide a current, valid and accepted payment method (as may be updated periodically) in order to utilise the FavePay in full.
(c) No cancellation by you is permitted for payments made through FavePay. However, you may communicate with the Merchant to request for a cancellation or termination. In the event of cancellation by the Merchant, we shall refund FINAL PRICE (less any handling fee or administrative charge chargeable at FAVE’s discretion) made by you. In the event of a partial cancellation by the Merchant, we shall refund such part of the FINAL PRICE (less any handling fee or administrative charge chargeable at FAVE’s discretion) as instructed by the Merchant. All refund or partial refund shall be made through the original payment method elected by you and may take up to 14 business days to process. To facilitate the refund process, you shall ensure that the payment information and/or details are accurate as the default refund method depends on your original payment method.
(d) If a selected payment method fails to transact, we retain the right to request and/or seek payment from you through other avenues. Payment method may be changed at the “Payment” page on the Platform. In the situation whereby a payment transaction is unsuccessful due to whatsoever reason, you are recommended to change the pre-selected payment method to ensure a subsequent payment can be successful transacted, failing which will result in allowing us the authority to continue billing you based on the pre-selected payment method. For the avoidance of doubt, any concern, dispute or query in respect of the use of a selected payment method shall be resolved between you and the relevant financial institution, credit/debit card issuer and/or e-wallet operator.
(e) By using FavePay, you irrevocably acknowledge and agree that we may use all information, including personal and billing information, provided to us in the course of using the Services (“Payment Instructions”). You acknowledge and agree that it is your sole responsibility to ensure that all your Payment Instructions are correct, complete and accurate in every respect and you understand that time is required to process your Payment Instructions. The Payment Instructions provided by you will be treated as final and we are not obliged to verify the Payment Instructions with you. Further, by providing us with your Payment Instructions, you agree to pay or authorise us to deduct from your Account all fees and charges associated with your Payment Instructions. For the avoidance of doubt, any concern, dispute or query in respect of a Payment Instructions or the functionality of a selected payment method shall be resolved between the User and the relevant financial institution, credit/debit card issuer and/or e-wallet operator.
(f) We shall not be responsible and will not assume liability for any losses and/or damages to you arising from wrong information and details, including payment information and/or card details, entered by you or wrong remittance by you in connection with the payment for purchase of a Merchant Offering. We reserve all rights to verify whether you are duly authorised to use certain payment method and we may suspend a payment transaction until such authorisation is confirmed or cancel such relevant transaction where such confirmation is not available.
(g) Cashback
At our sole discretion, you may be issued with Cashback upon utilization of FavePay on terms and conditions as may be specified accompanying the utilization of FavePay on the Platform which may include maximum amount of Cashback to be issued for any one payment via FavePay. Such other terms and conditions may include:
(i) Partner or FAVE Cashback Expiry
The validity or redemption period of your Cashback shall be as specified accompanying the issuance of the Cashback on the Platform. Upon the expiry of the validity or redemption period, the Cashback shall be deemed to have lapsed and you shall not have any recourse against the Merchant, our partner and/or us.
(ii) Partner or FAVE Cashback Detail Breakdown
Depending on the Cashback issued to you (whether FAVE Cashback or Partner Cashback), additional terms and conditions will apply and shall be as specified accompanying issuance of such Cashback on the Platform. Such additional terms and conditions may be published as “Partner Cashback Detail Breakdown”. We, our partner and/ or the Merchant shall not be held liable for any costs, expenses or loss arising from your failure to take note of or failure to comply with such additional terms and conditions.
(iii) Notwithstanding all of the above, we reserve all rights to make final determination of the terms of issuance and redemption of such Cashback on a case to case basis.
In the event of a cancellation or termination by a Merchant, any Cashback previously issued shall be refunded to us or if already utilized by you, shall be deducted from your Account in a manner we deem fit.
16B.4 WARRANTIES
You hereby irrevocably acknowledge and agree that:
(a) we merely facilitate you to make cashless payments at the Merchant’s participating outlet;
(b) any and all information about the goods and / or services are provided by the Merchant to you;
(c) the Merchant is the ultimate seller and actual service provider;
(d) the Merchant, and not us, is solely responsible for providing and/or fulfilling the goods and/ or services sold to and purchased by you;
(e) the Merchant is solely responsible to perform the warranty or honour the guarantee (if any) attached with the goods and/ or services purchased;
(f) any dispute arising in connection with the provision, fulfilment or performance of the goods and/ or services shall be resolved between you and the Merchant only; and
(g) you have read and understood all additional terms and conditions accompanying the cashless payment(s) made by you such as Cashback.
If you have any questions or concerns about these Specific T&C – FavePay, please contact us via email at [email protected] or through the communication channel(s) made available on the Platform.
16C. SPECIFIC T&C – FAVEPAY LATER
16C.1 INTRODUCTION
(a) We may permit you to make payments via FavePay on a deferred basis such that you shall be obliged to pay a part of the FINAL PRICE, interest free, on a later date in accordance to the terms of this Section 16C (“FavePay Later”). For avoidance of doubt, the Specific T&C – FavePay shall continue to govern your utilization of FavePay to make payments to Merchants.
(b) For avoidance of doubt, FavePay Later does not constitute a money lending or credit facility to you and if offered, is merely to facilitate your FavePay transactions.
(c) Your selection and usage of FavePay Later are additionally governed by these Specific T&C - FavePay Later.
16C.2 DEFINITION & INTERPRETATION
(a) In this Section 16C, unless the subject or context otherwise requires the following words and expressions shall have the following meanings:
“Due Date(s)” means the date(s) on which an Instalment is due to be paid.
“FavePay Later Transaction” means a transaction wherein you select and we accept your request to make payments via FavePay Later and upon which you have made payment for the first Instalment.
“Instalment” means each of the 3 EQUAL MONTHLY INSTALMENTS that is created upon a FavePay Later Transaction arising wherein:
(a) each Instalment shall be a sum equivalent to the FINAL PRICE divided by 3; and
(b) the first Instalment shall be immediately due and payable upon your selection and our acceptance of a FavePay Later Transaction.
“Late Payment Charge” means a fixed charge of 1.5% on such part of the FINAL PRICE which is outstanding imposed on you in the event you fail to pay an Instalment on the Due Date.
“Purchase Limit” means the maximum amount (in the currency of the jurisdiction where you are domiciled or logging in to the Platform) under FavePay Later Transaction(s) which you are permitted to accumulate as may be determined by us in our sole discretion.
(b) Notwithstanding the above and for avoidance of doubt, we reserve the right to alter, remove, reverse and/or waive the Late Payment Charge by amending this Section 16C accordingly or by notifying you of such changes in accordance to Section 1.6 above.
(d) For avoidance of doubt, any existing and ongoing FavePay Later Transaction remains subject to the Late Payment Charge as it stood at the time of the creation of the FavePay Later Transaction.
16C.3 ELIGIBILITY
(a) In deciding if we would make available FavePay Later to you, we would assess your eligibility based on criteria including but not limited to the following:
(i) whether or not you are of Legal Age;
(ii) your registration, maintenance and status (whether active or suspended) of the Account with us;
(iii) your utilization of FavePay for the FavePay Later;
(iv) your Purchase Limit;
(v) a Credit / Debit Card acceptable to us (or such other payment manner that we permit from time to time), is linked to your Account and FavePay;
(vi) the Credit / Debit card selected must have at least remaining 4 months’ validity;
(vii) your transaction histories on the Platform; and
(viii) your compliance with this Terms of Use.
(b) Notwithstanding all of the above, we reserve the sole discretion to determine if FavePay Later shall be offered to you. We also reserve the right to deny, suspend or terminate the provision of FavePay Later to you at any time, and you shall have no right of recourse or appeal against such decision.
16C.4 FAVEPAY LATER TERMS
(a) All transactions carried out through FavePay Later are directed and initiated by you and is in no way, controlled by Fave. In particular, the FINAL PRICE shall be the amount specified and input by you onto our Platform. WE SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF YOUR FAILING TO INPUT THE CORRECT FINAL PRICE.
(b) Upon your selection of FavePay Later, we will provide you with information pertaining to the Instalment(s) and Due Date(s) on the Platform. You must review, confirm and accept the Instalment(s) and Due Date(s). The FavePay Later Transaction shall be deemed created upon your acceptance of the Instalment(s) and Due Date(s), our acceptance of your selection and your successful payment of the first Instalment.
(b) For each and every selection of FavePay Later, we will remit the FINAL PRICE to the Merchant and you agree to pay us the FINAL PRICE, interest free, in accordance to your Instalments on the Due Date(s).
(c) All Instalments will be automatically charged to your selected payment mode in accordance to the Due Date(s). Upon selection of FavePay Later, you are deemed to have expressly consented to, authorize and instruct us to carry out recurring direct debit of the Instalment from your Credit / Debit Card (or such other payment manner that we permit from time to time) on the Due Date(s) and direct debit of Late Payment Charge (if applicable).
(d) For the time being, we do not permit early payment of Instalment(s) or revised Due Date(s) or other repayment plans.
(e) Cashback
You may be issued with Cashback upon a successful FavePay Later Transaction on the terms and conditions specified accompanying the FavePay Later Transaction. However, the Cashback to be awarded to you shall be calculated in accordance to the price of the FINAL PRICE only and shall exclude any Late Payment Charge (if applicable).
16C.5 LATE PAYMENT CHARGES
(a) In the event of late payment of any Instalment(s), whether due to a failure to obtain funds from your Credit / Debit Card or rejection of the same by the applicable financial institution, we may opt to carry out any one(s) or all of the following measures:
(i) we shall be entitled to the Late Payment Charges. An illustration of how the Late Payment Charges are charged may be found below under Section 16C.8 below;
(ii) in the event of late payment within a week from the Due Date, suspend your ability to select FavePay Later;
(iii) in the event of late payment beyond (ii) above, suspend all other benefits / offerings by us including but not limited to Cashback or credits;
(iv) engage third party agency for collection of such outstanding sums;
(v) suspend and/or terminate your Account;
(vi) in the event your Account is suspended or terminated, prohibit you to open another Account for a duration as may be determined by us in our sole discretion;
(vii) notify credit reporting agencies or bureau located in your domicile jurisdiction;
(viii) notify any other statutory or governmental authority; and/ or
(ix) take all such legal action as we deem fit.
(c) In the event we exercise any of our rights under Section 10 above or this Section 16C.5 including suspension of your Account and/ or our Services to you, all Instalment(s) and Late Payment Charges (if applicable) shall become immediately due and payable notwithstanding the earlier agreed Due Date(s).
16C.6 CANCELLATION OR TERMINATION OF FAVEPAY LATER TRANSACTION AND REFUND> >
(a) No cancellation by you is permitted for FavePay Later Transaction. However, you may communicate with the Merchant to request for a cancellation or termination. In the event of cancellation by the Merchant, we shall refund FINAL PRICE (less any handling fee or administrative charge chargeable at FAVE’s discretion) made by you through the original payment method elected by you and may take up to 14 business days to process. To facilitate the refund process, you shall ensure that the payment information and/or details are accurate as the default refund method depends on your original payment method. In the event of permitted cancellation or termination of FavePay Later Transaction resulting in a refund, any applicable Late Payment Charges may be waived / removed.
(b) In the event of a partial cancellation of a FavePay Later Transaction by the Merchant:
(i) and based on the amount so cancelled by the Merchant, there remains Instalment(s) to be paid, part of the FINAL PRICE (less any handling fee or administrative charge chargeable at FAVE’s discretion), such part of the amount so cancelled shall be utilized to off-set the next Instalment(s). Any remaining sum thereafter will be refunded to you;
(ii) in the event there are no Instalment(s) to be paid or based on the amount so cancelled by the Merchant, there no longer remains any Instalment(s) to be paid, such amount so cancelled shall be refunded to you in full (less any handling fee or administrative charge chargeable at FAVE’s discretion).
All such refund shall be made in a manner deem fit by us. To facilitate the refund process, you shall provide us with such information as we may reasonably require. For avoidance of doubt, any applicable Late Payment Charges shall not be waived / removed.
(b) Any Cashback previously issued for a cancelled or terminated FavePay Later Transaction shall be refunded to us or if already utilized by you, shall be deducted from your Account in a manner we deem fit.
16C.7 YOUR ACKNOWLEDGEMENT
You hereby irrevocably acknowledge and agree that:
(a) to ensure that your Credit / Debit Card has sufficient funds to pay the Instalment(s) on their respective Due Date(s).
(b) you shall be solely responsible for any matters relating to tax arising from your selection of FavePay Later.
(c) in relation to your selected payment mechanism, you represent and warrant to be an authorised holder of the selected and eligible Credit / Debit card, online banking, selected electronic wallet (e-wallet) or other payment method as may be accepted by us from time to time.
(d) You authorize us to conduct checks, validations and risk assessments, and to make, directly or through third parties, any inquiries necessary to verify your identity, to assess your capability to make payments under the Instalments, and as required by applicable laws or regulatory requirements. You further agree and authorise us to share such information with the Merchant, our affiliates and/or any other third party as may be relevant and/or necessary for the provision of the FavePay Later Transaction.
(e) You agree to execute all consent form(s) or to provide additional document(s) necessary for such credit check(s) if so required by us.
16C.8 ILLLUSTRATION
CC and his friends dine in at a restaurant with the FINAL PRICE being RM240.00. CC opts to pay via FavePay and at the confirmation page notices an option for FavePay Later. CC selects the FavePay Later option. This creates 3 EQUAL MONTHLY INSTALMENTS of RM80.00 each (being RM240.00 divided by 3) with the first Instalment for RM80.00 being due and payable immediately and the subsequent instalments payable on the same date of the subsequent 2 months (or the date prior in the event there is no same date for the subsequent months).
FavePay Later Transaction shall not be deemed created until and unless the first Instalment is paid.
In the event we are unable to deduct the 2nd Instalment from CC’s selected Credit / Debit card on the Due Date, a Late Payment Charge of RM1.20 would be imposed (1.5% multiplied by RM80).
In the event we are unable to deduct the 2nd and 3rd Instalment from CC’s selected Credit / Debit card on the Due Date, a Late Payment Charge of RM2.40 (1.5% multiplied by (RM80 x 2).
If you have any questions or concerns about these Specific T&C – FavePay Later, please contact us via email at [email protected] or through the communication channel(s) made available on the Platform.
16D. SPECIFIC T&C – FAVEPAY CARDLINK
16D.1 INTRODUCTION
(a) You are permitted to link Eligible Cards to the Platform via FavePay Cardlink.
(b) This feature is an extension of FavePay in that you may still be issued with Cashback based on the FINAL PRICE for payments made to the Participating Merchant via your Eligible Cards (refer to Section 16D.2) at the payment acceptance device provided by the Merchant Acquirer without utilizing FavePay application / feature.
(c) Your usage of or your transaction(s) carried out via FavePay Cardlink are additionally governed by these Specific T&C - FavePay Cardlink.
16D.2 DEFINITION & INTERPRETATION
(a) In this Section 16D, unless the subject or context otherwise requires the following words and expressions shall have the following meanings:
“Cardlink Cashback” means the Cashback awarded to you by a Merchant, partner or Fave upon a successful transaction using any of your Eligible Card for payment at the payment acceptance device provided by the Merchant Acquirer (without the need to the FavePay application / feature);
“Eligible Cards” means such credit / debit cards which falls within Fave’s approved categories from time to time and specified on our Platform;
“Participating Merchant” means any Merchant’s stores / outlets which opt to provide for the FavePay Cardlink feature;
“Merchant Acquirer” means any merchant acquirers with ownership of payment processing networks including but not limited to Visa.
16D. 3 FAVEPAY CARDLINK TERMS
(a) The FavePay Cardlink will only be accessible to you if you are a holder of an Eligible Card.
(b) The Cardlink Cashback may only be issued when you pay for a transaction using the Eligible Card for payment at the payment acceptance device provided by the Merchant Acquirer with the Participating Merchant.
(c) You may choose to link up to maximum of five (5) Eligible Card(s) to your FavePay Cardlink.
(d) Cardlink Cashback
Cardlink Cashback are additionally governed by the following terms and conditions (in addition to those stipulated in Section 16, 16A and 16B):
(i) You may be issued with Cardlink Cashback upon a successful transaction using any Eligible Card for payment at the payment acceptance device provided by the Merchant Acquirer with the Participating Merchant and the Cardlink Cashback is cumulative in nature.
(ii) The Cardlink Cashback will be available to you within forty-eight (48) hours following the successful transaction on FavePay Cardlink.
(iii) Whilst we will endeavour to credit the Cardlink Cashback into your Account as soon as possible and within forty-eight (48) hours, there may be a lapse of time between a transaction made or usage of the Eligible Card and the crediting of Cardlink Cashback into your account. You agree that in such circumstances, we will not be liable for such delay save where the lapse of time is caused by any breach or negligence by us. We do not represent that any Cardlink Cashback earned will be immediately made available for you or your use.
(iv) The Cardlink Cashback issued to you will be stored in your Account.
(ii) Any addition, changes or removal of any Eligible Card from FavePay Cardlink will not cause the forfeiture of Cardlink Cashback which have been issued to you upon the successful transaction.
(v) Limitation of Utilization of Cardlink Cashback
(vi) The Cardlink Cashback issued to you cannot be utilised to partly pay a Participating Merchant if you intend to also make payment of the balance for the same transaction via FavePay Cardlink. The Cardlink Cashback can only be utilised for payment(s) made via FavePay (without the FavePay Cardlink feature) using the FavePay application / feature at the Participating Merchant. Kindly refer to Section 16D.6 for further illustration.
(vii) For the avoidance of doubt, we may specify from time to time, such FavePay Cardlink transactions which will NOT entitle you to Cardlink Cashback.
Notwithstanding all of the above, we reserve all rights to make final determination of the terms of issuance and redemption of the Cardlink Cashback on a case to case basis.
16D.4 CANCELLATION OR TERMINATION OF FAVEPAY CARDLINK TRANSACTION & REFUND
(a) We reserve the right to make deductions of the Cardlink Cashback issued to your account at any time where there is valid reason to do so. Circumstances where deduction of Cardlink Cashback may occur including but not limited to cancellation or termination of transaction due to return of goods, refund, fraud, error and unauthorized transactions.
(b) Any refund of any amount paid by you for a FavePay Cardlink transaction shall be dealt with between you, Merchant and/or the respective Merchant Acquirer.
16D.5 YOUR ACKNOWLEDGEMENT
You hereby irrevocably acknowledge and agree that:
(a) you shall be solely responsible for any matters relating to tax arising from your selection of FavePay Cardlink.
(b) you represent and warrant to be an authorised holder of the Eligible Card.
(c) you hereby consent and authorize the respective Merchant Acquirer and its affiliates, subcontractors and agents to obtain, process, monitor, analyze, and provide to us information relating to FavePay Cardlink transactions including but not limited to purchase date, settlement amount, settlement currency, settlement date, transaction identification, transaction authorization codes, merchant name and User EUID and understand that we are unable to provide you with FavePay Cardlink in the event such authorization or permission is revoked;
(d) we rely on the information provided by the respective Merchant Acquirer in relation to the issuance of Cardlink Cashback and any cancellation or termination of FavePay Cardlink transaction, the accuracy of which we are not obliged to verify;
(e) any dispute arising in connection to any transaction carried out on the Eligible Card shall be resolved between you and the Merchant or you and the respective Merchant Acquirer.
16D.6 ILLUSTRATION
DD transacted with his Visa credit card which is linked to FavePay Cardlink at a retail store with the FINAL PRICE of RM100.00 and earned RM10.00 as Cardlink Cashback. Subsequently after a month, he revisited the same retail store and spent RM200.00 with his Visa debit card which is also linked to the FavePay Cardlink. He earned RM20.00 as Cardlink Cashback via this transaction. Now, DD has RM30.00 being the Cardlink Cashback collectively earned from the two transactions.
If DD now wants to use the RM30.00 Cardlink Cashback earned from the previous two transactions, he will need to visit the same retail store and make the payment via FavePay (and not just the Visa credit card linked to FavePay Cardlink) through the FavePay application / feature.
If you have any questions or concerns about these Specific T&C – FavePay Cardlink, please contact us via email at [email protected] or through the communication channel(s) made available on the Platform.