Terms & Conditions: Merchant Dashboard Purchase

Merchant Dashboard Purchase Terms & Conditions

1. Definitions:

“Merchandise(s)” means the product(s) offered by TNGD to its Merchant(s), customers or user(s) of TNGD that can be purchased from the Merchant Dashboard by the authorised Merchant(s) of TNGD for the purposes of Merchant(s) business usage(s);

“Merchant(s)” means the merchant as named and more particularly described in the Merchant Registration Form/Page and/or in the Merchant Dashboard in the Touch ‘n Go eWallet and/or as saved and registered in TNGD’s system;

“Merchant Dashboard” means the dual feature in the TNG eWallet which allows Merchants to track sale transactions and history records and to further allow selected staff(s) of TNGD to access such information; and

“Merchant Dashboard Purchase” means the feature in the Merchant Dashboard of Touch ‘n Go eWallet app that allows the Merchant(s) of TNGD to purchase the selected POSM(s)and Merchandises offered by TNGD for the purposes of their business usage;

“POSM(s)” means the selected Point of Sales Materials offered by TNGD to its Merchant(s) that can be purchased from the Merchant Dashboard by the authorized Merchant(s) of TNGD for the purposes of Merchant(s) business usage(s) which shall be made up of QR Code and QR Code standee;

“QR Code” means the “Quick Response” code consisting of black and white squares storing information readable either by (i) the camera of a mobile device containing the TNGD mobile wallet app; and (ii) a QR Code scanner or terminal for the purposes of facilitating DuitNow QR Service, as the case may be;

“TNGD” means TNG Digital Sdn Bhd.; and

“You” the merchant as named and more particularly described in the Merchant Registration Form/Page and/or in the Merchant Dashboard in the Touch ‘n Go eWallet and/or as saved and registered in TNGD’s system.

2. Price: The price of the POSM(s) and Merchandise(s) offered on the Merchant Dashboard shall exclude any applicable taxes and are subject to change(s) without notice as determined by TNGD from time to time.

3. Payment: Once the Merchant has confirmed the order(s) for the purchase of the selected POSM(s) and/or Merchandise(s), the payment of such purchase will be deducted automatically from the Merchant’s Touch ‘n Go eWallet account.

4. Delivery of the Purchased POSM(s) and/or Merchandise(s): TNGD shall deliver the items purchased by the Merchant within twenty-one (21) working days (not including the payment date) from the date of payment made by the Merchant for West and Peninsular Malaysia orders. TNGD will not be responsible for lost of item(s) during the delivery process, caused by inaccuracy of details provided by such Merchant during the check-out point of the confirmation of purchase process. TNGD shall not be liable for any loss or damage due to delay in or non-delivery of the ordered items.

5. Damaged Purchased Item(s) Received: If the purchased item(s) is/are significantly damaged during the delivery process or damaged due to manufacturing error, and is within ten (10) calendar days from the date of the damaged item(s) received, the said damaged item(s) shall be replaced with a one-to-one replacement. Hence, such Merchant shall be qualified for a complimentary item replacement given that you are able to provide proof of damage. Upon investigation by TNGD and subject to validity of the purchased item(s), a replacement of the damaged item(s) will be dispatched to you to the same address, at zero cost.

6. Wrong/Incorrect Purchased Item(s) Received: If you have received any wrong/incorrect item(s) due to TNGD’s error, and is within ten (10) calendar days from the date of such wrong/incorrect item(s) is/are received, provide a written complaint to our merchant support team informing the same. You will be required to provide the relevant information requested by TNGD, including, but not limited to, the proof of wrong/incorrect item(s) received and the correct purchased/order number. Upon approval of the said process by TNGD, you will be required to print the necessary invoice provided by TNGD and to paste the said printed invoice on the parcel of the wrong/incorrect items received for the purposes of the re-collection/courier pick up by TNGD’s authorized courier. The replacement of the correct item(s) will be dispatched to you to the same address, at zero cost.

7. Purchased Item(s) Lost in Transit: If the item is lost during transit, we will make the necessary arrangements so that a replacement is dispatched. If you require further assistance, please fill up the form here. Our merchant support team will contact you within 3 working days.

8. Refund: Any items sold are non-refundable and not exchangeable. The order of item(s) may not be cancelled once it has/have been made.

9. Cancellation: TNGD reserves the right to reject or cancel any of the orders at its sole discretion.

10. Suspension of Transaction: TNGD has the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where TNGD believes you are in breach of these Merchant Dashboard Purchase Terms & Conditions.

11. Limitation of Liability: TNGD shall be not be liable to anyone for any incidental, special, consequential or any other losses or damages of any kind.

12. Usage of Item(s) Purchased: The Merchant shall ensure that the purchased items, i.e. POSMs and/or Merchandise(s) or any other similar items are not tampered with, damaged, modified or changed in any way whatsoever. The Merchant shall further be solely responsible to ensure the item(s) purchased is/are kept safe and well taken care. The Merchant undertakes not to share the QR Code standee with any other businesses without the prior consent of TNGD in writing. TNGD shall not be liable in anyway whatsoever for any losses or damages that may arise or suffered by the user due to the failure of the Merchant to comply with the terms of this clause. Notwithstanding anything to the foregoing, the Merchant further undertakes to duly and diligently comply with any and all guideline(s), training(s), information material(s), manual(s) and any other similar documents as may be issued from time to time by TNGD.

13. Unauthorised and/or Fraudulent Transaction(s): In no event shall TNGD be liable or responsible for any unauthorised or fraudulent transactions made by the user, its customer(s) and/or any third party (unless the same shall be due to a fault in the TNGD Mobile Payment Service). The Merchant shall be solely responsible and shall indemnify and/or reimburse its customers and/or any third party for any refunds required thereto (if applicable and whenever necessary). Any dispute transaction derived as a result from the usage of the Touch ‘n Go eWallet’s QR Code and/or the QR Code Standee provided by TNGD shall at all times be between the user and its customers and/or any third party. For the avoidance of doubt, in no event shall TNGD be a party in any resulting dispute over any aspect thereof, including, but not limited to, issues relating to merchantability, fitness for use, quality, quantity, or delivery.

14. Intellectual Property: The Merchant acknowledges and agrees that notwithstanding the provision of the Merchant Dashboard Purchase, TNGD does not grant any license or authorisation to the Merchant to use TNGD’s intellectual property in any way whatsoever except to display the untampered, unmodified or unchanged POSM(s) as instructed by TNGD.

15. Warranty: Unless expressly stated in these Merchant Dashboard Purchase Terms and Conditions, all item(s) purchased from and/or provided by TNGD shall be taken on an "as is" basis and without any warranty or condition, implied or statutory. TNGD specifically disclaims any implied warranties and conditions of merchantability and fitness for a particular purpose.

16. No resale of Purchased Item(s): You acknowledge and agree that you are buying the POSMs and/or Merchandise(s) offered by TNGD for your own business use under the capacity of a Merchant to TNGD, and that you will not resell or permit another to resell the said purchased item(s) to any third party.

17. Force Majeure: TNGD shall not be liable for non-performance, interruption or delay in the performance of its obligations under these Merchant Dashboard Purchase Terms & Conditions if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond TNGD’s reasonable control.

18. Variation: TNGD reserves the right to amend these Terms and Conditions at its sole discretion from time to time as it deems fit without prior notice.

19. Governing Law: These Merchant Dashboard Purchase Terms and Conditions shall be governed by the laws of Malaysia.