Terms and Conditions for the Use of the Enhanced Touch ‘n Go Card

1.0     Definitions

1.1         “Card Transaction” means an electronic transaction generated using the Enhanced Touch ‘n Go Card at any of the Service Providers or Point-of-Sale for payment and Reload transactions;

1.2         “Card Value” means the equivalent monetary value in the Enhanced Touch ‘n Go Card which can be used towards the Services;

1.3         “Enhanced Touch ‘n Go Card” means a Touch ‘n Go branded smart card that has been enhanced with NFC technology that allows users to reload the card via the Touch ‘n Go eWallet;

1.4         “Expired Card” means an Enhanced Touch ‘n Go Card which validity period, as set out in the Touch ‘n Go eWallet, has elapsed;

1.5         “Invalidated” means the invalidation of the Enhanced Touch ‘n Go Card such that the Enhanced Touch ‘n Go Card cannot be utilized at any point-of-usages, e.g. Toll lanes, Public transit, Retail and Parking readers due to it being expired, lost, stolen or compromised due to fraud;

1.6         “Issuer” means TNGSB, or any other third parties as authorized by TNGSB in Malaysia;

1.7         “NFC” means near field communication technology;

1.8         “PayDirect” means a feature that allows You to make payment at the participating Service Providers using Your Enhanced Touch ‘n Go Card or any other applicable product offering, and the charge will be deducted directly from Your Touch ‘n Go eWallet Account balance;

1.9         “Personal Data” means any information relating to an identifiable person who can be directly or indirectly identified by the information and collected by TNGSB or the Issuer from You;

1.10      “Point-of-Sale” means a facility where the Enhanced Touch ‘n Go Card is sold or issued and other customer support and services are rendered. The list of authorized Point-of-Sale are listed in the TNGSB Website;

1.11      “Reload” means the transaction of adding monetary value to the Enhanced Touch ‘n Go Card conducted at any authorized Service Providers or Point-of-Sale or via Your Touch ‘n Go eWallet Account;

1.12      “Service Provider” means a merchant, a seller or an organization, which has agreed to accept payments through the use of the Enhanced Touch ‘n Go Card for goods and/or Services sold and/or provided. The lists of authorized Service Providers are listed in the TNGSB Website;

1.13      “Services” means the Touch ‘n Go Services that are facilitated and provided by TNGSB and its business partners in relation to the Enhanced Touch ‘n Go Card;

1.14      “Terms and Conditions” means these Terms and Conditions and the terms of Services, policies and procedures as may be varied or modified from time to time at TNGSB's sole discretion;

1.15      “TNG Digital” means TNG Digital Sdn Bhd (Registration No.: 201701042478 (1256651-M)), a subsidiary of TNGSB;

1.16      “TNG eWallet T&Cs” means the terms and conditions and the terms of Services, policies and procedures, which relates to Your use of the Touch ‘n Go eWallet, as may be varied or modified from time to time at TNG Digital’s sole discretion. The TNG eWallet T&Cs may be accessed at:          https://assets.website-files.com/604f10ece77ed2575179c749/6141a7718d1cd393dac569ed_touch_n_go_eWallet_user_terms_conditions_v32.pdf

1.17      “TNGSB” means Touch ‘n Go Sdn Bhd (Registration No.: 199601034048 (406400-X)), a company incorporated in Malaysia and having its registered address at Tower 6, Avenue 5, No. 8, Jalan Kerinchi, Bangsar South, 59200 Kuala Lumpur;

1.18      “TNGSB Portal” means TNGSB’s Portal (MyPortal) at https://tngportal.touchngo.com.my/#login;

1.19      “TNGSB’s e-Refund Portal” means TNGSB’s e-Refund Portal at https://customerservice.touchngo.com.my/erefund/;

1.20      “TNGSB Website” means TNGSB’s corporate Website at http://www.touchngo.com.my;

1.21      “Touch ‘n Go eWallet” means an electronic wallet offered by TNG Digital that store digital money via Your smart phone in accordance with the TNG eWallet T&Cs;

1.22      “Touch ‘n Go eWallet Account” means the mobile payment account created with TNG Digital when You register for Touch ‘n Go eWallet;

1.23      “Unclaimed Monies” means monies remaining in the Enhanced Touch ‘n Go Card for a period of not less than seven (7) years from the last transaction date as defined under the prevailing Unclaimed Money Act, 1965; and

1.24      “You” or “Your” means You as the person to whom the Enhanced Touch ‘n Go Card has been issued for the purpose of using the Services in accordance with these Terms and Conditions;

 

2.0       General Terms

2.1     Agreement

2.1.1   These Terms and Conditions will govern the Enhanced Touch ‘n Go Card. However, TNGSB has also issued other specific products of the contactless smartcard variety in collaboration with its business partners, for the terms governing such products, please refer to their respective terms that are made available on the TNGSB Website.

2.1.2     The Services are provided on an "as is" and "as available" basis and that use of the Services is at Your own risk. TNGSB specifically disclaims all warranties of any kind including but not limited to availability, accessibility and uninterrupted use of the Services.

2.1.3     TNGSB reserves the right at its absolute discretion, from time to time, to amend these Terms and Conditions or any part thereof.

2.1.4     TNGSB shall furnish You with the notice on the amendment to the Terms and Conditions in writing, via electronic means, displayed at our business premises, announced on TNGSB Website or published in national daily newspapers in the main language no less than twenty one (21) days prior to the effective date of the said amendment to the Terms and Conditions, as the case may be.

2.1.5     Your continued use of the Services after the effective date of the amendment to the Terms and Conditions shall constitute unconditional acceptance of such amendment by You. If You do not accept such amendment, You shall be entitled to terminate Your use of the Services. TNGSB shall not be liable for any loss or inconvenience to You resulting thereafter.

2.2     Use of Enhanced Touch ‘n Go Card

2.2.1  The Enhanced Touch ‘n Go Card can be used at all Touch ‘n Go acceptance Point-of-Sale, e.g. Toll, Transit, Parking, Retail outlets and/or other closed community areas as specified by TNGSB.

2.2.2   When an Enhanced Touch ‘n Go Card is used at the point of entry to access Services for road tolling, the same Enhanced Touch ‘n Go Card must be used at the point of exit. If a RFID Tag or an alternative TNGSB issued card or Enhanced Touch ‘n Go Card is used at the point of exit, the Service Provider reserves the right to impose additional charges on the RFID Tag or the alternative Enhanced Touch ‘n Go Card.

2.2.3   You are encouraged to register Your Enhanced Touch ‘n Go Card by performing online registration through the TNGSB Portal. Subject to You first registering Your Enhanced Touch ‘n Go Card, You may request for a refund of the Card Value by referring to Clause 6 below, if You wish to terminate the Enhanced Touch ‘n Go Card.

2.2.4   When You register Your Enhanced Touch ‘n Go Card via TNGSB Portal, You must ensure that Your Personal Data provided is accurate, complete, not misleading and kept up-to-date. You may update Your Personal Data by contacting TNGSB Careline at 03-2714 8888.

2.2.5   You are required to use Your Enhanced Touch ‘n Go Card in accordance with the procedures, instructions and guidelines set by TNGSB from time to time and not to damage, manipulate, copy, reverse-engineer or tamper with the Enhanced Touch ‘n Go Card nor do any act of modification to the Enhanced Touch ‘n Go Card.

2.2.6   You shall use all precautions to prevent any event of loss, theft and/or unauthorized use of the Enhanced Touch ‘n Go Card. In the event of loss, theft and/or unauthorized use of the Enhanced Touch ‘n Go Card, it is important to immediately notify TNGSB. Unauthorized use shall include conducting Reload transactions at unauthorized Service Providers, Point-of-Sale or persons. You shall remain liable for all loss and damage prior notification to TNGSB including all costs associated with its unauthorized use.

2.2.7   TNGSB and/or the Service Providers shall not honor any unauthorized use of the Enhanced Touch ‘n Go Card(s) and these Enhanced Touch ‘n Go Card(s) shall be Invalidated by TNGSB.

2.2.8   You are entitled to use the Enhanced Touch ‘n Go Card for Services at any of the authorized Service Providers and Point-of-Sale based on the remaining Card Value of Your Enhanced Touch ‘n Go Card.

2.2.9   TNGSB shall not be liable for any act, refusal and/or omission by Service Providers to accept the Enhanced Touch ‘n Go Card nor shall TNGSB be liable for any defect or deficiency in any of the Services provided by the Service Providers.

2.2.10 Your Enhanced Touch ‘n Go Card is valid at all times unless it is Invalidated pursuant to the Terms and Conditions of this Agreement. Your Enhanced Touch ‘n Go Card is valid for use throughout the validity period, as provided by Your Touch ‘n Go eWallet, and thereafter the Enhanced Touch ‘n Go Card shall expire. The Enhanced Touch ‘n Go Card that has expired will be Invalidated at all times.

2.2.11 TNGSB shall cease, or suspend the Services and/or Your Enhanced Touch ‘n Go Cards, as the case may be, without prior notice and/or compensation to You:

  • If You breach any of Terms and Conditions contained herein;

  • If You do anything which may in the opinion of TNGSB cause damage or interruption to the Services; and/or

  • If it is in TNGSB's opinion that the Enhanced Touch ‘n Go Card and/or Services are or may be used for a fraudulent, illegal or unlawful purposes, including but not limited to, breaches of legislation, regulation and/or guidelines under the Financial Services Act 2013 and/or Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

2.2.12 In the event Services had been ceased or suspended by TNGSB in accordance with Clause 2.2.11 above, it shall be lawful for TNGSB to retain any and all Reload monies and/or unutilised Card Value until the investigation on suspicious Enhanced Touch ‘n Go Card is completed in accordance with applicable legislation, regulation and/or guidelines.

2.2.13 In the event Services had been ceased or suspended by TNGSB in accordance with Clause 2.2.11 and 2.2.12 above, no refund on the Card Value and no compensation shall be made to You.

2.2.14 TNGSB shall cease or suspend the Services, as the case may be, with reasonable notice prior to the Services are being upgraded, modified or maintained.

2.2.15 The maximum Card Value of an Enhanced Touch ‘n Go Card is RM1,500.00 only at any one time.

2.2.16 There are no service fees (being fees imposed in the event no activity is recorded for a period of time as determined by TNGSB) imposed for Enhanced Touch ‘n Go Card(s).

2.3     PayDirect Function

2.3.1  You may link up Your Enhanced Touch ‘n Go Cards to Your Touch ‘n Go eWallet to, amongst other things, keep track of Your Card Value and use the PayDirect features, subject to the terms of use as set out under the TNG eWallet T&Cs. An Enhanced Touch ‘n Go Card that has been Invalidated shall not be able to be linked to PayDirect.

2.3.2   In the event Your Touch ‘n Go eWallet balance is insufficient, the transaction amount will then be deducted from Your Card Value. Refund for transactions deducted from the Card Value shall be in accordance with these Terms and Conditions whereas refund for transactions deducted from Touch ‘n Go eWallet balance shall be in accordance with the TNG eWallet T&Cs.

2.3.3   For more information on Touch ‘n Go eWallet, please refer to the TNG eWallet T&Cs.

 

2.4     Expired Enhanced Touch ‘n Go Card

2.4.1  If Your Enhanced Touch ‘n Go Card is an Expired Card, You will not be able to use the Enhanced Touch ‘n Go Card at any point-of-usage, e.g. Toll lanes, LRT/Monorail/MRT/KTM gates and Parking readers.

2.4.2   You may exchange Your existing Enhanced Touch ‘n Go Card for a new Enhanced Touch ‘n Go Card, one (1) month in advance of Your existing Enhanced Touch ‘n Go Card’s expiry date without any cost, in order to avoid any usage interruption and inconveniences at the point-of-usage.

2.4.3   You may refer to Your Touch ‘n Go eWallet, TNGSB’s Portal/Reload receipt/the back of the Enhanced Touch ‘n Go Card/Self-Service Kiosk (SSK) machine for information on the expiry date of Your Enhanced Touch ‘n Go Card.

2.4.4   You may contact TNGSB Careline at 03-2714 8888 or visit our Touch 'n Go Sales and Reload Counter nearest to You to check the purchase date of Your Touch 'n Go Enhanced Touch ‘n Go Card.

2.5     Lost and Stolen Enhanced Touch ‘n Go Card

2.5.1  Subject to Clause 2.5.2 below, TNGSB will invalidate all lost or stolen Enhanced Touch ‘n Go Card(s) upon:

  • Verbal (telephone) notification by the Cardholder with TNGSB’s authorized officer; followed by

  • Notification in writing addressed to TNGSB transmitted by hand/mail/e-mail/e-Refund Portal/official TNGSB social media channel; or

  • Walk in to TNGSB Hubs to report to TNGSB’s authorized officer.

2.5.2   You will remain liable for all Card Transactions (including all costs associated with its unauthorized use) prior to TNGSB receiving the notification.

2.5.3  Subject to Clauses 2.5.1 and 2.5.2, TNGSB shall refund the Card Value (less any applicable fees), in the manner set out under Clause 6, upon receipt of notification in writing as specified in Clause 2.5.1(ii) above provided the information given by You is complete and accurate.

 

2.6     Enhanced Touch ‘n Go Card Termination and Replacement

2.6.1  You may at any time surrender the Enhanced Touch ‘n Go Card to TNGSB and discontinue the use of the Services. TNGSB will determine the condition of the returned Enhanced Touch ‘n Go Card and refund any remaining Card Value to You or transfer the Card Value to Your new Enhanced Touch ‘n Go Card in the event you opt to replace Your Enhanced Touch ‘n Go Card.

2.7     Faulty/Damaged Enhanced Touch ‘n Go Card Replacement

2.7.1  If Your Enhanced Touch ‘n Go Card becomes faulty or damaged, You are required to bring the Enhanced Touch ‘n Go Card to any TNGSB Hubs, Point-of-Sale or Sales Counters at selected highways in order to obtain a replacement Enhanced Touch ‘n Go Card.

2.7.2   If you obtain a replacement Enhancement Card in the manner set out under Clause 2.7.1, Your last recorded Card Value will be determined by the customer service agent and the Card Value will be transferred to Your new Enhanced Touch ‘n Go Card.

2.7.3   For any new Enhanced Touch ‘n Go Card purchased by You, TNGSB will guarantee the functionality of the Enhanced Touch ‘n Go Card for a period of thirty (30) days from date of purchase (“Warranty”). In the event Your Enhanced Touch ‘n Go Card becomes faulty or damaged during the Warranty period, Your Enhanced Touch ‘n Go Card will be replaced at no charge to You.

2.7.4   In the event Your Enhanced Touch ‘n Go Card becomes faulty or damaged after the Warranty period has elapsed, the price of a new replacement Enhanced Touch ‘n Go Card will be charged to You.

2.8     Unclaimed Monies  

2.8.1   In the event that the last transaction carried out on Your Enhanced Touch ‘n Go Card is over seven (7) years, regardless of the expiry date of the Enhanced Touch ‘n Go Card, Your remaining Card Value shall be classified as Unclaimed Monies and shall be surrendered to the Registrar of Unclaimed Money, Jabatan Akauntan Negara Malaysia by TNGSB in accordance with the requirements of the Unclaimed Money Act 1965. Thereafter, all claims relating to the refund of the Unclaimed Monies will need to be made by You with the Registrar of Unclaimed Money.

2.9     Purchase of Enhanced Touch ‘n Go Cards

2.9.1 The authorized channels for the purchase of Enhanced Touch ‘n Go Cards are:

i.        Touch ‘n Go eWallet;

ii.      Customer Experience Centre (CEC) by TNGSB;

iii.     Touch ‘n Go Hubs by TNGSB;

iv.     Touch ‘n Go Customer Service Centres by Service Providers;

v.      Touch ‘n Go Reload Counters at authorized agents and merchants; and

vi.     Touch ‘n Go SPOT Counters at participating Petrol Service Stations.

2.9.2   The TNG eWallet T&Cs shall apply to the Enhanced Touch ‘n Go Cards purchased via the Touch ‘n Go eWallet.

2.10   Reload Channels

2.10.1. You can add to the Card Value by reloading an amount through valid Reload channels which are authorized by TNGSB.

2.10.2 The authorised Reload channels are:

i.      Touch ‘n Go eWallet, provided that it is installed on an NFC enabled smartphone;

ii.      Customer Experience Centre (CEC), TNGSB;

iii.     Touch ‘n Go Hubs, TNGSB;

iv.     Touch ‘n Go Customer Service Centres by Service Providers;

v.      Touch ‘n Go Reload Counters at authorized agents and merchants;

vi.     Touch ‘n Go SPOT Counters at participating Petrol Service Stations;

vii.   Touch ‘n Go Self-Service Kiosk (SSK); and

viii.  Automated Teller Machine (ATM) at participating banks.

2.10.3 Selected Reload channels by agents, merchants and bank ATMs may charge a Reload fee for each Reload transaction service.

2.10.4 If You intend to Reload Your Card Value via the Touch ‘n Go eWallet, You will be required to register Your Enhanced Touch ‘n Go Card on Your Touch ‘n Go eWallet Account and complete an e-Know-Your-Consumer (eKYC) identity verification. For clarity, You will still be able to Reload Your unregistered Enhanced Touch ‘n Go Card via the other Reload channels listed under Clause 2.10.2 (ii) to (viii).

2.10.5 If the Reload to Your Enhanced Touch ‘n Go Card is carried out via the Touch ‘n Go eWallet, the Reload shall be limited to the maximum Reload limit set by You on Your Touch ‘n Go eWallet Account or Ringgit Malaysia One Thousand Five Hundred (RM1,500), whichever is lower.

2.10.6 TNGSB reserves the right to suspend or terminate the use of the Enhanced Touch ‘n Go Card and Services and reject any refund request made of Card Value if the Reload was carried out at unauthorized Reload channels.

2.11   Applicable Tax/Taxes

2.11.1. The prices & fees herein stated are subject to any applicable taxes imposed or to be imposed by the Government of Malaysia or any other local regulatory authorities in accordance to the relevant enacted law in Malaysia.

3.0     Enhanced Touch ‘n Go Card Registration

3.1     TNGSB Portal

3.1.1   You may register Your Enhanced Touch ‘n Go Card(s) at TNGSB Portal by creating a Login ID and Password and by using a valid card serial number or manufacturing number. The card serial number can be obtained from the back of Your Enhanced Touch ‘n Go Card and manufacturing number can be obtained from any Reload receipt for that Enhanced Touch ‘n Go Card.

3.1.2   Registration is required if You wish to terminate or discontinue the use of the Enhanced Touch ‘n Go Card for any refund of the Card Value.

3.1.3   If You have reported that Your Enhanced Touch ‘n Go Card is lost or stolen, TNGSB shall retrieve your information from TNGSB Portal to process the refund of the Card Value less any applicable fee or charges and terminate the Enhanced Touch ‘n Go Card.

3.1.4   If You are below the age of eighteen (18), You are responsible to obtain consent from Your parent, guardian or person who has parental responsibility over You, prior to disclosing Your personal details to TNGSB. TNGSB shall not be liable for any loss or inconvenience to You for failing to obtain consent.

4.0     Fees and Charges

4.1      TNGSB may vary the fees and charges from time to time by giving You an advance twenty one (21) days notice. The relevant fees and charges will be made available in TNGSB Website and the relevant Reload fees and charges via Your Touch ‘n Go eWallet Account will be made available on the TNG eWallet T&Cs.

4.2      TNGSB is not liable for any other fees or charges (e.g. surcharges) imposed by third parties including, but not limited to, banks, merchants, parking operator, government or Service Providers for the usage of TNGSB’s Services.

5.0     Complaint Avenues and Forms of Communication

5.1      TNGSB will announce to the public any of its products, services and operational updates in a consistent manner, as and when required, in order to create the awareness to You.

5.2      TNGSB shall communicate with You through either of the following modes:

i.        short message service (SMS)/electronic mail;

ii.       display of notices at all TNGSB Hubs and/or Customer Services Counters;

iii.     published at TNGSB’s Website and official social media channels (including but not limited to Facebook, Instagram, LinkedIn and Twitter); and/or

iv.     published in national daily newspapers in the main languages, circulated generally throughout Malaysia.

5.3      All notices, requests and/or other communications from You to TNGSB may be communicated to the following:

Touch 'n Go Sdn Bhd

Tower 6, Avenue 5, Bangsar South

No. 8, Jalan Kerinchi

59200 Kuala Lumpur

Telephone Number for Careline: 03-2714 8888

Fax: 03-2714 8889

E-mail: careline@touchngo.com.my

5.4      You may also visit any TNGSB Hubs and Customer Service Counters at:

  Address

 Operating hours

  Service and Sales Centre
  Ground floor,
  Tower 6 Avenue 5, Bangsar South, 
  No. 8, Jalan Kerinchi 
  59200 Kuala Lumpur

 Monday – Friday: 9:00am to 5:00pm
 Closed on Weekend & Public Holidays 

  NU Sentral
  Lot L2.07, Level 2,
  NU Sentral Shopping Centre,
  No 201, Jalan Tun Sambanthan,
  50470 Kuala Lumpur

 Monday - Sunday (Inclusive Public Holiday):    

 10.00am to 10.00pm

5.5      The accuracy and completeness of Your Personal Data depends on the information You provide. TNGSB shall assume that the information You have provided is accurate, up-to-date and complete unless otherwise informed by You. You may update Your Personal Data at any of these above channels or at TNGSB Portal.

5.6      If Your complaints or matters are not addressed by TNGSB, You may escalate Your complaints or inquiries to the following bodies:

Bank Negara Malaysia

Laman Informasi Nasihat dan Khidmat (LINK) Ground Floor, D Block,

Jalan Dato' Onn 50480 Kuala Lumpur

Contact Centre (BNMTELELINK) Tel: 1-300-88-5465

(Luarnegara: 603-2174 1717)

Faks: 603-2174 1515

Emel: bnmtelelink@bnm.gov.my

Ombudsman for Financial Services (664393P) (formely known as Financial Mediation Bureau) 14th Floor, Main Block,

Menara Takaful Malaysia, No. 4, Jalan Sultan Sulaiman, 50000 Kuala Lumpur.

 

6.0     Refund

6.1     Refund Process

6.1.1   You may request for a refund of Your Enhanced Touch ‘n Go Card’s Card Value by contacting our Careline or visit Customer Service Counters at selected highways or any TNGSB Hubs or raise a request via TNGSB’s e-Refund Portal (https://customerservice.touchngo.com.my/erefund/).

6.1.2   TNGSB shall process all refund requests for registered Enhanced Touch ‘n Go Card(s) only. You are to ensure Your Enhanced Touch ‘n Go Cards are already registered via the TNGSB Portal (https://tngportal.touchngo.com.my/#login) before TNGSB is able to process the refund request.

6.1.3   Refund will be processed only for the registered owner of the Enhanced Touch ‘n Go Card once TNGSB have received complete information and supporting documents from You less any fees and charges (if applicable)(please note that at the moment TNGSB does not charge any refund fees or charges). TNGSB shall process the Refund within one (1) month from the date TNGSB receives complete information and supporting documents for the Refund.

6.1.4   If Your Enhanced Touch ‘n Go Card is

i.        reported lost, stolen or damaged; or

ii.       if You wish to terminate Your Enhanced Touch ‘n Go Card;

You may apply for a refund of Your remaining Card Value (being the last recorded Card Value as of the submission date of Your refund request, as verified by TNGSB), less any applicable fees. If you decide to do so via the TNGSB’s various careline channels (see Clause 5), TNGSB Hubs or Customer Service Counter, You must present a copy of Your NRIC or passport, amongst other things, for verification and identification purposes, alternatively, You can apply for an e-refund via TNGSB’s e-Refund Portal, subject to Your Enhanced Touch ‘n Go Card first being registered via the TNGSB Portal prior to the e-refund application.

6.1.5   Your refund status can be checked at the TNGSB Website or notified to You via e-mail or SMS.

6.1.6   The refund shall be credited to Your preferred banking account or TNG Touch ‘n Go eWallet, provided that the necessary information and documentation for the prosessing of the refund has been provided by You.

6.1.7   After Your Card Value has been successfully refunded, Your respective Enhanced Touch ‘n Go Card will be automatically terminated by TNGSB.

6.2     Refund via Touch ‘n Go eWallet

6.2.1   Please download the Touch ‘n Go eWallet application and verify your Touch ‘n Go eWallet account to facilitate the refund, subject to Clause 6.2.2.

6.2.2   The refund request will be processed if Your personal information, including but not limited to, Your NRIC number and contact number, registered on the TNGSB Portal matches Your personal information on Your Touch ‘n Go eWallet account.

6.3     Refund for Foreigners who are leaving the Country

6.3.1   Cash refund is only available for a maximum amount of RM100.00 per Enhanced Touch ‘n Go Card. If the refund amount is more than RM100.00, TNGSB shall refund to You via Telegraphic Transfer to Your designated bank account. All Telegraphic Transfer charges shall be borne by You.

6.3.2   The request for cash refund must be made at any TNGSB Hubs by surrendering Your Enhanced Touch ‘n Go Card and producing Your passport.

6.3.3   Cash refund is not applicable to Enhanced Touch ‘n Go Cards that has been suspended or invalidated. TNGSB shall refund to You the respective amount via Telegraphic Transfer to Your designated bank account subject to approval. All Telegraphic Transfer charges shall be borne by You.

6.4     Refund for Malaysian Bank Account Holders

6.4.1   Refund request will be processed if Your personal information, including but not limited to, Your name and customer ID, is registered with the relevant bank account matches Your personal information registered with Your Enhanced Touch ‘n Go Card.

6.4.2   Do note that refunds under this Clause 6.4 shall not be permitted where the payment is to a third-party account.

6.5     Refund Period

6.5.1   All refund requests will be processed within thirty (30) days upon TNGSB receiving the refund submission with complete information from You.

 

6.6     Refund for Overcharged Transaction

6.6.1   You shall request for refund on overcharged transactions within two (2) months of occurrence except for overcharged transactions occurring at highways operated by PLUS Expressways Berhad (“PLUS”) which shall be made within thirty (30) days of occurrence. You may see the list of PLUS operated highways at the PLUS website: (https://www.plus.com.my/index.php?option=com_content&view=article&id=4&Itemid=122&lang=en)

TNGSB has the right not to process any refund request exceeding two (2) months (or thirty (30) days for PLUS-operated highways) from the date of transaction. You may refer to PLUS’s Terms of Use at the PLUS website: (https://www.plus.com.my/index.php?option=com_content&view=article&layout=edit&id=952&Itemid=417&lang=en)

6.6.2   Refunds for overcharged transactions are subject to the Service Provider’s verification.

7.0     Limitation of Liabilities

7.1     Indemnity

7.1.1   You agree to indemnify TNGSB against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or which TNGSB may sustain in connection with or arising from the provision of the Services to You due to Your negligence.

7.2     Exclusion of Liability

7.2.1   TNGSB, its Board of Directors, officers, employees, agents shall not be liable to You or any third party authorized by or claiming through You for any loss or damage, whether direct or indirect, special or consequential, suffered by You or any person authorized by You, occasioned by:

i.        the use or inability to use the Services by You or any persons authorized by You;

ii.       any act/omission by TNGSB, its Board of Directors, officers and/or employees in relation to the Services;

iii.     any act/omission by the Service Providers in relation to the Services, howsoever caused;

iv.     any loss, distortion or corruption of data arising from the use of the Services;

v.       any unlawful or unauthorized access to Your Enhanced Touch ‘n Go Card data; and/or

vi.     Your failure or delay in updating TNGSB as to any changes to Your information or details pertaining to Your Enhanced Touch ‘n Go Card.

7.2.2   Nothwithstanding the above, in the event TNGSB is liable to You for whatsoever reason, TNGSB’s liability shall be capped at Your remaining Card Value.

 

7.3     Fraud and Irregularities

7.3.1   Notwithstanding anything in these Terms and Conditions, in the event there are suspected fraud or irregularities in the Card Value, TNGSB shall not recognize the Card Value and no refund shall be made to you on any suspected fraudulent transactions.  TNGSB shall not be held liable or responsible in relation to any claim made by You or any third parties on the Card Value.

8.0     Privacy Notice

8.1     Personal Data Protection Act 2010

8.1.1   You acknowledge that You are aware and give Your consent to TNGSB that the Personal Data collected by TNGSB from You will be used and/or disclosed in accordance to TNGSB’s Privacy Notice as posted on TNGSB’s Website at http://www.touchngo.com.my in compliance with the Personal Data Protection Act 2010.

8.1.2   Where information is generally available and can be obtained by reasonably expected means at a location or an event that is open to the public, it shall be deemed as an implied consent and such implied consent shall be deemed as a valid consent from You. Where you voluntarily provide your Personal Data for a known purpose, it shall be deemed as an expressed consent from You.

8.1.3   Any images including photos and CCTV footages captured in our premises or events are deemed as Personal Data and shall be regarded as an expressed consent from You.

8.1.4   The Personal Data will be kept for at least seven (7) years according to the local laws and regulations.

8.2     Secrecy

8.2.1   TNGSB acknowledge that the document or information collected by TNGSB from You relating to Your affairs or account as a customer of TNGSB will be only used and/or disclosed in accordance to the secrecy provisions under the Financial Services Act 2013 (FSA).

 

9.0     Miscellaneous

9.1      These Terms and Conditions shall be governed by and interpreted in accordance with the Laws of Malaysia and under the exclusive jurisdiction of the Court of Malaya.

9.2      In addition to the Terms and Conditions contained herein, all Card Transactions transacted using the automated teller machine (“ATM”) shall additionally be governed by the relevant bank’s ATM Terms and Conditions.

9.3      If any of the provisions herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

9.4      These Terms and Conditions are also available in Bahasa Malaysia. In the event of any conflict or ambiguity between the terms of the English and Bahasa Malaysia version of the Terms and Conditions, the English version shall prevail.