The provision of the features and functionality of Presto App (as defined herein) is subject to this Terms of Use. You hereby acknowledge that you have read, understood and accepted this Terms of Use and by using Presto App constitutes your unconditional acceptance to be bound by this Terms of Use which may be amended from time to time.

1.1       Definitions

Affiliate”: means any entity directly or indirectly controlled by a party or any affiliate or subsidiary thereof;

 

Balance Sum”: shall have the meaning ascribed to it in Clause 7.9 (b);

 

Bank Account”: means your bank account that belongs to you which has been registered to your Presto Account as the designated bank account for the purposes of Presto App;

 

"BIGLIFE": means BIGLIFE Sdn.Bhd. [Registration No. 201001040731 (924656-U)], the company who owns, operates and manages a global loyalty and rewards program marketed and branded under the name "BIG" of which its members can earn loyalty points known as BIG Points;

 

"BIG Loyalty": means the points based global loyalty and rewards program owned and operated by BIGLIFE, whereby BIG Members are awarded BIG Points which may be redeemed by the BIG Members for rewards;

 

"BIG Members": means the individual who is a member under the BIG Loyalty;

 

"BIG Points": means the loyalty and rewards points issued by BIGLIFE under the BIG Loyalty;

 

Biometric Verification”: means a verification process that involves a biological scanning input or the scanning or analysis of some part of the body which includes but not limited to fingerprint scanning, facial recognition and voice recognition as a mode of authentication and authorisation to facilitate PrestoPay Transactions and selected PrestoPay Credits Transactions;

 

Business Day”: means a day except a Saturday, Sunday or public holiday (gazetted or ungazetted and whether scheduled or unscheduled) on which banks and financial institutions are open for business in Kuala Lumpur and Selangor;

 

Buyer”: means a Shopper who has placed an Order;

 

Calendar Week”: means a period of seven (7) consecutive days beginning from Sunday and ending on a Saturday. 

For the avoidance of doubt, one (1) Calendar Week shall be deemed as a calendar week of a particular calendar month in which the period of seven (7) consecutive days end; 

 

Company”, “ours”, “us” or “we”: means PRESTO PAY SDN BHD [REGISTRATION NO. 200701037789 (795818-U)], a company incorporated in Malaysia with registered address at 6B, Jalan 19/36, 46300 Petaling Jaya, Selangor Darul Ehsan having a business address at Level 11, 203, Menara Allianz Sentral, Jalan Tun Sambanthan, Kuala Lumpur Sentral, 50470, Kuala Lumpur, Malaysia including its successor-in-title;

 

Content”: means all data, text, information, usernames, trademarks, logos, graphics, images, photographs, profiles, audio, video, items and links in relation to the Seller Offering that are submitted, posted or displayed on Presto App;

 

e-money”: means an electronic payment instrument which is equivalent to monetary value in cash that is paid in advance to the Company in accordance with the provisions of this Terms of Use;

 

Failed Fulfillment”: means the event where an Order is cancelled due to the Seller’s inability to comply with its obligations towards the Buyer in accordance with the Seller Offering;

 

KYC Process”: means know your customer process as may be prescribed by the Company from time to time for the purposes of identifying and verifying the identity of its clients for compliance with the requirements of relevant laws, guidelines and/or regulations;

 

Merchants”: means participating parties or entities that accept payments via PrestoPay or payment using PrestoPay Credits for goods or services other than the Seller Offering;

 

Mobile Device”: means a smart telecommunications electronic device together with any ancillary accessories which is wireless and portable including but not limited to smartphones and handheld tablets as may be used by you to access your PrestoPay to perform PrestoPay Transactions and PrestoPay Credits Transactions;

 

Order”: means a request to purchase a Seller Offering through Presto App; 
 

 

"Premium Wallet": shall have the meaning ascribed to it in Clause 3.3(b);

 

Personal Data”: means any personal information as defined by the applicable personal data protection laws and regulations in Malaysia, pertaining but not limited, to the Company’s employees, agents, consultants, Shoppers, Buyers and Sellers;
 

"PIN": means that personal identification number which is a 6-digit code that is created by the Shoper to act as a mode of authentication to facilitate QR Code Payment;

 

Presto Account”: means the dashboard of Presto App which shall only be accessible by you that list amongst others, your personal information as may be stored by you, your shopping history as may be modified and expanded from time to time which also includes the integrated features of the PrestoPay information including but not limited to funds available for use and PrestoPay Transaction history;

 

Presto App”: means this mobile application that is a platform which lists and promotes the Seller Offerings and provides a market place for the Sellers and the Buyers to transact on the relevant services and Product Listing and also accepts the features of the PrestoPay which may be modified and expanded from time to time where all proprietary rights accruing is owned by the Company;

 

Presto Care”: means the customer care service designated by the Company as may be amended from time to time to provide further information, clarification towards enquiries and to address complaints in relation to Presto App;

 

Presto Gift Card”: means a gift card consisting of Reward Code which is digitally redeemable for PrestoPay Credits via Presto App and as available for purchase as stated in Clause 4.2;

 

Presto Transactional Limit”: means the aggregate e-money and PrestoPay Credits cumulative limit for PrestoPay Transaction as set out in Clause 3.4 (e) and PrestoPay Credits Transaction as set out in Clause 4.3 (c) in any one (1) calendar month which is Ringgit Malaysia One Thousand (RM1,000.00) only per Presto Account, regardless of the operating system of the Mobile Device;

 

PrestoMall”: means the digital marketplace operated by Presto Mall Sdn. Bhd. (formerly known as Celcom Planet Sdn. Bhd.) [Registration No. 201401037722 (1113867-K)] at domain www.prestomall.com and its mobile application, PrestoMall App;

 

“PrestoMall Account”: means the dashboard of PrestoMall which shall only be accessible by you via its domain www.prestomall.com and PrestoMall App that list amongst others, your personal information as may be stored by you, your shopping history as may be modified and expanded from time to time, subject always to the terms and conditions of PrestoMall;

 

PrestoPay”: means the digital wallet offered by the Company which allows for use of e-money for PrestoPay Transaction through a Mobile Device with the necessary and minimum specifications to be connected to data cellular networks or wireless protocols such as Wi-Fi, 3G, 4G or as may be upgraded from time to time that can operate to a certain extent interactively and autonomously;

 

PrestoPay Credits”: means electronic monetary credits in Presto App which may be utilised by you within the ecosystem of Presto App only to perform any of the PrestoPay Credits Transaction that shall not be convertible into cash. One (1) PrestoPay Credits is equivalent to Ringgit Malaysia One (RM1.00) only;

 

PrestoPay Credits Daily Transactional Limit”: means the aggregate PrestoPay Credits limit imposed by the Company for cumulative PrestoPay Credits Transaction in any one (1) calendar day which is Ringgit Malaysia Five Thousand (RM5,000.00) only for Basic Wallet and Ringgit Malaysia Fifty Thousand (RM50,000.00) only for Premium Wallet, regardless of the operating system of the Mobile Device; 

 

PrestoPay Credits Monthly Transactional Limit”: means the aggregate PrestoPay Credits limit imposed by the Company for cumulative PrestoPay Credits Transaction in any one (1) calendar month which is Ringgit Malaysia Fifty Thousand (RM50,000.00) only for Basic Wallet and Ringgit Malaysia Two Hundred Thousand (RM200,000.00) only for Premium Wallet, regardless of the operating system of the Mobile Device that shall not be applicable to PrestoPay Credits Transaction as set out in Clause 4.3 (c); 

 

PrestoPay Credits Transactional Limit”: shall mean collectively the PrestoPay Credits Daily Transactional Limit, PrestoPay Credits Monthly Transactional Limit and PrestoPay Credits Yearly Transactional Limit;   

 

PrestoPay Credits Transaction”: shall have the meaning ascribed to it in Clause 4.3;

 

PrestoPay Credits Yearly Transactional Limit”: means notwithstanding the Basic Wallet or Premium Wallet the aggregate electronic monetary limit imposed by the Company for cumulative PrestoPay Credits Transaction in any one (1) calendar year which is Ringgit Malaysia Two Hundred Thousand (RM200,000.00) only for Basic Wallet and Ringgit Malaysia One Million (RM1,000,000.00) only for Premium Wallet, regardless of the operating system of the Mobile Device;

 

PrestoPay Daily Transactional Limit”: means the aggregate e-money limit imposed by the Company for cumulative PrestoPay Transactions in any one (1) calendar day which is Ringgit Malaysia One Thousand (RM1,000.00) only for Basic Wallet and Ringgit Malaysia Three Thousand (RM3,000.00) only for Premium Wallet, regardless of the operating system of the Mobile Device that shall not be applicable to PrestoPay Transactions as set out in Clause 3.4 (a) and (b); 

For the avoidance of doubt, the e-money limit imposed on each PrestoPay Transaction is Ringgit Malaysia Five Hundred (RM500.00) only for Basic Wallet and Ringgit Malaysia One Thousand Five Hundred (RM1,500.00) only for Premium Wallet;

 

PrestoPay Monthly Transactional Limit”: means the aggregate e-money limit imposed by the Company for cumulative PrestoPay Transactions in any one (1) calendar month which is Ringgit Malaysia Four Thousand Five Hundred (RM4,500.00) only for Basic Wallet and Ringgit Malaysia Ten Thousand (RM10,000.00) only for Premium Wallet, regardless of the operating system of the Mobile Device that shall not be applicable to PrestoPay Transactions as set out in Clause 3.4 (a) and (b) and (e); 

 

PrestoPay Limit”: means the maximum amount of e-money funds that can be stored in your PrestoPay at any point in time as imposed by Bank Negara Malaysia, which is Ringgit Malaysia Five Hundred (RM 500.00) only for Basic Wallet and Ringgit Malaysia One Thousand and Five Hundred (RM1,500.00) only for Premium Presto Wallet. 

 

For the avoidance of doubt, the Company reserves the right to revise the PrestoPay Limit in accordance with the limit as may be prescribed by Bank Negara Malaysia from time to time;

 

PrestoPay Transactional Limit”: shall mean collectively the PrestoPay Daily Transactional Limit, PrestoPay Monthly Transactional Limit and PrestoPay Yearly Transactional Limit,  

 

PrestoPay Transactions”: shall have the meaning ascribed to it in Clause 3.4;

 

PrestoPay Yearly Transactional Limit”:  means notwithstanding the Basic Wallet or Premium Wallet the aggregate e-money limit imposed by the Company for cumulative PrestoPay Transactions in anyone (1) Calendar year which is Ringgit Malaysia Fifty Thousand (RM50,000.00) only for both Basic Wallet and Premium Wallet, regardless of operating system of the Mobile Device that shall not be applicable for PrestoPay Transactions as set out in Clause 3.4(a) and (b);

 

Privacy Policy”: means the privacy policy published by the Company on Presto App and accessible at www.prestouniverse.com as may be modified from time to time;

 

“Product Listing”: means the terms and conditions and incentives attached to a Seller Offering that may differ on a case to case basis in accordance with terms as may be agreed between PrestoMall and the Seller and as made available on Presto App;

 

"QR Code Payment": means a contactless payment method using the e-money stored in PrestoPay or PrestoPay Credits, where the payment is performed: (a) by scanning a quick response code provided by the Merchant using the Shopper's PrestoPay; or (b) by scanning the Shopper's PrestoPay by the Merchant, which shall then be authenticated by way of inputting the PIN or through Biometric Verificaton (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification;

 

Registered Mobile Number”: means a mobile number that has been identified and/or registered with Presto App for the purposes of your PrestoPay;

 

Reward Code”: means the code for the purpose of redemption of PrestoPay Credits via Presto App as set out in Clause 4.1 and 4.2, subject to the validity period and value stated therein;

 

Sellers”: means persons whom are offering Product Listing on PrestoMall;

 

Seller Offering”: means the goods or services offered for sale on PrestoMall and available for purchase via Presto App by the Sellers;

 

Selling Price”: means the price at which the Seller Offering is offered for sale as indicated on PrestoMall and made available on Presto App;

 

"SST": means sales and services tax as imposed under the Sales Tax Act 2018 and Service Tax Act 2018, as may be amended from time to time;

 

Terms of Use”: means the terms and conditions stipulated in this document which is accepted by the Shopper by clicking accept or by way of utilisation of Presto App;

 

"Withdrawal Fee": shall have the meaning ascribed to it in Clause 7.9 (a);

 

"you", "your", "yours" or "Shopper": means any person who is utilising Presto App subject to the terms and conditions in this Terms of Use.

 

1.2      Interpretations

1.2.1   In this Terms of Use, words importing the singular or the masculine gender will include the plural or the feminine/neuter genders or vice versa and references to persons include any individual, company, corporation, firm, partnership, joint venture, association, organisation, trust, state or agency of a state.

 

1.2.2   Any reference to statutes and rules made include all amendments, which may be enacted from time to time.

 

1.2.3   Any reference to “law” includes common law and any constitution, decree, judgment, legislation, order, ordinance, regulation, statute, treaty or other legislative measure in any jurisdiction or any present or future directive, regulation, request or requirement (in each case, whether or not having the force of law, the compliance with which is in accordance with the general practice of person to whom the directive, regulation, request or requirement is addressed).

 

1.2.4   A period of days from the occurrence of any event or the performance of any act or thing shall be deemed to exclude the day on which the event happens or the act or thing is done or to be done (and will be reckoned from the day immediately following such event or act or thing).

2.1   Presto App allows Shoppers to browse and purchase Seller Offering which shall always be in accordance and in compliance with all of the Company’s and PrestoMall's published policies.

 

2.2   Each Seller Offering listed through Presto App which shall be made available for purchase for a fixed period as may be agreed between PrestoMall and the Seller in accordance with the terms of the relevant Product Listing.

3.1   The provisions of Clause 3 shall only be applicable to you pursuant to your usage of the PrestoPay. Your eligibility to use PrestoPay shall be at the Company’s sole and absolute discretion and subject to successful clearance of the KYC Process to ensure compliance with all relevant anti-money laundering legislation, regulation and guideline of Malaysia.

 

3.2   The commencement of the usage of the PrestoPay shall firstly require you to register as a member pursuant to the provisions as set out in Clause 7 and to fulfil the Company’s unique one-time ID verification process in which the Company will request via Presto App for the submission of further information as may be necessary to enable the features of the PrestoPay and to ensure the security of your Presto Account.

 

3.3   There are two (2) types of PrestoPay that you can choose to register namely, the:

  1. (a)   Basic Wallet with the following features:
  2.  
    1. (i) PrestoPay Limit is Ringgit Malaysia Five Hundred (RM 500.00) only;
    2.  
    3. (ii) PrestoPay Daily Transactional Limit of Ringgit Malaysia One Thousand (RM1,000.00) only that shall not be applicable to PrestoPay Transactions as set out in Clause 3.4 (a); and 
    4.  
    1. (iii) Subject to the Transactional Limit and the PrestoPay Limit, Basic Wallet allows you to perform the PrestoPay Transactions as set out in Clause 3.4 (a), (c), (d), (e) and (h) only; and
    2.  
    3. (iv) Subject to the Presto Transactional Limit, PrestoPay Daily Transactional Limit, PrestoPay Yearly Transactional Limit and PrestoPay Limit, Basic Wallet allows you to perform the PrestoPay Transaction as set out in Clause 3.4 (e).
  3.  
  4. (b)   Premium Wallet with the following features:
  5.  
    1. (i) PrestoPay Limit is Ringgit Malaysia One Thousand and Five Hundred (RM1,500.00) only;
    2.  
    3. (ii) PrestoPay Daily Transactional Limit of Ringgit Malaysia Three Thousand (RM3,000.00) only that shall not be applicable to PrestoPay Transactions as set out in Clause 3.4 (a) and (b); 
    4.  
    1. (iii) Subject to the PrestoPay Transactional Limit and the PrestoPay Limit, Premium Wallet allows you to perform all of the PrestoPay Transactions as set out in Clause 3.4 save and except PrestoPay Transaction as set out in Clause 3.4 (e); and
    2.  
    3. (iv) Subject to the Presto Transactional Limit, PrestoPay Daily Transactional Limit, PrestoPay Yearly Transactional Limit and PrestoPay Limit, Premium Wallet allows you to perform the PrestoPay Transaction as set out in Clause 3.4 (e).
    4.  
    5.  

3.4   The PrestoPay is a feature offered in Presto App that facilitates your performance of the following transactions:

  1. (a)   deposit of e-money into the PrestoPay which shall be a minimum of Ringgit Malaysia Ten (RM10.00) per deposit and subject to the PrestoPay Limit that may be made through any one of the following methods:
  2.  
    1. (i) debit or credit card;
    2.  
    3. (ii) JomPAY; or 
    4.  
    1. (iii) any other method as may be accepted or determined by the Company from time to time;
  3.  
  4. (b)   receipt of e-money by way of peer-to-peer transactions subject to the PrestoPay Limit;
  5.  
  6. (c)   payment to the Seller for the purchase of Seller Offering using e-money via PrestoPay which shall be subject to the PrestoPay Transactional Limit;
  7.  
  8. (d)   payment to the Merchant for the purchase of goods and services as may be offered by the Merchant by way of QR Code Payment which shall be subjected to the PrestoPay Transactional Limit;

    (e) payment of bills by participating utility or telecommunication companies using e-money via PrestoPay which shall be subject to Presto Transactional Limit, PrestoPay Daily Transactional Limit and PrestoPay Yearly Transactional Limit;
  9.  
  10. (f)   transfer of e-money by way of peer-to-peer transactions subject to the PrestoPay Transactional Limit and PrestoPay Limit;
  11.  
  12. (g)   any other service as may be introduced by Presto App from time to time
  13. (each referred to as a “PrestoPay Transaction”)

  14. For the avoidance of doubt, all PrestoPay Transactions shall only be transacted in Ringgit Malaysia and be confined to transactions undertaken and/or transacted within Malaysia only.

  15. Deposits of e-money into your PrestoPay exceeding the PrestoPay Limit will result in failure and the balance in your PrestoPay will not increase. Such deposits shall be refunded to you through an appropriate method as may be determined by the Company that may incur a processing time of up to fourteen (14) Business Days.

3.5   In utilising the PrestoPay:

  1. (a)   you irrevocably authorise the deduction of e-money from your PrestoPay and the deposit of e-money into your PrestoPay to carry out any elected PrestoPay Transaction;
  2.  
  3. (b)   you shall acknowledge and agree that your performance of PrestoPay Transactions shall be subject to the PrestoPay Limit, PrestoPay Transactional Limit and Presto Transactional Limit (in respect of PrestoPay Transaction as set out in Clause 3.4 (e)) which include but not limited to you being restricted and/or prohibited from performing depositing or receiving e-money into your PrestoPay that would exceed the PrestoPay Limit; and

  4. (c)   you shall ensure that there is sufficient e-money in your PrestoPay to cover the total cost of PrestoPay Transactions (including any taxes and other applicable charges) failing which the Company reserves the right to reject or decline to approve the elected PrestoPay Transaction from your PrestoPay.

 

3.6   You may view your PrestoPay Transaction history by logging into the Presto Account which you shall be solely responsible to check and verify your PrestoPay Transactions and to ensure that there has not been any unauthorised usage or transactions.

 

3.7   The following provisions shall apply in relation to PrestoPay Transactions: 

  1. (a)   in transacting any PrestoPay Transaction you shall be required to login to your Presto Account and thereafter upon election of the PrestoPay Transaction, to authenticate the PrestoPay Transaction by way of inputting the PIN or Biometric Verification (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification;
  2.  
  3. (b)   all your PrestoPay Transactions authenticated by way of inputting the PIN or Biometric Verification (whichever is applicable) subject to the Mobile Device's capacbility of supporting Biometric Verification shall be reflected accordingly in the history of your Presto Account and also by way of electronic records as may be communicated to your Registered Mobile Number which shall be binding and conclusive evidence of your PrestoPay Transactions;

  4. (c)   any commands, instructions and/or confirmations sent from your Presto Account shall be deemed to have been duly issued by you notwithstanding that such commands, instructions and/or confirmations may have been issued by a third party, whether authorised or otherwise, the Company shall deem that the Presto Account has been accessed legitimately and the elected PrestoPay Transaction is valid;
  5.  
  6. (d)   in conjunction with paragraph (c) above, you understand that you shall be personally liable and responsible for the utilisation of your PrestoPay including but not limited to all PrestoPay Transactions which have been authenticated by way of inputting the PIN or Biometric Verification (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification irrespective of whether the elected PrestoPay Transaction was undertaken by you unless it can be established that such elected PrestoPay Transaction was erroneously transacted resulting from an error by the Company; and
  7.  
  8. (e)   the Company reserves the right not to contemplate any request to reverse any wrongful PrestoPay Transactions that has been authenticated by way of inputting the PIN or Biometric Verification (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification.

 

3.8   You agree to accept any electronic document and/or electronic copies of documents including but not limited to tax invoices, debit notes, credit notes, transaction receipts as may be generated directly or indirectly by Presto App and/or the Company consequently pursuant to your utilisation of the PrestoPay.  

 

3.9   Disputed PrestoPay Transaction

  1. (a)   You must immediately notify the Company of any error, discrepancy or mistake arising from your PrestoPay Transaction by contacting Presto Care following the details as set out in Clause 17 not later than thirty (30) days from the date of the disputed PrestoPay Transaction, failing which, you shall be deemed to have accepted the accuracy of your PrestoPay Transaction.
  2.  
  3. (b)   If, during the course of investigation it is revealed that the disputed PrestoPay Transaction was indeed made in error by the Company or discrepancy or mistake resulting from Presto App without any fault on your end, the Company will remit the disputed amount accordingly into your PrestoPay subject to the PrestoPay Limit.
  4.  
  5. (c)   For the avoidance of doubt, the Company shall not be liable for any disputes arising between you and the Merchant in relation to matters which include but is not limited to the merchantability, quality, quantity and/or delivery of the goods and/or services as may be offered by the Merchant.

 

3.10   Unclaimed e-money

  1. You acknowledge and agree that any amount of e-money that is unutilised in your Presto Wallet may be deemed as funds abandoned by you which may be required to be delivered to the relevant and responsible authorities in accordance with the Unclaimed Moneys Act 1965 and any statutory modification amendment or re-enactment thereof for the time being in force. To the extent as permitted by law, we shall attempt to contact you before releasing the funds to the authorities and in the event we are unable to establish any contact, the funds shall be treated as abandoned and we will release it accordingly to the authorities.

 

3.11   Lost or Stolen PrestoPay

  1. (a)   You must immediately report lost or stolen PrestoPay to Presto Care following the details as set out in Clause 17.
  2.  
  3. (b)   Your Presto Account will be suspended within twenty-four (24) hours upon receipt of your notification pursuant to Clause 3.12(a). You shall remain liable for all use of your Presto Account (including all costs associated with its unauthorised use) prior to the actual Presto Account suspension. For the avoidance of doubt, the Company shall not be responsible to refund you any monies arising from any unauthorised use until the expiry of the twenty-four (24) hours from your notification of the lost or stolen PrestoPay.

 

3.12   Inquiries and Complaints in relation with the PrestoPay

  1. (a)   Please contact Presto Care following the details as set out in Clause 17 for further information, enquiries and complaints pertaining to the PrestoPay.
  2.  
  3. (b)   In the event the response received from Presto Care with regards to your enquiry made or complaint lodged is unsatisfactory, you may kindly contact the following supporting bodies to relay your grievances:
  4.  
  5. Bank Negara Malaysia
  6. Laman Informasi Nasihat dan Khidmat (LINK)
  7. Ground Floor, D Block
  8. Jalan Dato’ Onn
  9. 50480 Kuala Lumpur
  10. Contact Centre (BNMTELELINK)
  11. Tel: 1-300-88-5465
  12. (Overseas: 603-2174-1717)
  13. Fax: 603-2174-1515
  14. Email: bnmtelelink@bnm.gov.my
  1. Ombudsman for Financial Services (664393P)
  2. (formerly known as Financial Mediation Bureau)
  3. 14th Floor, Main Block
  4. Menara Takaful Malaysia
  5. No. 4, Jalan Sultan Sulaiman
  6. 50000 Kuala Lumpur
  7. Fax: 603-2272-1577
  8. Website: http://www.ofs.org.my

4.1   PrestoPay Credits may be awarded to you in the following instances which include:

 

(a) when you place an Order in Presto App in accordance with the terms of the Product Listings;

 

(b) when you sign up for a subscription and/or membership that is offered via the Presto App and/or Company;

 

(c) when you participate in a contest and/or lucky draw as hosted or facilitated by Presto App and/or the Company;

 

(d) as a form of a prize or entitlement pursuant to any contest and/or lucky draw as hosted or facilitated by the Presto App and/or the Company;

 

(e) in the form of a Reward Code which is redeemable digitally via Presto App where the Company deems necessary;

 

(f) as an instrument for the refund of any payments, where applicable; or

 

(g) any other instances as may be amended by the Company from time to time.

 

4.2   PrestoPay Credits may also be purchased via Presto Gift Card or any other instances as informed by the Company from time to time. For the avoidance of doubt, the purchase of Presto Gift Card shall not entitle you to being awarded with the Reward Code as set out in Clause 4.1.

 

4.3   PrestoPay Credits is a feature offered in Presto App that facilitates your performance of the following transactions:

 

(a) payment to the Seller for the purchase of Seller Offering;



(b) payment to the Merchant for the purchase of goods and services as may be offered by the Merchant by way of QR Code Payment which shall be subject to the Transactional Limit;



(c) payment of bills by participating utility or telecommunication companies which shall be subject to Presto Transactional Limit, PrestoPay Credits Daily Transactional Limit and PrestoPay Credits Yearly Transactional Limit; 

 

(d) transfer and/ or receive PrestoPay Credits from other users of Presto App; and 


(e) any other services as may be introduced by Presto App from time to time.
         

(each referred to as a "PrestoPay Credits Transaction").

    1.  

4.4   For the avoidance of doubt, all PrestoPay Credits Transactions shall only be transacted in Ringgit Malaysia and be confined to transactions undertaken and/or transacted within Malaysia only. Your use of the PrestoPay Credits shall be subject to the following:

 

(a) For Basic Wallet user:

(i) PrestoPay Credits Daily Transactional Limit of Ringgit Malaysia Five Thousand (RM5,000.00) only;

(ii) PrestoPay Credits Monthly Transactional Limit of Ringgit Malaysia Fifty Thousand (RM50,000.00) only;

(iii) PrestoPay Credits Yearly Transactional Limit of Ringgit Malaysia Two Hundred Thousand (RM200,000.00) only; and

(iv) Presto Transaction Limit, PrestoPay Credits Daily Transactional Limit and PrestoPay Credits Yearly Transactional Limit for PrestoPay Credits Transaction as set out in Clause 4.3 (c).

 

(b) For Premium Wallet user:

(i) PrestoPay Credits Daily Transactional Limit of Ringgit Malaysia Fifty Thousand (RM50,000.00) only;

(ii) PrestoPay Credits Monthly Transactional Limit of Ringgit Malaysia Two Hundred Thousand (RM200,000.00) only;

(iii) PrestoPay Credits Yearly Transactional Limit of Ringgit Malaysia One Million (RM1,000,000.00) only; and

(iv) Presto Transactional Limit, PrestoPay Credits Daily Transactional Limit and PrestoPay Credits Yearly Transactional Limit for PrestoPay Credits Transaction as set out in Clause 4.3 (c).

 

4.5   The PrestoPay Credits shall not in any circumstances be exchangeable for cash.

 

4.6   The Compant shall not entertain any requests for the reissuance of expired Reward Code and shall not be liable for any Reward Code which is not redeemed within the validity period.

   
4.7   In utilising PrestoPay Credits:

(a) you irrevocably authorise the deduction of electronic monetary credits from your PrestoPay Credits and the deposit of electronic monetary credits into your PrestoPay to carry out any elected PrestoPay Credits Transaction; and
 

(b) you shall ensure that there are sufficient electronic monetary credits in your PrestoPay Credits to cover the total cost of PrestoPay Credits Transactions (including any taxes and other applicable charges) failing which the Company reserves the right to reject or decline to approve the elected PrestoPay Credits Transaction; and

 

(c) you shall use PrestoPay Credits subject to the terms and conditions as set out by the Company from time to time via Presto App, website at domain www.prestouniverse.com and/or as specifically made know to you via e-mail or mobile communications.
 

4.8   You may view your PrestoPay Credits Transaction history by logging into the Presto Account which you shall be solely responsible to check and verify your PrestoPay Credits Transactions and to ensure that there has not been any unauthorised usage or transactions.
 

4.9   The following provisions shall apply in relation to PrestoPay Credits Transactions:

(a) in trasacting any PrestoPay Credits Transaction you shall be required to login to your Presto Account and thereafter upon election of the PrestoPay Credits Transaction, to authenticate the PrestoPay Credits Transaction by way of inputting the PIN or Biometric Verification (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification;
 

(b) all your PrestoPay Credits Transactions authenticated by way of inputting the PIN or Biometric Verification (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification shall be reflected accordingly in the history of your Presto Account and also by way of electronic records as may be communicated to your Registered Mobile Number which shall be binding and conclusive evidence of your PrestoPay Credits Transactions;
 

(c) any commands, instructions and/or confirmations sent from your Presto Account shall be deemed to have been duly issued by you notwithstanding that such commands, instructions and/or confirmations may have been issued by a third party, whether authorised or otherwise, the Company shall deem that the Presto Account has been accessed legitimately and the elected PrestoPay Credits Transaction is valid;
 

(d) in conjunction with paragraph (c) above, you understand that you shall be personally liable and responsible for the utilisation of your PrestoPay Credits including but not limited to all PrestoPay Credits Transactions which have been authenticated by way of inputting the PIN or Biometric Verification (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification irrespective of whether the elected PrestoPay Credits Transaction was undertaken by you unless it can be established that such elected PrestoPay Credits Transaction was erroneously transacted resulting from an error by the Company; and
 

(e) the Company reserves the right not to contemplate any request to reverse any wrongful PrestoPay Credits Transactions that has been authenticated by way of inputting the PIN or Biometric Verification (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification.

 

(f) The Company reserves the right to deduct from your PrestoPay Credits any PrestoPay Credits awarded in accordance with Clause 4.1 (a) in the event of any cancellation of Order or purchase of Product Listing. Where the PrestoPay Credits in your Presto Account is insufficient to be deducted, such shortfall shall be deemed as due and owing to the Company and the Company may recover the same by setting off the outstanding shortfall amount against the PrestoPay Credits acquired by you in the future and as deemed necessary by the Company, the Company may deduct from your PrestoPay balances, without any further prior notice to you. 
 

4.10   Disputed PrestoPay Credits Transaction
 

(a) You must immediately notify the Company of any error, discrepancy or mistake arising from your PrestoPay Credits Transaction by contacting Presto Care following the details as set out in Clause 17 not later than thirty (30) days from the date of the disputed PrestoPay Credits Transaction, failing which, you shall be deemed to have accepted the accuracy of your PrestoPay Credits Transaction.
 

(b) If, during the course of investigation it is revealed that the disputed PrestoPay Credits Transaction was indeed made in error by the Company or discrepancy or mistake resulting from Presto App without any fault on your end, the Company will remit the disputed amount accordingly into your PrestoPay Credits.
 

(c) For the avoidance of doubt, the Company shall not be liable for any disputes arising between you and the Merchant in relation to matters which include but is not limited to the merchantability, quality, quantity and/or delivery of the goods and/or services as may be offered by the Merchant.

5.1  BIG Points as a form of payment in Presto App is open to BIG Members who have completed the account linking process in Presto App.

 

5.2  The Company shall have the sole discretion to determine the type of products and services within Presto App that may accept BIG Points as a form of payment.

 

5.3 For every purchasing transaction, the miximum amount of BIG Points that can be used as a form of payment on Presto App are as follows:

 

(a)  Fifty per cent (50%) of BIG Member's BIG Points balance under BIG Member's BIG Loyalty account; or

 

(b)  Up to five thousand (5,000) BIG Points;

 

whichever is lower.

 

5.4 Purchases using BIG Points as a form of payment can be completed in the following payment arrangements:

 

(a)  Paid in full using the available BIG Points in accordance with the manner as stipulated in Clause 5.3 above; or

 

(b)  Partial payment in BIG Points and the remaining balance to be paid using the maximum combination of one (1) other available payment method during checkout in Presto App.

 

5.5 Presto App reserves the right to discontinue BIG Points as form of payment, as well as to amend any of the terms and conditions in accordance with Clause 21.

 

5.6 For the avoidance of doubt, payment made using BIG Points shall be subject to such additional terms and conditions as may be imposed by BIGLIFE from time to time. 

6.1 The company reserves the right, with or without prior notice to you to take any one or more of the following actions in the event that you are in breach or the Company has reasonable cause to belive that you are in breach of your use of PrestoPay, PrestoPay Credits or any provisions of this Terms of Use or where the Company has reasonable grounds to act or to refrain from doing any of the followings: 

 

(a) the Company may decline to perform or allow a transaction to be performed or completed;

 

(b) the Company may reverse any transaction which may have been performed or completed. The Company in its sole and absolute discretion may deduct any PrestoPay and/ or PrestoPay Credits from your Presto Account to regularise such reversal of transaction. For the avoidance of doubt, in the event that your Presto Account has insufficient PrestoPay and/ or PrestoPay Credits for such regularisation, the remainder required for such regularisation shall be deemed as an outstanding sum due and owing to the Company and the Company shall be entitled to deduct such outstanding sum from any available PrestoPay and/ or PrestoPay Credits which you may acquire in future;

 

(c) the Company may suspend and/ or terminate your Presto Account;

 

(d) the Company may levy a fee or claim damanges or other losses from you;

 

(e) the Company may report the transaction to the relevant authorities or law enforcement agencies; and/ or

 

(f) the Company may take any such other action as may be deemed necessary or commensurate with the nature and extent of the breach.  

7.1   In order to place an Order or use the PrestoPay or certain other services on Presto App, you are required to register as a member. Unless otherwise specified by the Company, registration as a member is free.

 

7.2   By registering for a Presto Account you warrant and represent that you have attained eighteen (18) years of age or above. In the event that you are below eighteen (18) years of age, you shall obtain your parent or legal guardian’s consent. Your parent or legal guardian shall be responsible for your use of the Presto App.

 

7.3   You are required to provide certain information during the registration process. You warrant that all information provided is accurate, current and complete at all times. Inaccurate, out-of-date or incomplete information may cause the inability for the Company to provide you with certain services such as those offered by the PrestoPay and/or the inability for the Seller to fulfill the Order placed by you. If we rely on the contents of your application and accept you as a member, 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 to us by you.

 

7.4   We reserve the right to accept or reject your application of registration at our sole and absolute discretion in the following cases:

  1. (a)   where we are not able to verify your identity with certainty;

  2. (b)   where the data provided by you upon sign-up is identical to a membership account already registered with Presto App;
  3.  
  4. (c)   where you have provided false or inaccurate information or omitted to provide necessary information during the application process;
  5.  
  6. d)   where you have breached any provision of this Terms of Use; and/or
  7.  
  8. e)   any other reason as may be determined by the Company.
  9.  

7.5   You are responsible for maintaining the confidentiality of your Presto Account information, including the account password, and for all activity that occurs under your account. You may be held liable for losses incurred by the Company or by the Sellers due to a third party using your password or account. You agree to notify us immediately should there be any unauthorized use of your account or password or of any other breach of security.

 

7.6   Subject to Clause 16, we shall be entitled to disable, suspend or terminate your account or restrict your access to your account temporarily or permanently and/or take any such measures or actions at any time in our sole and absolute discretion for any reason, including where you have breached any provision of this Terms of Use.

 

7.7   Subject to Clause 16, you may terminate your account at any time by contacting Presto Care at the email address as set out in Clause 17 provided that no Order is pending fulfillment.

 

7.8   Termination of your Presto Account either in accordance with Clause 7.6 or 7.7 will result in you losing:

  • (a)   all the unutilised PrestoPay Credits;
  •  
  • (b)   your shopping history; and
  •  
  • (c)   your entitlement to utilise the services as offered by the PrestoPay.
  •  
  • For the avoidance of doubt, any e-money save and except for unutilised electronic monetary credits awarded to you through Presto App, as may be stored in your PrestoPay shall be transmitted to your Bank Account in the event of such termination of your Presto Account subject to the provisions stipulated in Clause 7.9, and you further agree that any and all consequences arising from such termination shall be borne by you.

 

7.9 You acknowledge and agree that the following provisions shall apply in the event of termination of your Presto Account either in accordance with Clause 7.6 or 7.7:

  • (a)   a fixed withdrawal fee of RM2.00 ("Withdrawal Fee") subject to SST at the prevailing rate;
  •  
  • (b)   the Withdrawal Fee and the applicable SST shall be deducted accordingly from your PrestoPay and the net after such deduction shall be transmitted into your Bank Account ("Balance Sum").
  •  
  • For avoidance of doubt, the refund of the Balance Sum shall be processed and transmitted into your Bank Account within ten (10) Business Days from the termination of your Presto Account in accordance with Clause 7.6 or your request for termination of your Presto Account in accordance with Clause 7.7, subject always to satisfactory security verification as may be deemed necessary by the Company from time to time and provided always that there are no pending disputes, claims or lawful reasons for the Company to hold or retain any sums; and
  •  
  • (c) the Company will not be able to complete the refund of any sums in your PrestoPay into your Bank Account in the event of insufficient sums in your PrestoPay for the deduction of the Withdrawal Fee and the applicable SST.

  •  

8.1   The Shopper and Buyer acknowledge that the Company is a facilitator for the relevant Product Listing and as such it will not be able to ensure that:

  1. a)   the Seller is the valid owner of the Seller Offering;
  2.  
  3. b)   the Seller has the right to sell the Seller Offering online in Malaysia;
  4.  
  5. c)   the Seller Offering conforms with all applicable laws and regulations in Malaysia;
  6.  
  7. d)   the Seller Offering conforms to the listed specifications, drawings, performance criteria and other descriptions referred to or provided on Presto App by the Seller;
  8.  
  9. e)   the Seller Offering is of merchantable quality and free from defects in terms of materials, performance, operation and workmanship;
  10.  
  11. f)   the price of the Seller Offering listed on Presto App is competitive;
  12.  
  13. g)   all information contained in the Content is concise, accurate and complete and no misleading information with respect to the Product Listing is included on Presto App; and
  14.  
  15. h)   no illegal or offensive content is inserted in the Content.

 

8.2   Notwithstanding the foregoing, the Company shall use all reasonable endeavours to procure that the Seller Offering does not contain any of the following:

  1. a)   items endangering the safety or health of the customer including but not limited to defective items or expired products;
  2.  
  3. b)   items containing pornography, nudity, adult material;
  4.  
  5. c)   items which are not in compliance with all applicable laws, including but not limited to Sale of Drugs Act, 1952, Food Act 1983, Consumer Protection Act 1999 and the Communications and Multimedia Act 1998;
  6.  
  7. d)   firearms or any hazardous weapons;
  8.  
  9. e)   counterfeit, replica and name brand knock-off products or products violating any intellectual property rights;
  10.  
  11. f)   black-market items, stolen items, or illegally imported items;
  12.  
  13. g)   items without authorisation of the relevant authorities which is required under applicable laws; and
  14.  
  15. h)   items with contents of political or religious elements, or that advocates violence towards any groups, individuals and cruelty towards animals.

 

8.3   The Buyer agrees to be bound by the terms of each Product Listing with respect to each Order and acknowledge that any purchases as may be carried out via Presto App are from the relevant Sellers and not Presto App or the Company.

9.1   The Buyer agrees and acknowledges that any purchase via Presto App is subject to the payment terms as may be prescribed by the relevant third-party payment providers as may be listed on Presto App from time to time and the Buyer shall be bound by the rules as may be imposed by such service provider from time to time.

 

9.2   The Buyer shall accept the return of Failed Fulfillment in accordance with the policies established by PrestoMall and PrestoMall will have the right to determine at its sole discretion whether the Buyer will receive a refund, adjustment, replacement or reimbursement.

 

9.3   The Buyer hereby understands and acknowledges that the Buyer’s failure to collect or redeem the Seller Offering from a designated location within a stipulated time frame as may be prescribed in the Product Listing shall result in forfeiture of the monies paid by the Buyer for the Seller Offering and the Buyer shall not be entitled to claim possession of the Seller Offering upon forfeiture. 

 

9.4   The Buyer hereby acknowledges and agrees that there shall be no refund on the confirmed purchase of prepaid reload for mobile numbers, online game credits and other digital content, payment of utilities, telecommunication service providers, local council and multimedia related payments and any other payments to service providers as may be expanded from time to time by the Company for any reason including but not limited to the following:

  1.  
  2. (a)   the Buyer requests or selects a wrong product; and/ or
  3.  
  4. (b)   the Buyer wrongly inputs relevant payment details including but not limited to mobile number, account number, reference number and/or transaction amount, as the case may be.

10.1  If you are a subsisting PrestoMall Account user, you may elect to link your Presto Account with your PrestoMall Account by logging in to your Presto Account or PrestoMall Account which shall redirect you to account binding page.

 

10.2  The linkage of your Presto Account and PrestoMall Account shall enable you to:-

(a) have access to your PrestoMall Account information on Presto App, including but not limited to "List of Recently Viewed Products", "Voucher Redemption", "Entry To Redirect To PrestoMall Wishlist", "Orders" and "Shopping Cart", and

 

(b) view your Presto Account number on your PrestoMall Account under "My Page" feature.

 

10.3  Notwithstanding that you have agreed to link both your Presto Account and PrestoMall Account, you shall retain your respective log in credentials for Presto App and PrestoMall.

 

10.4  In the event that you decide to unlink both your Presto Account and PrestoMall Account, you may contact either Presto Care as set out in Clause 16 below or the operator of PrestoMall, Presto Mall Sdn. Bhd. for such unlinking of accounts.

 

10.5 . You agree to be bound by this Terms of Use and PrestoMall's term of use in respect of such linkage of Presto Account and PrsetoMall Account. 

You acknowledge that Presto App and its entire contents are owned by the Company, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

12.1   The Company undertakes, represents and warrants that:

  1. (a)   it will use and process your Personal Data for the purpose of the execution of the transaction in relation to the Order placed by you, your PrestoPay Transaction, PrestoPay Credits Transactions and/or linking your Presto Account with PrestoMall Account pursuant to Clause 9 only and shall not disclose it to third parties irrelevant to the execution of the transaction in relation to the Order placed by you, your PrestoPay Transaction, PrestoPay Credits Transactions and/or linking your Presto Account with PrestoMall Account;
  2.  
  3. (b)   it will use and process your Personal Data in accordance and in compliance with the requirements under the applicable personal data protection laws; and
  4.  
  5. (c)   it will implement security measures to ensure that the Personal Data are securely kept and maintained as required by the applicable personal data protection laws.

 

12.2   For a complete description of how the Company uses and protects your personal data, please refer to the Privacy Policy.

 

12.3   By utilising Presto App (including content, features, links, services and tools) and your continuous access of Presto App, you represent that you have read, understood, accepted and agreed to be bound by all the terms and conditions stipulated in the Privacy Policy. If you object to your personal data being used in the ways described in the Privacy Policy, we strongly advise against the utilisation of Presto App.

13.1   You hereby undertake and warrant the following:

  1. (a)   to comply with this Terms of Use as may be amended from time to time in accordance with Clause 20;
  2.  
  3. (b)   to comply with all applicable laws of Malaysia applicable to Presto App including but not limited to the Communication and Multimedia Act 1998, Financial Services Act 2012, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, Unclaimed Moneys Act 1965 and its subsidiary legislation, ordinances, codes, rules, regulations, notices, instructions or directives of the relevant authorities which may be amended from time to time;
  4.  
  5. (c)   to comply with all notices or instructions given by the Company through Presto App from time to time;
  6.  
  7. (d)   not to fraudulently utilise Presto App which may result in the Company and/or Presto App being responsible for any liability that may arise from such fraudulent activity; 

    (e)   to keep your PIN for your Presto Account confidential at all times and shall take steps to prevent disclosure of your PIN to any third party; and
  8.  
  9. (f)   not to use and to take all reasonable steps to prevent the use of Presto App for any fraudulent, improper or illegal activity under all applicable and relevant laws.

 

13.2   You shall not:

  1. (a)   use Presto App for any unlawful purposes or fraudulent activity including but not limited to vice, gambling or facilitating the commission of criminal activities whatsoever including but not limited to terrorism financing, money laundering or any other unlawful and illegal activities;
  2.  
  3. (b)   use Presto App for any purpose which is against public interest, public order or national harmony;
  4.  
  5. (c)   use, permit or cause to be used Presto App improperly or for any activities which breach any laws, regulations, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require the Company to take remedial action under any applicable industry code or in a way interferes with other Shoppers or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying Presto App or the internet;
  6.  
  7. (d)   circumvent the Shopper authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any Shopper, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other Shoppers into thinking that they are reading the Company’s legitimate web pages (referred to as “page-jacking”), or using Presto App for any unlawful or objectionable conduct. Shoppers who violate the systems or network security may incur criminal or civil liability and the Company will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
  8.  
  9. (e)   avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any other third-party (including other Shoppers) to safeguard Presto App;
  10.  
  11. (f)   forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Presto App to send altered, deceptive or false source-identifying information;
  12.  
  13. (g)   attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Presto App;
  14.  
  15. (h)   interfere with, or attempt to interfere with, the access of any Shopper, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing Presto App;
  16.  
  17. (i)   collect or store any personally identifiable information of other Shoppers from Presto App without their express permission; or
  18.  
  19. (j)   directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid interfere with, or circumvent any copyright, trademark or any digital rights management mechanism, device or other content protection or access control measure associated with Presto App including geo-filtering mechanisms.

14.1   Presto App is provided on an “as is” and “as available” basis and the Company disclaims all liability and responsibility and makes no express or implied representations or warranties of any kind in relation to the provision of features and functionality of Presto App including but not limited to:

  1. a)   availability, accessibility, timeliness and uninterrupted use of Presto App; and/or
  2.  
  3. b)   sequence, accuracy, completeness, timeliness or the security of any data, information provided to you as part of the features and functionality of Presto App.
  4.  

14.2   The Company shall use all reasonable endeavours to ensure that Presto App is secure and cannot be accessed by unauthorised third parties but does not warrant the security or confidentiality of any information transmitted through Presto App.

 

14.3   The Company shall not in any event be liable or responsible to you and/or any third party for any costs, loss or damages whether arising directly or indirectly, or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of including but not limited to the insolvency of the Company, stolen e-money instruments, fraudulent transactions or your usage of Presto App.

 

14.4   While the Company undertakes reasonable care to ensure that the features and functionality as provided by Presto App is uninterrupted and that transmissions will be error-free and that the security of Presto App is safeguarded within the Company’s control, due to the nature that the functionality of Presto App is reliant on connectivity, the Company shall be unable to provide any guarantees in this regard.

15.1   You agree to fully indemnify and hold the Company (and its Affiliates, employees, representatives and agents) harmless against any and all claims brought by any person resulting from the use of Presto App by you and in respect of all losses, expenses (including reasonable legal costs and expenses), actions, proceedings, claims, damages, costs, or liabilities whatsoever suffered or incurred directly or indirectly by the Company in consequence of such use of Presto App or your breach or non-observance of the provisions of this Terms of Use.

 

15.2   Pursuant to Clause 14.1 you shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against the Company arising from the above claims and shall provide the Company with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.

 

15.3   Notwithstanding anything to the contrary contained herein, the maximum liability of the Company is as follows:

(a)   the maximum liability of the Company pursuant to the PrestoPay shall not exceed an amount equivalent to the aggregate sum of the balance in your Presto Wallet; and

(b)   the maximum liability of the Company pursuant to a Product Listing shall be up to the full selling price of the Order, at the date on which your claim arises.

16.1   The Company may at its absolute discretion immediately terminate, interrupt or suspend your usage of Presto App or change the procedures of operation without giving any reason or notice thereof.

 

16.2   Subject to Clause 15.1, the Company reserves the right at its absolute discretion and at any time to immediately suspend, interrupt or terminate your use of Presto App for any reason without advance notification, including but not limited to any of the following circumstances:

  1. a) if in the opinion of the Company, you have indulged in any dishonest, fraudulent, illegal and/or criminal conduct or misrepresentation. Such dishonest, fraudulent illegal and/or criminal activity shall be reported to the relevant authorities including but not limited to the police department, Bank Negara Malaysia and/or Malaysian Communications and Multimedia Commission, where applicable;
  2.  
  3. b) if you are in breach of any of the provisions of the Terms of Use or of any acts, statutes, laws, by-laws, rules and/or regulations imposed by any party, regulatory body and government agency in relation to your use of Presto App;
  4.  
  5. c) if you have submitted false documents or declared false information in your registration or KYC Process for Presto App; or
  6.  
  7. d) the Company is of the opinion that your utilisation of the features and functionality of Presto App is prejudicial to the Company’s interest or you have acted in bad faith or with malicious intent to harm the usage of Presto App.

 

16.3  Without limitation to the foregoing, if the Company has reasonable grounds to believe that you are in breach of any of the provisions of this Terms of Use, the Company reserves the right in its sole and absolute discretion to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing, or if so requested by any law enforcement authorities or court order, the Company has the right to disclose the identity or other information of anyone posting any materials on or through Presto App.

For further information, further enquires and complaints in respect to Presto App, you may contact Presto Care at support@prestouniverse.com or select "chat with us" function in the Presto App to initiate a live chat. Our live chat service is available daily from 10:00 a.m. to 7.00 p.m. including weekends and public holidays, which may be subject to changes from time to time without notice to you.

This Terms of Use is governed by and is to be construed in accordance with the laws of Malaysia.

A single or partial exercise or waiver of any right relating to this Terms of Use does not prevent any other exercise of that right or the exercise of any other right unless acknowledged and agreed by the Company in writing.

20.1   The illegality, invalidity or unenforceability of any provision of this Terms of Use under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction, nor the legality, validity or enforceability of any other provision.

 

20.2   If a provision in this Terms of Use is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down the provision as required in this clause, that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in the Terms of Use.

21.1   The Company reserves all rights and may at any time vary, revise, change, amend, withdraw, substitute or remove any of this Terms of Use.

 

21.2   Any such amendment shall be effective twenty-one (21) days after the revised Terms of Use or any such amendment have been posted on Presto App and such revised Terms of Use shall be binding on you.

 

21.3   The continued use of Presto App following twenty-one (21) days after the posting of the revised Terms of Use and/or notification of any such variation, revision, change, amendments, withdrawal, substitution or removal of this Terms of Use shall be deemed to constitute your acceptance with no expression of any reservation by you.

(a)   Pursuant to the Personal Data Protection Act 2010, the Company hereby notifies you that due to the nature of the services provided, it is necessary for the Company to collect and to process your personal information which has been furnished by you for the purposes of facilitating the usage of the services as provided by Presto App.

 

(b)   Your personal information may be further disseminated and processed by the Company and by regulatory authorities or such other relevant third parties, where applicable. Should you elect to link your Presto Account with your PrestoMall Account and BIG Loyalty account pursuant to Clauses 5 and 10 respectively, you hereby consent to the Company sharing your personal information to Presto Mall Sdn. Bhd. and BIGLIFE Sdn.Bhd. (whichever applicable) and the processing of such personal information by Presto Mall Sdn. Bhd. and BIGLIFE Sdn.Bhd. (whichever applicable) for processing and fulfilling your request for linking Presto Account and PrestoMall Account and BIG Loyalty account (whichever applicable).

 

(c)   You have the right to request for access to and/or to update and correct your personal information and such request or other inquiries shall be made in writing to the Company.

 

(d)   You consent to the obtaining of your personal information is required in order for the Company to process your application for the utilisation of the services as provided by Presto App.

 

(e)   Your continuous usage of the services provided by Presto App shall be deemed as consent for the Company to collect, process and store your personal information accordingly whereby failure to consent to the process may result in the Company being unable to establish, continue or provide the services to you via Presto App.

 

(f)   For further clarification, kindly contact Presto Care at support@prestouniverse.com.

 

(g)   This Personal Data Protection Notice has been issued in both English and Bahasa Malaysia. In the event of any inconsistencies or discrepancies between the English version and the Bahasa Malaysia version, the English version shall prevail.

 

By clicking accept, you hereby acknowledge this notice and further agree and authorise the Company and Presto App to collect and process your personal information including but not limited to recording, storing, organisation, adaptation, alteration, correction, erasure, retrieval, use of your personal information to disclose, divulge, disseminate or transmit your personal information to any third parties as the Company may in its absolute discretion deem necessary.

(a)   Notis Perlindungan Data Peribadi ini dikeluarkan oleh PRESTO PAY SDN BHD (REGISTRATION NO. 200701037789) (795818-U) (“PRPMY”)  menurut Akta Perlindungan Data Peribadi 2010 untuk memaklumkan pengguna-pengguna aplikasi yang dicipta oleh PPSB iaitu, Presto App bahawa tujuan Notis Perlindungan Data Peribadi ini adalah untuk mengumpul dan memproses penggunaan data peribadi anda bagi memudahkan penggunaan perkhidmatan yang ditawarkan oleh Presto App.

 

(b)   Harap maklum bahawa, PPSB akan memproses data peribadi anda yang mungkin akan didedahkan, disebarkan atau diproses oleh PPSB dan pihak berkuasa kawal selia atau pihak ketiga yang berkaitan, jika berkenaan. Sekiranya anda memilih untuk mempautkan Presto Account dan PrestoMall Account dan BIG Loyalty account anda berikutan dengan Fasal 5 dan 10 masing-masing, anda bersetuju bahawa kami boleh berkongsi data peribadi anda kepada Presto Mall Sdn. Bhd. dan BIGLIFE Sdn. Bhd. (mana yang berkenaan) dan pemprosesan data peribadi anda oleh Presto Mall Sdn. Bhd. dan BIGLIFE Sdn. Bhd. (mana yang berkenaan) bagi memenuhi permohonan anda untuk mempautkan Presto Account dan PrestoMall Account dan BIG Loyalty account anda (mana yang berkenaan). 

 

(c)   Anda berhak untuk memohon akses bagi tujuan mengemaskini dan memperbetulkan data peribadi anda sekiranya terdapat apa-apa perubahan kepada maklumat peribadi yang disimpan oleh PPSB di mana permohonan sebegitu akan dibuat secara bertulis kepada PPSB.

 

(d)   Anda mengakui bahawa maklumat peribadi anda perlu dikumpul dan diproses oleh PPSB bagi tujuan menyediakan perkhidmatan yang ditawarkan oleh Presto App dan anda bersetuju kepada pengumpulan dan pemproses data peribadi anda bagi tujuan yang dinyatakan.

 

(e)   Anda mengakui bahawa pengunaan perkhidmatan yang ditawarkan oleh Presto App yang berterusan akan dianggapi sebagai persetujuan bagi PPSB untuk mengumpul, memproses and menyimpan data peribadi anda dengan sewajarnya di mana kegagalan untuk bersetuju kepada proses itu mungkin akan menyebabkan PPSB tidak dapat atau tidak mampu menyediakan atau menawarkan perkhidmatan Presto App kepada anda.

 

(f)   Untuk pertanyaan, permohonan maklumat atau penjelasan selanjutnya, sila hubungi Presto Care di support@prestouniverse.com

 

(g)   Notis Perlindungan Data Peribadi ini diterbitkan dalam Bahasa Inggeris dan Bahasa Malaysia. Sekiranya terdapat sebarang ketidakseragaman atau percanggahan di antara versi Bahasa Inggeris dan Bahasa Malaysia, versi Bahasa Inggeris akan digunapakai.

 

Dengan mengklik terima, anda mengakui Notis Perlindungan Data Peribadi ini dan bersetuju dan memberi kebenaran kepada PPSB dan Presto App untuk mengumpul dan memproses data peribadi anda termasuk tetapi tidak terhad kepada rakaman, penyimpanan, penyusunan, penyesuaian, pengubahan, pembetulan, pemadaman, pengambilan, pengunaan maklumat peribadi untuk penyebaran, pendedahan, penyebaran atau penghantaran maklumat peribadi anda kepada mana-mana pihak ketiga mengikuti budi bicara mutlak PRPMY.

The Terms of Use – JDX Presto Fridge apply to any Shopper who purchases goods via the JDX Presto Fridge. The Terms of Use – JDX Presto Fridge shall be read together with Terms of Use – Presto App and Presto App’s Privacy Policy (collectively “Terms and Conditions”). You hereby acknowledge that you have read, understood and accepted the Terms and Conditions and by using Presto App to purchase goods from JDX Presto Fridge, constitutes your unconditional acceptance to be bound by the Terms and Conditions, which may be amended from time to time.

1.1 Definitions

 

JDX Presto Fridge”: means a fridge consisting of various goods sold by Merchants where payment is made via QR Code Payment;

 

Outstanding Purchase Amount”: shall have the meaning as ascribed in Clause 2.3;

 

Privacy Policy”: means the Privacy Policy currently in force in Presto App;

 

Stipulated Period”: shall have the meaning as ascribed in Clause 2.3;

 

Terms and Conditions”: means, collectively, the Terms of Use – JDX Presto Fridge, Terms of Use – Presto App and Presto App’s Privacy Policy;

 

Terms of Use - Presto App”: means the Terms of Use of Presto App currently in force in Presto App; and

 

Total Purchase Amount”: shall have the meaning as ascribed in Clause 2.1(e).

2.1 The mechanics to purchase goods from JDX Presto Fridge shall be as follows:

 

a. Step 1: The Shopper shall log on to his/her Presto Account;

 

b. Step 2: The Shopper shall ensure that his/her Presto Account contains a minimum of Ringgit Malaysia Twenty (RM20.00) in his/her PrestoPay or PrestoPay Credits in order to unlock the JDX Presto Fridge;

 

c. Step 3: The Shopper shall scan a quick response code which is displayed on the JDX Presto Fridge using his/her Presto App and provide his/her PIN or Biometric Verification, to unlock the JDX Presto Fridge. For the avoidance of doubt, the PIN or Biometric Verification is required to be provided one (1) time only, i.e. at the Shopper’s first unlock of JDX Presto Fridge.

 

d. Step 4: When the JDX Presto Fridge is unlocked, the Shopper will be able to choose the goods available for purchase by removing the goods from the JDX Presto Fridge; and

 

e. Step 5: The total purchase amount for the goods purchased via the JDX Presto Fridge shall be deducted automatically from the Shopper’s PrestoPay or PrestoPay Credits after the door is closed (the “Total Purchase Amount”).

 

 

2.2 The goods purchased via the JDX Presto Fridge shall be on an “as is” basis and shall be non-refundable and non-exchangeable.

 

2.3 In the event that the Shopper has insufficient PrestoPay or PrestoPay Credits to pay for the Total Purchase Amount, the Total Purchase Amount shall be deemed as an outstanding purchase amount due and owing to PRPMY (“Outstanding Purchase Amount”). The Shopper shall make payment of the Outstanding Purchase Amount by reloading his/her PrestoPay or PrestoPay Credits (whichever is applicable) within three (3) days from the purchase date (“Stipulated Period”). In the event that the Shopper neglects, omits, refuse and/or fails to make payment of the Outstanding Purchase Amount within the Stipulated Period, PRPMY shall be entitled to deduct the Outstanding Purchase Amount automatically from PrestoPay or PrestoPay Credits (whichever is applicable) upon sufficient amount of PrestoPay or PrestoPay Credits being reloaded, without any further notice to the Shopper.

 

2.4 Notwithstanding Clause 2.3, PRPMY expressly reserves all of its rights and remedies to initiate and/or take the necessary actions deemed appropriate by PRPMY against the Shopper in the event such Outstanding Purchase Amount, whether in full or in part, remains unpaid by the Shopper for whatsoever reason. 

3.​​​​​​1 The Terms of Use – JDX Presto Fridge shall be governed by and construed in accordance with the laws of Malaysia.

 

3.2 The Shopper shall indemnify and keep indemnified in full, PRPMY, its officers, directors, employees, agents and representatives against all losses, costs, expenses, damages, liabilities fines, penalties, demands or claims of any nature whatsoever that may be suffered by or incurred by PRPMY, its officers, directors, employees, agents and representatives as a result of (whether directly or indirectly) any of the following (without limitation) :-

 

  1. a. any act, omission, breaches, default, negligence, mistake or fraud on the part of the Shopper; or

 

  1. b. any breach of the Terms and Conditions by the Shopper.

 

3.3 In no event shall PRPMY be liable to the Shopper for any losses or damages suffered or which may be suffered by the Shopper in any manner whatsoever.

 

3.4 The Shopper hereby agrees and consents to PRPMY processing his/her personal data in accordance with PRPMY’s Privacy Policy available on Presto App.

 

​​​​​​​3.5 In the event of any inconsistencies between the Terms of Use – JDX Presto Fridge and Terms of Use – Presto App, the Terms of Use – JDX Presto Fridge shall prevail in respect of the inconsistencies.

 

​​​​​​​3.6 All capitalized terms not defined herein shall have the same meaning as defined in Terms of Use – Presto App.

 

​​​​​​​3.7 A single or partial exercise or waiver of any right relating to this Terms of Use – JDX Presto Fridge does not prevent any other exercise of that right or the exercise of any other right unless acknowledged and agreed by PRPMY in writing.

 

​​​​​​​3.8 Illegality and Severability of Provisions

 

  1. a. ​​​​​​​The illegality, invalidity or unenforceability of any provision of this Terms of Use – JDX Presto Fridge under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction, nor the legality, validity or enforceability of any other provision.

 

  1. b. If a provision in this Terms of Use – JDX Presto Fridge is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down the provision as required in this clause, that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in the Terms of Use – JDX Presto Fridge.

 

​​​​​​​3.9 PRPMY reserves all rights and may at any time vary, revise, change, amend, withdraw, substitute or remove any of this Terms of Use – JDX Presto Fridge, without any prior notice to the Shopper.