Presto Retail Sdn. Bhd. [Registration No. 202101038112 (1438412)] (“Company” or “we” or “us”) welcomes you to our website, www.prestomart.my (“Website”). The Website provides an e-commerce platform that enables registered members to place, accept, conclude, manage and fulfil orders for the sale and purchase of products and/or services online via the Website.
Your use of the Website is governed by the following terms and conditions (“Terms and Conditions“).
- 1.1 Scope of Terms and Conditions
- 1.1.1 The terms and conditions set out below (“Terms and Conditions”) are applicable to any and all access and use of the Website. You may view the Terms and Conditions via the link set out on the main page of the Website.
- 1.1.2 These Terms and Conditions are to be read together with the following documents:
- (a) Cancellation, Exchange, Returns and Refunds Policy; and
- (c) all other policies as published on the Website from time to time.
- 1.1.3 The terms of the Policies are part of these Terms and Conditions by reference, and collectively represent a legally binding agreement between the Members 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.
- 1.4 For the avoidance of doubt, a general reference to “Terms and Conditions” herein shall where applicable includes the terms and conditions in the Policies.
- 1.2 Use of Service and the Website
- 1.2.1 The Company provides e-commerce facilities and Services via the Website enabling the Members to purchase Products.
- 1.2.2 By accessing, browsing and/or using the Website, you are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.
- 1.2.3 You must not access and/or use our Services or the Website if you are not agreeable to any of the Terms and Conditions.
- 1.2.4 You agree to use the Website 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.
- 1.3 Use of Members’ Personal Data
- 1.4. Amendment of Terms and Conditions
- 1.4.1 The Company shall be entitled at any time and from time to time, to modify, amend or change the Terms and Conditions as appropriate and at our sole and absolute discretion. In such instance, the Company shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the Website, and you shall be bound by such modified Terms and Conditions. As such, it is your responsibility to regularly visit the Website, view the Terms and Conditions and Policies, and keep updated on any changes made to the Terms and Conditions.
- 1.4.2 Please cease to use the Website if you are not agreeable to any amendments or modifications of the Terms and Conditions. You agree to use the Website at your own risk, and your use of the Website following any amendment or modification of the Terms and Conditions constitutes your agreement and acceptance to be bound by the same.
- 1.4.3 We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms and Conditions or your own failure to keep yourself updated on the modifications to the Terms and Conditions, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.
- 2.1 Registration as Member
- 2.1.1 In order to access or use certain services on the Website, you are required to register as a member (“Member”). Unless otherwise specified by the Company, registration as a Member is free.
- 2.1.2 The Company has the right to restrict, suspend or terminate your access to or use of the Website or the Services (or any part of the same) if in the Company’s sole and absolute opinion, you are in breach of any of the Terms and Conditions.
- 2.2 Membership
- 2.2.1 Presto Membership falls under Buyer category:
- 2.3 Application Requirements
- 2.3.1 We reserve the right to accept or reject your application to become a Member at our sole and absolute discretion in the following cases:
- (a) where we are not able to verify your identity with certainty;
- (b) where the data provided by you upon sign-up (for example, email address or mobile number is identical to a membership account already registered with the Website;
- (c) where you have provided false or inaccurate information or omitted to provide necessary information during the application process;
- (d) where you have applied for membership within less than one (1) month from the date of termination or cancellation of an earlier membership on our Website;
- (e) where you have signed up as a Member under another account, which is either temporarily or permanently suspended at the time of application for a new Member account;
- (f) where you have breached any of the Terms and Conditions; and/or
- (g) any other reason as may be determined by the Company.
- (h) For the avoidance of doubt, our decision above cannot be contested.
- 2.4 Completion of Registration
- 2.4.1 You will become a Member upon the successful completion of the registration process as determined by the Company. Our registration process may, where necessary, include identity verification by way of submission by you of certain documentary evidence and support materials as may be requested by us.
- 2.4.2 Please note that you are not allowed to change your email address once your membership request is submitted and approved as your membership account is linked to the email address. If you would like to change your email address, you will need to terminate your membership and account, and sign up again using the new email address.
- 2.5 Protection of Account Details
- 2.5.1 Each Member is responsible for maintaining the confidentiality of the Member’s account information, including the account password, and for all activity that occurs under the Member’s 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. You may be held liable for losses incurred by the Company due to someone else using your password or account.
- 2.5.2 You may not use anyone else’s password or Member account at any time. We have the right to disable any Member ID or password at any time in our sole and absolute discretion for any reason, including where you have breached any provision of these Terms and Conditions.
- 2.6 Use of Services
- 2.6.1 Use of the Website and its services as a Buyer is free.
- 2.6.3 Any fees imposed shall be charged, settled and/or otherwise dealt with in accordance with the terms of the agreement with us, Policies and/or any other agreement may enter into with the Company in respect of the same.
- 2.7 Suspension and Termination of Membership
- 2.7.1 Limitation of Access, Suspension or Termination by the Company. Subject to Article 2.8, the Company shall be entitled to restrict your access to the Services and/or temporarily or permanently suspend the Services and/or your account, terminate your account and/or take any such measures or actions that the Company deems necessary without prior notice to you if:
- (a) you commit any prohibited conduct in violation of Article 4.1;
- (b) where you have committed or are suspected to commit any wrongdoing/unlawful act or where you have committed or are suspected of breaching or are anticipated to breach any of these Terms and Conditions; and/or
- (c) there are any other reasonable grounds as may be determined by the Company at its sole and absolute discretion.
- 2.7.2 Termination by Member. Subject to Article 2.8, you may terminate your membership at any time by writing to us at [email protected] provided that the purchase transactions of any Product that are currently in progress must be either completed or cancelled.
- 2.7.3 Consequences of Termination of Membership. Termination of your membership, either in accordance with Article 2.7.1 or Article 2.7.2, will result in you losing:
- (a) all Credits (as defined herein) and Points (as defined herein) accumulated;
- (b) your shopping history; and
- For the avoidance of doubt, the Members agree that any and all consequences arising from such termination shall be borne by you.
- 2.8 Rights of Company upon Suspension/Termination of Membership
- 2.8.1 Where your membership is suspended or terminated by the Company for any reason whatsoever or where you voluntarily terminate your membership (as the case may be), we reserve the right to:
- (a) cancel and/or reverse any and all Transactions under your account, including cancelling the delivery of any Product purchased and refunding all payments made for the same (where applicable);
- (b) cancel, forfeit or deduct Credits, Points and/or Coupons as may be available under your account on the date of termination;
- (c) cancel, forfeit or deduct other benefits which may be provided to you as a Member;
- (d) disallow or restrict the use of all or part of the Services and/or the Website;
- (e) deny or decline any new application for membership submitted by you within one (1) month from the date of termination;
- (f) disallow the use of your previous Member ID for any new Member account applied for by you, at our sole and absolute discretion; and/or
- (g) claim for compensation or damages pursuant to Article 2.9.
- 2.8.2 The Company shall provide you prior notice of the steps to be taken under Article 2.8.1above by WhatsApp or e-mail. Where you are not contactable or in the case of emergency circumstances, the steps set out above may be taken without prior notice, and we shall notify you as soon as practicable thereafter.
- 2.9 Dormant Account
- The Company shall deem your account to be dormant if you fail to log in to the Website for a duration exceeding 18 months. In the event that your account is deemed dormant, the Company may place a restriction on the use of Services and/or Website.
- 2.10 Reactivation of Account
- In order for you to commence using the Services again, you will need to authenticate and verify your identity in accordance with such procedures as determined by the Company.
- 3.1 Role of Company
- 1.1 The Company primarily operates, supply, sale, manages and provides the Website for the purpose of enabling safe and reliable Transactions and Products to Member (“Buyer”).
- 4.1 Compliance
- 4.1.1 As a condition of your use of the Services and/or access to the Website, 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:
(i) committing fraud, for example by making purchases on the Website using another person’s identity, credit card or bank account;
- 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:
- Compliance with Terms and Conditions. You shall comply with these Terms and Conditions and our Policies.
- Abusive Behaviour. You shall not use the Services, access the Website 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:
(i) transferring your Member account and Member ID to another party and/or allowing access by a third party to your Member account and Member ID without our express written consent;
(ii) directly entering into and completing any Transaction with another Member outside of the Website and/or without using the Payment Protection Services (as described in Article 6) provided by the Company on the Website (“direct dealing Transactions”);
(iii) exploiting or attempting to exploit any benefits provided by the Company, (including but not limited to discounts and/or Coupons) by signing up for multiple accounts and/or purchasing a Product with no intention to complete the same;
(iv) taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to the Website);
- Disruption of Website and Services. You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Services or the Website
- Acting in Good Faith. You shall conduct yourself in accordance with good public order and morals, and shall refrain from:
- (i) persistently raising complaints without any reasonable grounds or justification;
- (ii) repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or
- (iii) engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.
- 4.2 Suspension of Services
- 4.2.1 The Company may restrict or temporarily suspend the provision of all or part of the Services to you in the event such Services are unable to be provided due to:
- (a) maintenance work on the Website;
- (b) the occurrence of power or communications outage;
- (c) technical problems on the part of our third party suppliers or partners;
- (d) the occurrence of a natural disaster, act of terrorism or other force majeure events; and/or
- (e) any other reason(s) that the Company may deem necessary for such suspension.
- Upon the suspension of the Services, the Company shall post a notification on the Website on the suspension of the Services as soon as reasonably practicable.
- 4.3 Third Party Links and Services
- Our Services may link to, interact with or be available on third-party services or products such as social media and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies apply to your usage of such services.
- 5.1 No Representation
- 5.1.1 You shall be solely and directly responsible for all liabilities related to transactions entered in relation to any information provided by you and vice versa.
- 5.1.2 A minor, being a person below the age of 18, cannot purchase any Products without the consent of their 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.
- 5.2 Placing of Order
- 5.3.1 If you place an Order to purchase a Product on the Website, you are obligated to complete the Transaction;
- 5.3.2 Where you have submitted an Order and made full payment for the same, you may request for the transaction to be cancelled and a refund issued pursuant to Article 8.
- 5.3 Offer and Acceptance
- 5.3.1 Offer Made by Buyer. Where you place an Order and make payment for a Product on the Website, you are actually making an offer to purchase the Products from us, based on the information and description of the Product applicable at the time of purchase.
- 5.3.2 Acceptance by Company. We will make every effort to supply the Products ordered. The Company shall only be legally bound to do so when the Company confirms acceptance of your offer via the Website. An Order is deemed accepted and a binding contract is in place only when the status of an Order on the Website is updated to “Preparing for Shipment”.
- 5.3.3 Right to Cancel for Technical/Operational Errors. In the event of an electronic, computer, operational and/or technical error affecting details and pricing of a Product or any promotion on the Website, we reserve the absolute right to rectify such error and/or cancel any Transaction which has been entered into in reliance on the said error.
- 5.3.4 Compensation Limited to Refund of Price Paid. You agree and understand that your remedy as a Buyer in the event of any cancellation made pursuant to this Article 5.4is 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.
- 5.4 Payment for Products
- 5.4.1 Payment for Products purchased on the Website can be made via the following methods:
- (a) credit card;
- (b) debit card;
- (c) online banking;
- (d) Union Pay
- (e) Mobile wallet;
- (f) Credits;
- (i) BonusLink Points, being points acquired under the BonusLink loyalty programme managed and operated by Bonuskad Loyalty Sdn Bhd, which can be used for the redemption of products and services; and shall be in accordance with such terms and conditions as stated on the Website. For the avoidance of doubt, payments made using BPoints and BonusLink Points shall be subject to such additional terms and conditions as may be imposed by Presto Mall Sdn. Bhd., BLoyalty Sdn Bhd and Bonuskad Loyalty Sdn Bhd respectively. In the event of any cancellation or refund, the refund methods shall be dealt with in accordance with the Cancellation, Exchange, Returns and Refunds Policy.
- 5.4.2 Payment for any purchase of Products on the Website must be made within one (1) Business Day from the date the Order is submitted. If payment is not completed within such time period, the said Order shall be automatically cancelled by the Website system.
- 5.4.3 When making payment, you must only use payment methods that are legally 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. As a Buyer, you agree to be responsible for all damages and losses suffered or sustained by the Company.
- 6.1 Purpose and Mechanism
- 6.1.1 The Company provides payment protection services (“Payment Protection Services”) to help create a safe and reliable environment for Members to undertake e-commerce Transactions. Payment Protection Services is an escrow payment service provided by the Company whereby any payment made by a Buyer for the purchase of a Product is withheld by the Company.
- 6.1.2 Under the Payment Protection Services, if you have purchased any Product and completed full payment for the same but:
- (a) have not received the Product within the time period stated by the Company in the Product page; or
- (b) have received a Product which is defective, significantly not as described or does not materially conform to the product details as stated on the Website;
- 6.2 Cessation of Payment Protection Services
- 6.2.1 Please note that you are entitled to buyer protection under the Payment Protection Services only until the Product purchased is successfully delivered and accepted by you, which for the purpose of this Article 6, shall be at any point of time before Purchase Confirmation, being the updating of the status of a Transaction to reflect “Purchase Confirmed” on the Website.
- 6.2.2 Purchase Confirmation can be effected either by way of:-
- Please replace the table below with your up to date Presto Retail Table
|Seller Type||Delivery Method||Time Period for Automatic Purchase Confirmation|
|1.||Local Seller||via courier company – trackable via the Website system||7 days from “Shipping Complete” date|
|2.||Local Seller||via courier company – non-trackable via the Website system||21 days from “Shipping in Progress” date|
|3.||Local Seller||direct delivery (using Seller’s own transport)||21 days from “Shipping in Progress” date|
|4.||Global Seller||via courier company – trackable via the Website system||7 days from “Shipping Complete” date|
|5.||Global Seller||via courier company/other delivery method – non-trackable via the Website system||30 days from “Shipping in Progress” date|
- 6.2.3 Once the status of a Transaction is changed to “Completed” on the Website, protection for the said Transaction under the Payment Protection Services will no longer be available to you, and your payment for the Product will be released to the Company in accordance with our standard practice and Policies.
- 6.2.4 Please note that any request for cancellation and refund of the Order after the cessation of the Payment Protection Services shall need to be made directly to the Company, subject to the Company’s approval and such terms and conditions as may impose.
- 7.1 Proper Delivery Address
- 7.1.1 Delivery of the Products shall be made to the address specified by you in your Order.
- 7.1.2 You agree to bear the risk for any Products wrongly delivered due to incorrect details provided by you.
- 7.2 Failure to Deliver by Company
- 7.2.1 Where you have submitted an Order and made full payment for the same, but the Company fails to deliver the Product within the period specified on the Product page without any proper, reasonable and acceptable justification, you may request for the Transaction to be cancelled.
- 7.2.2 In such instance, the Company shall refund any payment made by you in accordance with the Cancellation, Exchange, Return and Refunds Policy in force at such time.
- 7.3 Purchase Online And Pick Up From Store
- 7.3.1 You can choose to have your order to pick up at one of our shops. Self pick up service is available for our shops that are open. When you select self pick-up as an option when you check out, you will be able to select from any available shops.
- 7.3.2 Buyer shall choose their pick-up stores and pick up time upon checking out their order online.
- 7.3.3 We will ask you to sign your receipt to confirm you have collected it.
- 7.3.4 You can even send someone else to pick up your parcel. All we ask is that they have a copy of your email or the order number with them, and they will be asked to sign the receipt on your behalf.
- 7.3.5 We’ll be happy to hold your parcel for up to 2 days and we will send regular reminders to you by email or mobile number so you don’t forget to pop in and collect it.
- 7.3.6 If you don’t think you’ll be able to get in to the store (full details of Store location will be provided upon choosing pick-up store for online order) or if you change your mind and want the parcel posted or cancelled you can WhatsApp our Customer Services Team and they will be happy to help.
- 7.3.7 If you do change your mind, cancellation is allowed without refund. Exchange is allowed subject to shop manager discretion.
- 7.3.8 Unclaimed items will be forfeited after 2 days.
- 8.1 Please refer to the Cancellation, Exchange, Return and Refunds Policy for further information in relation to the obligations of a Buyer in respect of cancellation, exchange, returns and refunds of Products.
- 8.2 For the avoidance of doubt, the Cancellation, Exchange Return and Refunds Policy shall be read together with these Terms and Conditions and such other Policies in force from time to time.
- 9.1 Issuance and Use
- 9.1.1 You are only entitled to use a Coupon for your own purchases and the Coupon shall not be sold or transferred to any other person.
- 9.1.2 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.
- 9.2 Coupon Types
- 9.2.1 The type of Coupons and discount entitlement on purchases are as follows:
- (a) Bonus Coupon – discount applicable for one (1) Product purchased only. For example:
- (i) purchase two (2) or more units of Product X, discount applies only to the first unit of Product X;
- (ii) purchase one (1) unit of Product X and one (1) unit of Product Y, discount applies to either Product X or Product Y, but not to both Products.
- (b) Shopping Cart Coupon – discount is applicable for total order amount (excluding add-on items, shipping fee and E-Voucher Shopping and Mobile Top-Up categories);
- (c) Shipping Fee Coupon – discount is applicable for shipping fee for one (1) shipment i.e. one (1) coupon per shipment;
- (d) Store Cart Coupon – discount is applicable for total order amount of specific Products (excluding add-on items, shipping fee and E-Voucher Shopping and Mobile Top-Up categories); and
- (e) other types of Coupons, as the Company may issue from time to time, subject to the discount entitlement and specific conditions as the Company shall decide.
- (a) Bonus Coupon – discount applicable for one (1) Product purchased only. For example:
- 9.3 Cancellation of Coupon
- 9.3.1 If your Order is cancelled, your Coupon will be automatically reissued provided that the cancellation occurs within the Coupon validity period.
- 9.3.2 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.
- 9.3.3 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.
- 10.1 Submission of Feedback
- 10.1.1 Upon purchasing a Product, you may submit your review of such Product via the feedback and review mechanism provided on the Website, which can be in the form of writing, image and/or video clip. Your feedback can be on the level of satisfaction with the Product as well as experience with the Company.
- 10.1.2 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.
- 10.2 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.
- 11.1 Site Contents. The Company is the sole owner or lawful licensee of all the rights and interests in the Website and its contents (“Site Contents”). All title, ownership and Intellectual Property Rights in the Website and Site Contents shall remain with the Company, our affiliates or licensors of the Site Contents, as the case may be. All rights not otherwise claimed under these Terms and Conditions or by the Company are hereby reserved.
- 11.2 Trademarks. “PrestoMart”, “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.
- 11.3 Infringements. 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.
- 11.4 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 as part of any additional support under the Services shall vest in the Company.
- 12.1 In the event of a dispute in relation to Products purchased on the Website, you shall release the Company from all claims, demands and damages, actual and consequential, of every kind and nature, known and unknown arising out of or in any way connected with such dispute.
- ALL PRODUCTS DESCRIPTIONS AND SPECIFICATIONS ARE PROVIDED TO US BY THE WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF SUCH DESCRIPTION OR SPECIFICATION. WE PROVIDE NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY PRODUCT PURCHASED BY YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, QUALITY, OR SAFETY OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED AT LAW, WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED OR OBTAINED, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OUR MAXIMUM LIABILITY TO YOU IS THE AMOUNT CHARGED TO YOUR CREDIT CARD OR OTHER FORM OF PAYMENT. DESPITE ANYTHING ELSE CONTAINED IN THESE TERMS. NEITHER PARTY EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF THAT PARTY, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES. 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 WEBSITE. 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 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 WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 12.2 Indemnity. 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.
- you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
- you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
- ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE WEBSITE, OR FROM A LINKED SITE IS PROVIDED TO YOU “AS IS” 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. THE COMPANY HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE TO THE MEMBERS CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE MEMBERS’ RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
- 14.1 Unlinking of Accounts.In the event that you decide to unlink both your account and Presto App Account, you may contact the Company for such unlinking of accounts.
- 14.3 Application.For the avoidance of doubt, this Article 14 only applies if you have previously linked your account to Presto App Account.
- 15.1 Governing Law. These Terms and Conditions shall be governed by the laws of Malaysia. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions and/or the Policies will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia and governed by Malaysian laws. The arbitrator shall be a person who is legally trained and who has experience in the information technology and e-commerce industry in Malaysia and is independent of either party. Notwithstanding the foregoing, 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 Term 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 Retail 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 Website. 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 Website, 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 strikes, industrial disputes, fire, floods, acts of any government, riots, war, national emergency, Act of God, impediment by government laws, rules, regulations or orders or other events of force majeure 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
- 16.1 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 Kuala Lumpur, and excludes weekends or public holidays;|
|“Buyer”||means a Member who purchases the Products through the Website, subject to the Terms and Conditions as herein contained;|
|“Coupon”||means discount coupons which the Company may, at its sole discretion, issue to the selected/identified Members, entitling such Members to a discount of fixed amount or rate on the purchase of a Product on the Website, as more particularly described in Article 9;|
|“Credits”||means electronic prepaid credits which a Member can use as a means of payment on the Website for full or part settlement of the purchase price of Products;|
|“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, trade marks/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;|
|“Member”||means a member of the Website, registered as a Buyer, who has agreed to be bound by the Terms and Conditions, and who is entitled to use the Website to purchase the Products via the Website;|
|“Order”||means an offer to purchase a Product placed by a Buyer on the Website in accordance with these Terms and Conditions and the Policies, as further described in Article 5.2 and Article 5.3;|
|“Payment Protection Services”||means the escrow payment services developed by the Company to help create a safe and reliable environment for Members to undertake e-commerce Transactions as further described in Article 6 of the Terms and Conditions;|
|“Points”||means points which a Member may earn under the Company’s loyalty program, through any of the following means:
1. (a) by purchasing selected Products on the Website;
2. (b) by participating in selected Company’s promotions;
3. (c) as an existing membership benefit depending upon the Member’s existing rating; or
4. (d) upon any upgrade of the Member’s rating.
|“Policies”||shall collectively refer to:
2. (b) Cancellation, Exchange, Returns and Refunds Policy; and
3. (c) all other policies posted on the Website from time to time (for example, and not limited to, policies related to fraud actions, conducting off-site transactions, feedback manipulations, and temporary or permanent suspensions of Members);
|“Products”||means products and/or services listed for sale on the Website;|
|“Services”||means services that are offered by the Company through the Website to the Members and may include such services provided by third party service providers such as payment gateway services and logistics management services;|
|“Terms and Conditions”||means these terms and conditions governing the membership of the Website setting out, among others, eligibility requirements of Members, services available to Members under the Website, benefits which Members are entitled to and Members’ rights and obligations;|
|“Transaction”||means a sale and purchase transaction of the Products between Buyer and Company which is conducted online via the Website; and|
|“Website”||means the online market place owned and operated by the Company, and known as “PrestoMart”, being an e-commerce platform that enables Transactions between registered Members, having its domain at www.prestomart.my including the mobile application of PrestoMart on Presto App|