T&C

Terms & Conditions of Use

This mobile application and its associated software (“Mobile App”) are supplied by Presto Technology Sdn Bhd [Registration No. 201501034702 (1160022-T)] (hereinafter referred to as “Presto”, “Company”, “we”, “our” or “us”).

By accessing or using this Mobile App on which these terms are posted or referenced, you are deemed to have read, understood, accepted and agreed to be bound by each term and condition herein contained (“Terms and Conditions”). This Terms and Conditions constitute a binding agreement between you and Presto.

Article 1 – Acceptance of Terms

  • Scope of Terms and Conditions

1.1.1    These Terms and Conditions are to be read together with the following documents:

  • Cancellation, Exchange, Return and Refund Policy;
  • Privacy Notice; and
  • all other policies as published on the Mobile App from time to time,

(collectively, “Policies”).

1.1.2    The terms of the Policies are part of these Terms and Conditions by reference, and collectively represent a legally binding agreement between you and the Company. For the avoidance of doubt, in the event of any inconsistency, the terms and conditions in this Terms and Conditions shall prevail.

1.1.3    For the avoidance of doubt, a general reference to Terms and Conditions herein shall where applicable include the terms and conditions in the Policies.

  • Use of the Mobile App
  • By accessing, browsing and/or using the Mobile App, you are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.
  • You must not access and/or use the Mobile App if you are not agreeable to any of the Terms and Conditions.
  • You agree to use the Mobile App at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that you may suffer therefrom.
  • Where, in using or accessing the Mobile App, any of your actions cause any losses to the Company, you shall be liable for and shall compensate the Company for all costs and expenses incurred or suffered. In the event of any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.
  • Use of Personal Data

 

  • For a complete description of how the Company uses and protects your personal data, you may refer to the Privacy Notice.
  • By continuing to access and use the Mobile App, you are deemed to accept the terms of the Privacy Notice. Please do not use the Mobile App if you object to your personal data being used in the ways described in the Privacy Notice.

 

  • Amendment of Terms and Conditions and Policies

 

  • The Company shall be entitled at any time and from time to time, to modify, amend or change the Terms and Conditions and/or Policies as appropriate and at our sole and absolute discretion. Any such amendments shall be effective immediately upon posting of the same on the Mobile App and shall supersede the previous versions.
  • Please cease to use the Mobile App if you are not agreeable to any amendments or modifications of the Terms and Conditions and/or Policies. You agree to use the Mobile App at your own risk, and your use of the Mobile App following any amendment or modification of the Terms and Conditions and/or Policies constitutes your agreement and acceptance to be bound by the same.
  • We do not take any responsibility or agree to indemnify you for losses you suffer arising from any of the modified Terms and Conditions and/or Policies and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.

 

Article 2 – Use of Mobile App

  • Compliance

 

  • As a condition of your use or access to the Mobile App, you agree that:
  • Compliance with law. You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:-
  • committing fraud, for example by making purchases on the Mobile App using another person’s identity, credit card or bank account; or
  • distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities;
  • Compliance with Terms and Conditions. You shall comply with these Terms and Conditions and our Policies. In addition, your access and usage of the Mobile App, regardless if a purchase is made, shall be subject to the terms and conditions imposed by the operator of the TNGD Mobile Payment App;
  • Uploading and Use of Contents. You shall not upload, post, reproduce, encourage, promote or facilitate the use of any information, text, images, graphics, video clips, sound, directories, files, databases or listings made available via the Mobile App (“Contents“):
  • which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or
  • which infringe or misappropriate the Intellectual Property Rights of the Company or other third parties;
  • Resale of Services and Contents. You shall not copy, reproduce, compile, modify, distribute or resell any Contents, or otherwise exploit the same for commercial purposes;
  • Use of Personal Data. You shall not collect or post personal information about other users of the Mobile App, including email addresses, without their consent;
  • Abusive Behaviour. You shall not use or access the Mobile App or manipulate the Mobile App’s associated software, system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:
  • exploiting or attempting to exploit any benefits provided by the Company, (including but not limited to discounts and/or Coupons) by placing an order of a Product with no intention to complete the purchase;
  • taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Mobile App or using it for purposes unrelated to the Mobile App);
  • Disruption of Mobile App. You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Mobile App or the Company’s operations and/or business, including but not limited to:
  • distributing viruses or any other technologies that may harm the Mobile App;
  • undertaking any action to undermine the integrity of, or gain access to, the Mobile App’s system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Mobile App (“System“);
  • monitoring data or traffic on the System or conducting crawling of the System without the Company’s permission;
  • engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks;
  • engaging in any behaviour that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;
  • Acting in Good Faith. You shall conduct yourself in accordance with good public order and morals, and shall refrain from:
  • persistently raising complaints without any reasonable grounds or justification;
  • repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or
  • engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.

 

  • The Company may, without notice, delete postings or restrict, terminate or prohibit you from using and/or accessing the Mobile App or take any other measures it deems fit on the occurrence of a breach of any of the conditions specified under Article 2.1.1

 

  • Liability for Third Party Websites

 

The Company shall have no liability whatsoever in the event the Company posts any information provided by its partners, or provides reference information or contents provided by a third party at the Mobile App or links on the Mobile App for your convenience, and you visit such third party sites at your own risk.

 

  • Suspension of the Mobile App

 

2.3.1   The Company may restrict or temporarily suspend the provision of all or part of the Mobile App to you due to:

  • maintenance work on the Mobile App;
  • the occurrence of power or communications outage;
  • technical problems on the part of our third party suppliers or partners;
  • the occurrence of a natural disaster, act of terrorism or other force majeure events; and/or
  • any other reason(s) that the Company may deem necessary for such suspension.

Upon the suspension of the Mobile App, the Company may post a notification on the Mobile App on the suspension of the Mobile App as soon as reasonably practicable

2.3.2  The Company shall not be liable for any damages or losses that you or any third party may suffer or sustain as a result of any restriction or temporary suspension of the Mobile App in accordance with the terms of these Terms and Conditions.

 

Article 3 – Purchase of Products

3.1     Offer and Acceptance

3.1.1    Any and all information on the Mobile App, including the prices and details, constitutes an invitation to treat (an invitation for you to make an offer to form a contract with us), and is not considered a binding offer.

3.1.2   Where you place an Order and make payment for the same on the Mobile App, you are actually making an offer to purchase the Products from the Company, based on the information and description of the Product applicable at the time of purchase.

3.1.3   Whilst the Company endeavour to make every effort to supply Products ordered, the Company shall only be legally bound to do so when the Company confirms acceptance of your offer via the Mobile App. An Order is deemed accepted and a binding contract is in place only when you receive a confirmation notice via the Mobile App containing the details of your Order.

3.1.4   In the event of an electronic, computer, operational and/or technical error affecting details and pricing of a Product or any promotion on the Mobile App, the Company reserves the absolute right to rectify such error and/or cancel any Transaction which has been entered into in reliance on the said error. You agree and understand that your remedy in the event of any cancellation made pursuant to this Article 3.1.4 is the refund of the amount paid by you in respect of any such cancelled Transaction. Nothing in this Article shall entitle you to further or additional compensation, and you shall have no right to insist on the completion of the Transaction and/or delivery of the Products under the Order.

3.2     No Guarantee

3.2.1   Unless stated otherwise, the Company does not warrant:

  • the existence, quality, completeness, appropriateness, safety, suitability, reliability, accuracy or legality of any Product. All visuals shown on the Mobile App are for illustration purposes only;
  • the Product(s) sold are free of allergens. The Company is not obligated to provide ingredient information and allergen information on the Mobile App;
  • whether a Product infringes the rights of any other third party;
  • the truthfulness, accuracy or legality of any pictures and/or information posted in respect of a Product; or
  • that all Transactions will be completed.

3.2.2  You agree to bear all liabilities and risks relating to the Transactions. As such, before proceeding with any transaction on the Mobile App, you must make your own independent assessment and determination regarding the statements, Product descriptions and other specific terms and conditions imposed regarding refunds, exchanges and returns (if any).

3.2.3  A minor, being a person below the age of 18, cannot purchase any Products without the consent of his parents or legal guardian. Any transaction entered into without such consent may be cancelled by the Company or the parents or legal guardian, as the case may be.

3.3     Placing of Order

3.3.1   You understand that any Order that you make through the Mobile App shall be subject to actual product availability, on a “while stocks last” basis and delivery location availability, notwithstanding the availability as indicated on the Mobile App. If you place an Order to purchase a Product on the Mobile App and the Order is accepted by the Company, you are obligated to complete the Transaction with us and to be bound by such additional terms and conditions specified by us the Mobile App, unless:

  • the Transaction is prohibited by law or these Terms and Conditions;
  • ’there has been a material change made to the Product’s description or the Product does not conform to the Product’s description; or
  • a manifest error exists in the Product listing information which materially affects the terms of the sale.

3.3.2  Prior to placing an Order, you are required to input a complete and accurate address or location for the Mobile App to display the participating Presto outlets available within the relevant delivery area. Once you have selected a Presto outlet, you may proceed to select the Product(s) indicated as available and add the Product(s) to the shopping cart, subject to Article 3.3.1 above.

3.3.3  To complete and Order, you are required to follow the instructions on screen after clicking “Add to Cart”. You may be required to provide additional details for us to complete your Order, this includes but not limited to your contact details and delivery address. You are required to review and confirm that all the information provided are complete, accurate and truthful. Such information includes the Product purchased, quantity, amount, delivery details, personal details, Promotions / Vouchers (if applicable) etc. before you click “Place Order”. Thereafter, you will be redirected to the payment page of your TNG eWallet to make payment for the Order.

3.3.4  You may check the status of the Order by clicking “My Order” on the Mobile App. An Order is successfully placed when you receive a confirmation notice via the Mobile App containing the details of your Order (“Confirmation”). We will also notify you via the Mobile App if the Order is rejected.

3.3.5  Please contact us immediately in the following circumstances:-

  • if you wish to cancel the Order after it has been placed or after receiving the Confirmation; or
  • if you have provided incorrect information / details of the Order.

However, you shall not be entitled to cancel or change the Order once the status of the Order on the “My Order” page has changed to “Order in Preparation” (“Order Preparation Notification”). We may reasonably attempt to cancel the Order or amend the information / details of the Order where feasible or commercially reasonable (as determined at the sole discretion of the Company), though we shall not be held responsible in the event the Order cannot be cancelled or amended due to any reason whatsoever and shall not be liable for any loss or damage arising from non-cancellation or non-amendment of the information / details of the Order and you remain liable to pay the total outstanding amount on the Order.

3.3.6  We might reasonably attempt to comply with your special instructions for an Order. However, in some cases where that is not feasible or not commercially reasonable (as determined at the sole discretion of the Company), we reserve the right to prepare the Order in accordance to its applicable standard operating procedures and we shall not be held liable to replace or refund an Order which does not comply with your special instructions.

3.3.7  The Company shall not be obligated to provide ingredient information or allergen information on the Mobile App.

 

3.4    Prices and Mode of Payment

 

3.4.1   Prices of the Products quoted on the Mobile App for delivery may vary and are subject to changes without prior notice. All prices shown on the Mobile App are in Ringgit Malaysia (RM) and subject to applicable tax (if any).

3.4.2  Please note that all payment for Products purchased on the Mobile App shall only be made via the TNGD Mobile Payment App, subject to all terms and conditions imposed by the operator of the TNGD Mobile App and provided always that your TNG eWallet contains sufficient funds at the point of payment. Upon your placement of Order in accordance with Article 3.3.3 above, you will be redirected to the payment page of TNG eWallet to make payment in order to complete your Order. In the event of any cancellation or refund, the refund shall be made to your TNG eWallet subject to the terms and conditions imposed by the payment service provider (in this context, the operator of TNG eWallet) and the Cancellation, Exchange, Returns and Refunds Policy.

3.4.3  All payment shall be made at the point of placing an Order, before the Product(s) can be delivered. If the payment cannot be processed or is incomplete, the Order will not be accepted and no Confirmation will be provided by the Company.

3.4.4  When making payment, you must only use payment method that is made available to you, and shall not fraudulently use any means of payment under another party’s name. Pursuant to the same, we reserve the right to take all such actions to review any payment Transactions and where deemed necessary, to suspend the processing of such Transactions until our investigations are complete. You agree to be responsible for all damages and losses suffered or sustained by the Company and the owner of such payment methods, which arise out of any fraudulent actions discovered under this Article.

3.4.5  The Company is not liable for any issues arising from the payment process. You are advised to contact your card issuer / bank / e-wallet provider to resolve any issue concerning the use of your card / online bank transfer / e-wallet in order to continue with the Order.

3.4.6  The Company shall not be liable for any credit card / debit card / online bank transfer / e-wallet fraud or abuse.

 

Article 4 – Delivery of Products

4.1     Relationship

All Products successfully purchased by you will be delivered to you by independent third-party delivery service provider (“Delivery Service Providers”). You acknowledge and agree that such Delivery Service Providers are neither your agent nor the agent of the rider or employee, agent or representative of the Company,  and you further acknowledge and agree that such Delivery Service Providers (including its respective riders) are third party independent contractors who are merely facilitating the Products made available on the Mobile App. In this regard, to the fullest extent permitted by the law, the Company shall in no event be held responsible or liable for any losses, damages, rights, claims or cause of action of any kind incurred, suffered, sustained by you or any third party as a result of any conduct, act or omission including the negligence or default arising from the Delivery Service Providers or the riders of the Delivery Service Providers.

4.2    Proper Delivery Address

Delivery of the Products shall be made to the address specified by you in your Order. You agree to bear the risk for any Products wrongly delivered due to incorrect details provided by you.

4.3    Factors Affecting Delivery

4.3.1   You may check the estimated delivery time of the Order by clicking “My Order” on the Mobile App. You acknowledge that the delivery time provided is only an estimate and the Order may be delivered earlier or later depending on factors beyond the Company’s or the Delivery Service Provider’s control including but not limited to distance, time of the day (peak periods), weather conditions, traffic conditions, road accidents, unforeseen incidents or any Force Majeure Events.

4.3.2  Delivery may not be available during certain day(s) or time(s) due to factors beyond our control including but not limited to peak period, unavailability of the Delivery Service Providers, staff shortages, weather conditions, road accidents or any other unforeseen circumstances.

4.4    Delivery Fees

         Delivery fees may vary depending on your delivery address and location

4.5    Liability

The Company shall not be held liable for any delayed, unsuccessful or failed delivery of Order that encounter delivery issues due to reasons caused by you or the Delivery Service Providers and no re-delivery or refund is allowed. This includes but not limited to:-

  • any fraud, incorrect or incomplete details including contact details, payment details and delivery address;
  • no one was present or available at the delivery address to receive the Order;
  • lack of suitable or secure location to leave the Order;
  • you or the recipient did not meet the statutory requirements to receive the Products;
  • any loss, damage, contamination or detention of Product caused during the delivery process; or
  • late delivery by the Delivery Service Providers.

4.6    Contact Us

Subject to the Cancellation, Exchange, Return and Refund Policy, please contact us immediately in the following circumstances:

  • upon receipt of your Order, you discover that there are issues with your Order such as wrong products, expired products, defective products, missing products or delivery services made unavailable; or
  • if you have not received your Order within three (3) hours from receiving the Confirmation.

Article 5 – Cancellation, Returns, Exchange and Refund

All Products offered and sold on the Mobile App would be subject to the Cancellation, Exchange, Return and Refund Policy.

Article 6 – Coupon

 

6.1     Issuance and Use

6.1.1   You are only entitled to use a Coupon for your own purchases on the Mobile App and the Coupon shall not be sold or transferred to any other person. Coupon is non-exchangeable, non-refundable and cannot be exchanged for cash.

6.1.2   Use of a Coupon may be restricted and only be applicable for certain Products in certain categories or subject to a minimum or stated amount/value of purchases. Coupons may not be used after the respective expiry date. Coupons are not reusable in the event a refund is made due to cancellation or the return of a Product.

6.2    Cancellation of Coupon

 

6.2.1   If your Order is cancelled, your Coupon will be automatically reissued provided that the cancellation occurs within the Coupon validity period.

6.2.2  The reissued Coupon will be valid for the remainder of the original validity period and the Company will not entertain any request for extension of the validity period for the reissued Coupon. It shall be your responsibility to track the validity period of the Coupons and no request for reissue or extension of validity period of expired Coupons will be entertained.

6.2.3  Notwithstanding the aforementioned, the Company reserves the right to cancel a Coupon and/or amend the terms and conditions applicable for Coupons at its sole and absolute discretion.

Article 7 – Feedback and Review System

 

7.1     Submission of Feedback 

7.1.1    Upon purchasing a Product, you may submit your review of such Product via the feedback and review mechanism provided on the Mobile App, which can be in the form of writing, image and/or video clip. Your feedback on the level of satisfaction with the Product will contribute to the rating of the Products on the Mobile App.

7.1.2   If you submit or post a review of a Product, such review shall be made publicly available. You shall be solely responsible for your review and the Company is not responsible to ascertain whether any opinion expressed is true. As such, you should ensure that any review posted is fair and not unlawful.

7.2    Right to Remove Feedback

 

Notwithstanding the aforementioned, if the Company is of the view that your published review of the Product is not appropriate for public disclosure or is defamatory or likely to violate the law or breach these Terms and Conditions, the Company shall be entitled to delete such review at its sole and absolute discretion and without notice to you

Article 8 – Disputes Resolution

 

8.1     Discussions in Good Faith

 

In case of any disputes relating to the purchase and sale of the Products on the Mobile App (“Disputes”), you shall first submit such dispute to the Company and the Company will attempt to resolve the dispute with you in good faith. In this regard, you agree that the Company shall have the full power, authority and discretion to make a final decision for such Dispute (“Decision“).

 

8.2    Decision by Company

 

8.2.1   The Company shall make the Decision for such Dispute in reliance of the records and information possessed by the Company. To this end, you agree that all records and information relating to you, the Products, the Mobile App or the Transaction shall be conclusive evidence.

8.2.2  You agree to abide by and be bound by the Decision and in furtherance of the same, and you expressly acknowledge and agree that the Company shall be entitled to, in relation to the Dispute and the Decision:

  • cancel any Transaction on the Mobile App;
  • temporarily or permanently your use and/or access to the Mobile App;
  • temporarily or permanently remove listings of a particular Product from the Mobile App;
  • cancel any Coupons issued; and
  • carry out all such other actions deemed necessary to ensure the Decision is enforced fairly and reasonably.

8.2.3  You agree not to hold the Company liable and shall waive any claim you may have against the Company in respect of the Decision and the Dispute.

Article 9 – Intellectual Property Rights

9.1     Contents. The Company is the sole owner or lawful licensee of all the rights and interests in the Mobile App and its contents (“Contents“). All title, ownership and Intellectual Property Rights in the Mobile App and Contents shall remain with the Company, our affiliates or licensors of the Contents, as the case may be. All rights not otherwise claimed under these Terms and Conditions or by the Company are hereby reserved.

9.2     Trademarks. “Presto” and related icons and logos are registered trademarks or trademarks or service marks owned or licensed by the Company and are protected under applicable copyright, trademark and other proprietary rights laws. You are strictly prohibited from undertaking any unauthorised copying, modification, use or publication of these marks.

9.3     Infringements. Any person may protect their rights by contacting the Company in the event their copyright or other intellectual property has been infringed or violated on the Mobile App by any person. Pursuant to the same, the Company may at its sole and absolute discretion take down the Product listing, information, specification and/or photograph complained of and suspend sales of the corresponding Products until such time that the Company at its sole and absolute discretion deems that evidence provided is sufficient to prove that the complaints and/or that the alleged claims are invalid.

9.4    Ownership of Photographs or Videos of Products Arranged by the Company. For the avoidance of doubt, the Intellectual Property Rights in any photographs or videos of Products which are arranged by and/or taken by the Company shall vest in the Company.

9.5     Complaints. You shall notify the Company as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to the Company, its directors and employees and / or the Mobile App arising from your use of any Intellectual Property Rights must shall be fully compensated by you.

9.6     Usage. If you post content or submit material to the Mobile App, and unless the Company indicates otherwise, you are deemed to have a granted the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

Article 10 – System Halt or Failure

 

The Company shall not be liable for any loss or damage in the event of System halt, unavailability or non-performance of the Mobile App as a result of the following:-

  • Mobile App System is down for maintenance;
  • Mobile App fails due to circumstances beyond its reasonable control, including but not limited to acts of God, storm, tempest, hurricane, flood, earthquake, damage by lightning, any natural disaster, epidemic, pandemic, disease outbreak, war, military operation, riot, terrorism, fire, prolonged break-down of transport, telecommunication or electric current and other events beyond the control of the Company (“Force Majeure Event”);
  • Mobile App is interrupted or delayed for reasons such as hacker attacks, technical adjustment or system breakdown on the part of upgrade, technical difficulties etc. to the Mobile App;
  • The Company reserves the right to terminate the Mobile App at any time due to unforeseen circumstances, applicable laws and regulations and shall not be liable for any loss or damage.

Article 11 – Disclaimer and Liability

 

11.1     The Company cannot and does not guarantee continuous or secured access to the Mobile App and its services, and operation of the Mobile App may be affected by numerous factors outside of the Company’s control.

11.2    All materials, information, software, products, services and other content contained on the Mobile App or from a linked site, is provided to you on “as is” basis and without warranty or conditions of any kind, express or whether implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

11.3    The Company assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Mobile App and under no circumstances will the Company be liable for any loss or damage by your reliance on information obtained through the Mobile App. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of the Website is solely at your own risk.

11.4    The Company shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury or expense, howsoever arising, out of or in connection with the supply or use of the Mobile App and/or Products. Under no circumstances will the Company be liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on your claim, whether in action for contract, breach of warranty, tort or otherwise.

11.5    The Company shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this mobile app. specifically, you agree that the Company is not liable or responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. specifically, you also agree that the Company is not responsible for any content sent using the communication services and / or included in this mobile app by any third party. in no event shall the company be liable for any special, incidental, indirect, or consequential or punitive damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, including without limitation, those resulting from: (1) reliance on the materials presented, (2) costs of replacement of products, (3) loss of use, data or profits, (4) delays or business interruptions, (5) negligence, (6) and any theory of liability, out of or in arising connection with the use of, inability or to use this mobile app, whether or not the Company has been advised of the possibility of such damages.

11.7    You hereby indemnify and hold the Company, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys’ fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of your breach of this Terms and Conditions, or your violation of any law or the rights of a third party.

Article 12 – Indemnity

 

12.1    By agreeing to the Terms and Conditions and the Policies upon use of the Mobile App, you agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company and its parent companies, subsidiaries, affiliates, related companies and their respective directors, employees, agents and representatives or any third party(ies) engaged by the Company as a result of any breach of these Terms and Conditions and you further agree that you shall defend, indemnify in full and hold the Company, the subsidiaries, affiliates, related companies and their respective directors, employees, agents and representatives or any third party engaged by the Company harmless from and against any and all losses, damages, rights, claims or cause of action of any kind arising, in whole or in part, directly or indirectly, as a result of or in connection with you:

  • use or misuse of the Mobile App including any fraud or misrepresentation;
  • violation or breach of any of these Terms and Conditions or any applicable laws whether or not referenced herein;
  • violation of any rights of any third party; or
  • use or misused of the Mobile App and any part thereof, including any fraud or misrepresentation of the information supplied.

12.2    If in any event the Company’s liability arises, the total liability of the Company for any claim arising from this Terms and Conditions, including for any implied warranties, is limited to:

  • a total of Ringgit Malaysia One Hundred (RM100.00) per order only;
  • the value of the Product; or
  • the amount you paid for the Product

whichever is the lower.

Article 13 – Access and Interference

13.1    The Mobile App contains robot exclusion headers. Most of the information on the Mobile App is updated on a real time basis and is proprietary or is licensed to the Company by third parties. You agree not to use any robot, spider, scraper or other automated means to access the Mobile App for any purpose without the prior written permission from the Company.

13.2    Additionally, you agree that you will not:

  • take any action that imposes or may impose, in the Company’s sole and absolute discretion, an unreasonable or disproportionately large load on the Mobile App’s System;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for your own information and reference, from the Mobile App without the prior written permission of the Company;
  • interfere or attempt to interfere with the proper working of the Mobile App or any activities conducted on the Mobile App; or
  • bypass the Company robot exclusion headers or any other measures we may use to prevent or restrict access to the Mobile App.

Article 14 – Promotions

14.1    The Company may from time to time conduct marketing and promotional campaigns including offers, Coupons, promotional discounts, promo codes, loyalty stamp collections, stamping promotions and/or other promotional offers in any manner or form as it deems suitable including Vouchers (“Promotions”) on the Mobile App.

14.2   Please note that the Promotions are non-exchangeable, non-refundable and cannot be exchanged for cash.

14.3   Promotions may be subjected to other terms and conditions as stipulated by the Company and may not be valid when used in conjunction with other Promotions or Coupons.

14.4   Promotions are subject to validity period, redemption period, in-store availability, on a “while stocks last” basis and may be applicable to selected (and not all) Presto outlets or selected Products only/

14.5   The Company may, at its discretion, replace or substitute a particular Promotion with any other Promotions of similar or equivalent value without prior notice.

14.6   The Company reserves the right to void, discontinue or disqualify you from any Promotions without prior notice, in the event you have breached any part of these Terms and Conditions.

Article 15 – General

15.1    Governing Law. These Terms and Conditions and Policies shall be governed by the laws of Malaysia and you hereby agree to submit to the exclusive jurisdiction of the Malaysian Courts for any legal action in relation to these Terms and Conditions and Policies. The Company reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

15.2    Notices. Unless specified otherwise in these Terms and Conditions or by the Company, any notice, request, demand or other communication to the Company under these Terms and Conditions shall be given or made in writing and delivered personally or sent by prepaid registered post to the following address:

Presto Technology Sdn Bhd
Unit C-2-01, Level 2, Capital 3, Oasis Square
No. 2, Jalan PJU 1A/7A, Ara Damansara
47301 Petaling Jaya
Selangor Darul Ehsan
Malaysia.

All notices to you shall be effective if either delivered personally, by courier, email or where applicable, on the Mobile App. All agreements, notices and other communications that the Company sends to you electronically satisfies the legal requirement for communication to be in writing

15.3    No Assignment. The Company shall have the right to assign and/or novate the Terms and Conditions or any part of the same to any person or entity, by providing written notice to you which shall be posted on the Mobile App, and you hereby irrevocably agree and consent to any such assignment and/or novation. You may not assign, in whole or part, any of these Terms and Conditions to any person or entity.

15.4   Force Majeure. Neither party shall be liable for any failure to perform any of its obligations under these Terms and Conditions if the performance is prevented, hindered or delayed by any Force Majeure Event and in such case its obligations shall be suspended for so long as such event continues.

15.5    Severability. If any provision of these Terms and Conditions and/or the Policies is found to be illegal, void or unenforceable under the law, these Terms and Conditions shall continue in force save that such provision shall be deemed severed with effect from the date of such decision or such earlier date as Company may decide or the parties may agree, as the case may be.

15.6    Waiver. A failure by the Company to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

15.7    Contact Details. If you have further inquiries or concerns regarding the Terms and Conditions, please contact us via support@prestoconnect.io.

Article 16 – Definitions

 

In this Terms and Conditions and the Policies, unless the context otherwise requires, the following words and expressions shall have the following meanings:

 

“Business Day” means a day on which the banks are open for business in Selangor, and excludes weekends or public holidays;

“Coupon” means coupons (in the form of promo code) which the Company may, at its sole discretion, issue to you which you will be entitled to a discount of fixed amount or rate on the purchase of a Product on the Mobile App, as more particularly described in Article 6;

“Intellectual Property Rights” means all copyright and Intellectual Property Rights howsoever arising and in whatever media, whether or not registered, including (without limitation) confidential information, trade secrets, goodwill and reputation, patents, trademarks service marks, trade names, registered designs and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world;

“Order” means an offer you made to purchase a Product on the Mobile App in accordance with these Terms and Conditions and the Policies, as further described in Article 3;

“Products” means the products and/or services listed for sale on the Mobile App;

“TNGD Mobile Payment App” means a software application containing the TNG eWallet and operating on a mobile device;

“TNG eWallet” means a mobile payment based service wherein you must subscribe to and/or having a mobile payment account within the TNGD Mobile Payment App. You may send funds and/or make payment for transactions through the use of a payment gateway provided within the TNGD Mobile Payment App; and

“Transaction” means a payment made by you to the Company using the TNG eWallet within the TNGD Mobile Payment App for the purchase of Products made via the Mobile App.