Master Terms and Conditions for Touch ‘n Go Generic Card

1.0 Definitions 

1.1              “ATM” is defined as automated teller machine;

1.2              "Card" means the smart card utilizing contactless technology as commonly known as the “Touch ‘n Go Card”; 

1.3              "Card Transaction" means an electronic transaction generated using the Card at any of the Service Providers or Point-of-Sale for payment and/or Reload transactions; 

1.4              "Card Value" means the equivalent monetary value in the Card which can be used towards the Services; 

1.5              "Dormant Card" means a Card that has no activity recorded for a period of twelve (12) consecutive months or any other period of time determined by TNGSB from time-to-time;

1.6              "Dormant Fee" means the fee deducted from the remaining stored value on a Dormant Card;

1.7              “Expired Card” means a Card with a period of ten (10) years having elapsed from the date that it is issued for use, or any other period of time determined by TNGSB from time-to- time;

1.8              "Invalidated Card" means a Card that cannot be utilized at any point-of-usages, e.g. toll lanes, transit, parking, retail outlets and/or other closed community areas as specified by TNGSB due to dormant, lost, stolen or compromised due to fraud;

1.9              "Issuer" means TNGSB or any other third parties as authorized by TNGSB in Malaysia;

1.10         "PayDirect" means a feature that allows You to make payment at any participating service providers using Your Card and the charge will be deducted directly from Your Touch ‘n Go eWallet Account balance;

1.11         ‘’Personal Data" means any information relating to an identifiable person who can be directly or indirectly identified by the information collected by the Issuer from You;

1.12         "Point-of-Sale" means a facility where the Card is sold/issued, Reload transaction can be performed and other customer support and services are rendered. The list of authorized Point-of- Sale is listed on the website of TNGSB at http://www.touchngo.com.my;

1.13         “Product Customized Card” refers to the product customized Cards issued by TNGSB in collaboration with its business partners from time-to-time;

1.14         “Reload" means the transaction of adding monetary value to the Card conducted at any authorized service providers or Point-of-Sale;

1.15         "Service Provider" means the merchant, seller or organization, which has agreed to accept payments through the use of the Card for goods and/or services sold and/or provided. The lists of authorized Service Providers are listed on the website of TNGSB at http://www.touchngo.com.my 

1.16         "Services" means the electronic payment services provided by TNGSB via the Card which shall include but not limited to facilitation of Card Transaction, Reload and Point-of-Sale and the goods/services offered by its business partners utilizing TNGSB services.

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

1.18          "TNG Digital" means TNG Digital Sdn Bhd (Company No.: 201701042478 (1256651 -M)), an associate company of TNGSB;

1.19         "TNGSB"   means   Touch   ‘n   Go   Sdn   Bhd   (Company   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;

1.19       "TNGSB Portal" means TNGSB's portal which can be accessed at https://www.tngportal.touchngo.com.my/tngPortal/login;

1.20         "TNGSB    Website"    means    TNGSB's    corporate     website     which    can    be    found     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 its e-wallet application accessible through Your smartphone in accordance with the Touch ‘n Go eWallet's Terms and Conditions which can be found at https://www.tngdigital.com.my/assets/pdf/user-terms-and-conditions.pdf;

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         “TT” is defined as telegraphic transfer.

1.24         “Unclaimed Monies" means monies remaining in the inactive Card for a period of not less than seven (7) years from the last transaction date as defined under the prevailing Unclaimed Monies Act 1965;

1.25         "You" or "Your" means you as the person to whom the Card has been issued for the purpose of using the Services in accordance with these Terms and Conditions; 

1.26         “Identification Document” is defined as customer NRIC or Passport, which serves as identification and verification documents.

 

2.0         General Terms

2.1         Agreement

2.1.1      These Terms and Conditions will govern all the Touch ‘n Go Cards including the Product Customized Cards. Kindly refer to Clause 11 of these Terms and Conditions for additional terms and conditions applicable on these Product Customized Cards.

2.1.2      The Services are provided on an "as-is" and "as-available" basis and the 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. TNGSB shall furnish You with the notice on the amendment to the Terms and Conditions which shall be published on TNGSB Website and/or in national dailynewspapers and/or via any electronic means, as the case may be, no less than twenty-one (21) days prior to the effective date of the said amendment to the Terms and Conditions.

2.1.4      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 are entitled to terminate the use of the Services. TNGSB shall not be liable to You for any claims, losses, damages, expenses or costs in whatsoever manner resulting therefrom.

 

2.2              Use of the Card 

2.2.1             The Card can be used at all Touch ‘n Go point-of-usage, e.g. toll, transit, parking, retail outlets and/or other closed community areas as specified by TNGSB.

2.2.2             When a Card is used at the point of entry to access the Services for road tolling, the same Card must be used at the point of exit. If a different/alternative Card is utilised or RFID Tag or an alternative Card is utilised- at the point of exit, the Service Provider reserves the right to impose additional charges on the RFID Tag or the different/alternative Card. 

2.2.3             TNGSB is under no obligation to replace or compensate You for the lost, stolen, damaged, cloned and/or any unauthorized Reload of Your Card. 

2.2.4             You may register Your Card by performing online registration through TNGSB Portal. This will facilitate the refund process should You wish to terminate the Card.

2.2.5             When You register Your Card via TNGSB Portal, You must ensure that the Personal Data provided by You is accurate, complete, not misleading and kept up-to-date as and when it changes. Subsequently, You may update Your Personal Data by contacting TNGSB Careline at 03-2714 8888. 

2.2.6             You are required to use Your 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 Card nor do any act of modification to the Card. 

2.2.7             You shall use all precautions to prevent any event of loss, theft, unauthorized use and/or cloning of the Card. In the event of loss, theft, unauthorized use and/or cloning of the 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 and shall indemnify TNGSB from all claims, losses, damages, expenses or costs in whatsoever manner resulting from such unauthorized use.

2.2.8             TNGSB and/or the Service Providers shall not honor any unauthorized use of the Card and such Card shall be invalidated by TNGSB.

2.2.9             You are entitled to use the Card for the Services at any of the authorized Service Providers and Point-of-Sale based on the remaining Card Value of Your Card. 

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

2.2.11        Your Card is valid at all times unless it is invalidated or expired pursuant to these Terms and Conditions. Validity period of a Card for use is ten (10) years from the date of issuance or suchother period as determined by TNGSB, and thereafter the Card shall be deemed expired and not valid for use. For the purposes of this Clause 2.2.11, ‘the date of issuance’ referred here refers to the date when the Card is purchased by You or purchased by a third party and resale it to the public, whichever is the earlier.

2.2.12        TNGSB shall cease or suspend the Services or Card, as the case may be, without prior notice and/or compensation to You if:-

i)                You breach any of the Terms and Conditions contained herein;

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

iii)            it is in TNGSB's opinion that the Services are or may be used for a fraudulent, illegal or unlawful purpose including but not limited to breach of legislation, regulation and/or guidelines under the Financial Services Act 2013, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

 

2.2.13        In the event the Services had been ceased or suspended by TNGSB in accordance with Clause

2.2.12 above, it shall be lawful for TNGSB to retain any and all Reload monies until the investigation on such Card is completed in accordance with applicable legislation, regulation and/or guidelines.

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

2.2.15        TNGSB shall cease or suspend the Services, as the case may be, with reasonable notice prior any maintenance, upgrading and/or modification works being carried out onto the Services.

2.2.16        The maximum Card Value of a Card is RM1,500.00 only at any one time.

  

2.3              PayDirect Function

2.3.1            There are no Dormant Card status and no Dormant Fee will be charged for Cards activated with PayDirect function.

2.3.2             You may link Your Card to Your Touch ‘n Go eWallet to keep track of Your Card Value, use any of the PayDirect features as well as enjoy any other benefits available therein. Invalidated Card cannot be linked to PayDirect function. 

2.3.3             PayDirect can be used at any participating service providers allowing You to make payment using Your Card and the transaction amount will be deducted from Your Touch ‘n Go eWallet Account balance. In the event Your Touch 'n Go eWallet Account balance is insufficient, the transaction amount will then be deducted from Your Card Value.

2.3.4             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 Account balance shall be in accordance with the Touch ‘n Go eWallet Terms and Conditions.

2.3.5             You can add value to Your Touch ‘n Go eWallet Account to enjoy the PayDirect features using credit card, online banking, soft pin or auto reload made available via the Touch ‘n Go eWallet application.

2.3.6             If Your Card is stolen/lost, You can delink Your stolen/lost Card immediately via the Touch 'n Go eWallet application and subsequently no transactions can be made to Your eWallet Account by the delinked Card.

2.3.7             You may also request for Your PayDirect transactions history up to ninety (90) days to be sent to Your preferred e-mail address.

2.3.8             For more information on Touch ‘n Go eWallet, please refer to the Terms and Conditions of Touch ‘n Go eWallet at https://www.tngdigital.com.my/assets/pdf/user-terms-and-conditions.pdf;

 

2.4               Expired Card

2.4.1             If Your Card has expired, You will not be able to use the Card at any point-of-usage, e.g. e.g. toll, transit, parking, retail outlets and/or other closed community areas as specified by TNGSB

2.4.2             You may change Your Card in advance within one (1) month prior the expiry date of Your Card without any cost to avoid any usage disruption and inconveniences at the point-of usage. 

2.4.3             You may refer to TNGSB's Portal/ Reload receipt/the back of the Card/Self-Service Kiosk (SSK) machine for information on the expiry date of Your Card. Any conflicting dates to the expiry date of a Card based on the information provided above shall be determined by TNGSB.

2.4.4             Alternatively, 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 expiry date of Your Touch 'n Go Card.

  

2.5               Lost or Stolen Card

2.5.1             Subject to Clause 2.5.2 below, TNGSB will invalidate all lost or stolen Cards upon:-

i)                verbal (telephone) notification by You with TNGSB's authorized officer followed by

ii)              notification in writing addressed to TNGSB transmitted by hand/mail/facsimile/e- mail/eRefund Portal/official TNGSB social media channel; or

iii)            walk in to TNGSB Service & Sales Centres to report to TNGSB's authorized officer.

 

2.5.2             You will remain liable and shall indemnify TNGSB from all Card Transactions, claims, losses, damages, expenses or costs in whatsoever manner resulting from such unauthorized use.

2.5.3             Subject to Clauses 2.5.1 and 2.5.2, TNGSB shall refund the Card Value (less any applicable fees) 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              Card Termination

2.6.1           You may at any time surrender the Card to TNGSB and discontinue the use of the Services. TNGSB will determine the condition of the returned Card and refund any remaining Card Value to You.

2.7              Card Warranty and Card Replacement

2.7.1           Card Warranty

For any Card purchased by You, TNGSB will guarantee the functionality of the Card from any faulty/malfunction for a period of thirty (30) days from the date of purchase, failing which, Your Card will be replaced without any charges.

 

2.7.2         Card Replacement

i)                Any Card replacement due to faulty/malfunction to the functionality of a Card after thirty (30) days from the date of purchase shall be at Your own cost and expenses.

ii)              Subject to Clause 2.7.1 and Clause 2.7.2 i) above, for Card replacement purposes, You are required to bring the Card to any of TNGSB Service & Sales Centres or any of the Point-of- Sale in order to obtain a replacement Card. 

iii)             If the Card Value can be determined by TNGSB’s customer service agent, the Card Value will be transferred to the replacement Card. You will be charged with the price of a new Card if the warranty of the faulty/malfunction Card has expired.

iv)            If the Card Value cannot be determined by TNGSB’s customer service agent, the Card will be replaced with a new Card and the Card Value will not be refunded to You. You will be charged with the price of a new Card if warranty of the faulty/malfunction Card has expired.

 

2.8               Dormant Card

2.8.1             With reference to Clause 2.3, You are strongly encouraged to link Your Card to Touch ‘n Go eWallet to avoid Dormant status.

2.8.2             Otherwise, Card that is not linked to Touch ‘n Go eWallet will become Dormant if there is no Card Transaction for a period of twelve (12) consecutive months or any other period as determined by TNGSB and the Card shall be invalidated by TNGSB.

2.8.3             To avoid any deductions or imposition of the Dormant Fee, You have to use the Card at least once in twelve (12) consecutive months.

2.8.4             Subject to Clause 2.8.2, the Dormant Fee shall be calculated as follows:-

i)                if the Card is not used for twelve (12) consecutive months, RM5.00 will be deducted from the unutilized Card Value, if any; and

ii)              for every subsequent six (6) months, RM5.00 will be deducted until the Card Value is depleted or up to seven (7) years, whichever comes first.

2.8.5            You may request for a refund on the remaining Card Value (if any) in Your Dormant Card after deductions of the Dormant Fee as per Clause 2.8.4 by submitting Your request to TNGSB.

2.8.6             Once the Card Value is depleted, TNGSB shall have the right to deduct the deposit (if any) for Dormant fee.

 

2.9              Reload Channels

2.9.1             You can Reload Your Card through valid Reload channels authorized by TNGSB.

2.9.2             The authorised Reload channels are:-

i)                Touch Go Service & Sales Centres;

ii)              Touch ‘n Go Customer Service Centres by Service Providers;

iii)            Touch ‘n Go Reload Counters at authorized agents and merchants;

iv)           Touch ‘n Go SPOT Counters at participating Petrol Service Stations;

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

vi)           ATM at participating banks.

 

2.9.3             Selected Reload Channels by agents, merchants and bank ATMs may charge Reload fee for each Reload transaction service. 

2.9.4             Card Value can also be reloaded automatically through auto-reload function made available through Zing Card issued by participating financial institutions. 

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

 

2.10       Applicable Tax/Taxes

The prices and 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 laws in Malaysia.

  

3.0              Card Registration

3.1              TNGSB Portal

3.1.1             You may register Your Cards at TNGSB Portal by creating a Login ID and Password and using a valid Card Serial Number or Manufacturing Number (MFG). Card Serial Number can be obtained from the back of Your Card and MFG number can be obtained from any Reload receipt for that Card. 

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

3.1.3             If You have reported Your Card as 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. 

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, prior to disclosing Your personal details to TNGSB. TNGSB shall not be liable for any loss or inconvenience caused to You for failing to obtain such consent.

4.0              Fees and Charges

4.1             TNGSB may vary the fees and charges from time-to-time by giving You advance notice of twenty- one (21) days. The relevant fees and charges will be made available in TNGSB Website.

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 the Service Providers for the usage of the Services.

 

5.0              Complaint Avenues and Forms of Communication

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

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

i)                ordinary mail;

ii)              short message service (SMS)/e-mail;

iii)             display of notices at all TNGSB Service & Sales Centres and/or Customer Services Counters;

iv)            published at TNGSB Website and official social media channels (including but not limited to Facebook, Instagram, Linkedln and Twitter); and/or

v)              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

Careline No.: 03-2714 8888 (Mon-Fri: 8.00am to 8.00pm) Fax No.: 03-2714 8889

E-mail: careline@touchngo.com.my

 

5.4             You may also visit any TNGSB Service & Sales Centres and Customer Services Counters at:-

Address

Operating Hours

Bangsar South 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 Service and Sales Centre

   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 provided. 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 the 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 (BNM TELELINK) Telephone No.: 1-300-88-5465 (Outside Malaysia: +603-2174 1717)

Fax No.: +603-2174 1515

Complaint Form available at telelink.bnm.gov.my

 

Ombudsman for Financial Services (66Å393P) (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 refund of Card Value through the following methods:

i)                contact TNGSB Careline;

ii)              fill-up e-Refund Form available on TNGSB Website; or

iii)             lodgement via Touch ‘n Go eWallet:

iv)            visit to TNGSB Service and Sales Centres

 

6.1.2              TNGSB shall only process refund request of registered Card submitted by the registered owner upon receiving complete information and supporting documents from You less any fees and charges (if applicable).

6.1.3              If Your Card is reported as lost or stolen or if You wish to terminate Your Card and if Your remaining Card Value is RM500.00 and above, You must present a copy of Your NRIC or passport for refund purposes at TNGSB Sales & Service Centres or by contacting our Careline.

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

6.1.5              The refund shall be credited to Your Touch ‘n Go eWallet or via crediting to Your bank account.

6.1.6              If You are requesting refund on Your Zing Card, refund shall be made to Your designated bank credit card. Please refer to Your designated bank on their refund terms and conditions.

 

6.2                 Refund via Touch 'n Go eWallet

6.2.1              Please download the Touch ‘n Go eWallet application to facilitate the refund.

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

6.3                  Refund via e-Refund Form on TNGSB Website

6.3.1              You can request for refund via e-Refund Form on TNGSB Website (https://customerservice.touchngo.com.my/erefund/).

6.3.2              Touch ’n Go’s eRefund service is available for customers who have registered their Card on TNGSB Portal. Register Your Card on TNGSB Portal and you will be able to monitor Your transactions, view Your e-statements, update Your personal details and secure Your balance in the event Your Card gets lost/stolen.

6.3.3              Your e-Refund payment will be credited to Your preferred account based on the following:

Type of Customer

Condition

Malaysian

•     The bank account holder’s name and the NRIC match with the registered card owner’s name and NRIC number registered at TNGSB portal.

•     Payment to third party account is not allowed.

•     Refund to Touch 'n Go eWallet is only applicable for verified Touch 'n Go eWallet Accounts.

Non-Malaysian

•     Payment shall be made via telegraphic transfer (TT) which the fee shall be borne by customer.

•     The bank account holder’s name and the passport number match with the registered card owner’s name and passport number registered at TNGSB portal.

•     Complete foreign bank name, address and swift code (if applicable).

•     Payment to third party account is not allowed.

•     Refund to Touch 'n Go eWallet is only applicable for verified Touch 'n Go eWallet Accounts.

6.3.4              For lost/stolen Touch ‘n Go Card eRefund request, the amount eligible for refund will be based on the available card balance on the date of the eRefund form submission.

 

6.4                 Refund via TNGSB Sales & Service Centres

6.4.1              At TNGSB Sales & Service Centre, refund will be processed based on available mode of payment at the point of request by You.

6.4.2              Mode of payment is defined as crediting into your bank account and/or eWallet.

6.4.3 You must present your identification documents, for verification and identification purposes.

6.4.4              If the refund is to be made in foreign currency, TNGSB shall refund to You via TT to Your designated bank account. All TT charges shall be borne by You. Amount refunded via TT will be upon deduction of any charges relating to the mode of payment.

6.5                 Refund Period 

6.5.1              For all refund requests made via eWallet, eRefund Form via TNGSB Website or TNGSB Sales & Service Centres, the refund shall be credited to You within thirty (30) days upon TNGSB receiving the refund submission request with complete information from You.

6.5.2              Complete information refers to those as stated in Clause. Your personal information, including but not limited to, Your name and customer ID, that is registered with the relevant bank account must match Your personal information registered with Card.

 

6.6                  Refunds for Overcharged Transactions

6.6.1             You can only request for refund for overcharged transactions within two (2) months of its occurrence.

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

6.7                 Refunds for Overcharged Transactions (PLUS Highway only)

6.7.1              Refunds for overcharged transactions occurring at highways operated by PLUS Expressways Berhad (“PLUS”), subject to PLUS verification, shall be made within thirty (30) days from the transaction date.

6.7.2              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 and

You may also 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

 

7.0             Indemnity and 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 (i) Your own act, omission, conduct, fault, negligence or fraud; (ii) Your breach or non-compliance with these Terms and Conditions; or (iii) breach by You of any applicable laws.

 

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 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 Card data; and/or

vi)            Your failure or delay in updating TNGSB as to any changes to Your information or details pertaining to Your Card.

 

7.2.2           Notwithstanding the above, in the event TNGSB is liable to You for whatsoever reason, TNGSB's liability shall be capped at the remaining Card Value or the sum of RM500.00 only, whichever is lower.

 

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

8.1.1              You are fully aware of the Personal Data collected by TNGSB from You and You hereby give Your consent to TNGSB for Your Personal Data tol be used, processed, stored and/or disclosed in accordance with TNGSB's Privacy Notice which can be accessed at TNGSB's website at https://www.touchngo.com.my/assets/documents/pages/home/TNG_Privacy-NoticeRevisedNov-2021.pdf in compliance with the Personal Data Protection Act 2010. Please read the TNGSB's Privacy Notice carefully as it governs our collection and use of Your Personal Data. 

8.1.2             You acknowledge that photographs and filming may take place at TNGSB's event or premises. TNGSB reserves the right to use images and videos recorded at such event or our premises with Your photographs and video for purposes of TNGSB's promotion and marketing at social media channels, TNGSB's website and print materials, without obtaining any further consent from You. If You do not wish for Your photograph and/or video to be taken at TNGSB's event or premises, please notify us during the event or at our premises and we will use reasonable endeavours to comply with Your request.

  

9.0                    Unclaimed Monies Act

9.1                    Any available balance in the Dormant Card which has been left unclaimed for a period of seven

(7) years shall be forwarded to the Registrar of Unclaimed Monies, Jabatan Akauntan Negara Malaysia and You may deal directly with the Registrar of Unclaimed Monies in respect of the remaining Card Value less any fee and charges (if applicable).

10.0  Miscellaneous

10.1.1           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.

10.1.2            In addition to the Terms and Conditions contained herein, all Card Transactions transacted using the ATM shall additionally be governed by the relevant bank's ATM Terms and Conditions. 

10.1.3          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.

10.1.4         These Terms and Conditions are also available in Bahasa Malaysia. The version which You have read, understood and agreed shall be the basis for the Terms and Conditions.

  

11.0  Additional Terms and Conditions Applicable for Product Customized Card

11.1.1        TNGSB may, from time-to-time, issue Product Customized Cards in collaboration with its business partners. Additional terms and conditions may be applied by our business partners. Please refer to the following:

i)                Touch ‘n Go Zing Card: This Card has an auto-reload function. This Card is issued by the participating financial institutions. It is linked with the user's credit or debit card account which will be debited with the auto-reload value. In addition to these Terms and Conditions, the Zing Cards are also subject to the Terms and Conditions imposed by the respective financial institutions.

ii)              Tesco Clubcard: This Card can be obtained at selected Tesco stores. Please refer to the Terms and Conditions applicable for Tesco Clubcard holders at the Tesco Malaysia website.

iii)            Watsons Card: A 2-in-1 Card that provides reward points for Watsons members in addition to the benefits You are entitled to with Touch 'n Go Card features. Clause 2.8 shall not apply to these Cards. Please refer to the Terms and Conditions applicable for Watsons card holders at the Watsons Malaysia website. 

iv)           Touch ‘n Go Photocard: Personalize this Card design with Your own chosen photo(s) or graphic(s). The Card is sold at TNGSB’s Customer Experience Centre Bangsar South, NU Sentral Service & Sales Centres and Wisma Nufri Johor Bahru Service & Sales Centres.

Please refer to the additional Terms and Conditions applicable for the photocard.

v)             MyKad: The Government Multi-Purpose Smart Card with Touch ‘n Go features. The Card shall at all times be the exclusive property of Jabatan Pendaftaran Negara and You shall not transfer Your MYKad to any other person. Clause 2.8 shall not apply to MyKad.

vi)           Touch 'n Go BIZSpoke Card: Formerly known as the "Special Design" Card provided by TNGSB. It is a custom-made Card specially created for TNGSB business partners to be issued to their customers.