Merchant Dashboard Banner Terms & Conditions
Definitions:
“Ads” means any advertisement(s) which shall include, but not limited to, branded content, sponsored content and purchaser advertisement(s);
“Banner(s)” means the promotional carousel banner feature offered in the Merchant Dashboard of Touch ‘n Go eWallet app and/or TNGD’s official website, that allows the Partner(s)/Merchant(s) of TNGD to list/advertise/promote the Partner(s)/Merchant(s)’ products, services, and/or brand(s) as agreed by such Partner(s)/Merchant(s) in TNGD’s official Merchant Dashboard;
“Purchaser(s)” means the Partner(s)/Merchant(s) who has/have placed the order with TNGD to list/advertise/promote such Partner(s)/Merchant(s)’ products, services, and/or brand(s) into banners which will be placed into/at TNGD’s official Merchant Dashboard
“Ads Materials” means any advertising materials created, commissioned, licensed or reworked under these Terms and Conditions, which shall include, but not limited to, artwork, copy, designs, photographs, video recording, character, music, voice over, sound recording, performance, painting, logo, active URLs, software, methodology, know-how and processes, or any other materials supplied by Purchaser to TNGD which shall be incorporated in to the Ads agreed by the parties.
“Rate Card” means the Services’ rate which determined by TNGD, at its sole discretion, and TNGD reserves the rights to amend the rates, from time to time.
“Merchant(s)” means the merchant(s) 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;
“Partner(s)” means the partner(s) as named and more particularly described and as determined by TNGD;
“Merchant Dashboard” means the dual feature in the TNG eWallet which allows Merchant(s) to track sale transactions and history records and to further allow selected staff(s) of TNGD to access such information; and
“TNGD” means TNG Digital Sdn Bhd. (Reg. No. 201701042478 (1256651-M); and
“You” shall be referred to as the Merchant(s) 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 Partner(s) as determined by TNGD.
“Performance Data” shall be referred to as the data regarding a campaign and/or project as determined by TNGD and/or as gathered by TNGD during the delivery of an Ads pursuant which shall include, but not limited to, the number of impressions, interactions, and Clickthrough rate (“CTR”);)
“Collected Data” means any data which shall include any Merchant(s)/Partner(s) details, which may made up of personal data, as submitted and consented by such Merchant(s) to be processed/used by TNGD, for the purposes of the Banner Ads, solely for the promotion of product(s), service(s) and/or brand(s) of such Purchaser(s)/Merchant(s)/Partner(s)’;
1. PRICE: The price of the Ads offered on the booking form provided by TNGD, shall exclude any applicable taxes and are subject to change(s) without notice as determined by TNGD from time to time.
2. PAYMENT:
(I) Once the Purchaser(s)(s) has/have confirmed the booking(s) for the purchase of the selected package(s), the full amount of the advertising order will be payable before publication into the operating account of TNGD, which details shall be as follows:
Account Name: TNG Digital Sdn Bhd
Bank Name: CIMB Bank
Bank No: 800-903-3782
(II) The Purchaser(s) shall inform TNGD by emailing to tngdmerchant@tngdigital.com.my once the payment of such purchase of the selected packages(s) has/have been made.
3. ADS POSITIONING & PUBLICATION DATES:
(I) The positioning of banner advertisements shall be at the sole discretion of TNGD unless a special position order is agreed upon, at the appropriate booking stage, via the booking form.
(II) TNGD does not guarantee that the publication/insertion dates will be fixed as stated in the requested marketing material and/or booking form (if applicable), due to many unforeseen factors that can influence the readiness of its publication.
(III) The banner order is only valid for ONE banner publication and must be according to the package purchased by Purchaser(s).
4. ADS DELIVERY AND REVIEW
(I) TNGD shall contact the Purchaser via e-mail within three (3) working day from clearance of payment by the Purchaser.
(II) The Purchaser will promptly supply to TNGD (at no charge) any Materials reasonably required by TNGD or otherwise necessary to provide the Services and shall ensure that it has all rights and licenses in place to enable use by TNGD of all Buyer Materials.
(III) TNGD will seek the Purchaser’s prior approval of any draft banner Ads and/or Content and such approval will be TNGD’s authority to proceed with the production and distribution of the relevant draft.
(IV) In the event that the Purchaser does not approve of any matter requiring approval it shall notify TNGD of its reasons for disapproval within 3 working days of TNGD’s request. If the Purchaser does not notify TNGD of its disapproval in accordance with this clause, it shall be deemed approved.
(V) TNGD is not required to accept any changes by the Purchaser to any banner Ads during published in Merchant Dashboard.
5. POST PERFORMANCE DATA: TNGD shall share the Performance Data collected or generated under or in connection with this banner Ads to Purchaser after the end of the campaign period, .
6. REFUND: Any purchased booking(s) made are non-refundable and not exchangeable. The booking of package(s) may not be cancelled once it has/have been made.
7. CANCELLATION: TNGD reserves the right to reject or cancel any of the orders at its sole discretion.
8. LIMITATION OF LIABILITY: TNGD shall be not be liable to anyone, including the Purchaser(s) and/or any of its representative(s) or employee(s) and/or any third party for any incidental, special, consequential or any other losses or damages of any kind.
9. DATA USAGE: The Purchaser(s) shall further be solely responsible to ensure the all Collected Data collected or generated under or in connection with this Banner Ads will to be treated as confidential information and obligations under the Data Protection Legislation. The Purchaser undertakes not to share the Data with any other business(es). TNGD shall not be liable in anyway whatsoever for any losses or damages that may arise or suffered by any customer and/or third party to the Purchaser(s) and/or user of Touch ‘n Go eWallet, due to the failure of the Purchaser(s) to comply with the terms of this clause and/or the Terms and Conditions herein.
10. 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 Purchaser 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 cases derived as a result from the usage of the Merchant Dashboard Banner Ads 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.
11. INTELLECTUAL PROPERTY: The Purchaser(s) acknowledges and agrees that notwithstanding the provision of the Merchant Dashboard Purchase, TNGD does not grant any license, authorization, and/or ,exclusive and/or revocable right(s) to the Purchaser(s), to use TNGD’s logo and/or brand or any of its form of intellectual property in any way whatsoever, except to display the untampered, unmodified or unchanged POSM(s) as instructed and determined by TNGD solely.
12. NO RESALE OF PURCHASED ITEM(S): You acknowledge and agree that you are buying the Merchant Dashboard Banner offered by TNGD for your own business use under the capacity of a Purchaser to TNGD, and that you will not resell or permit another to resell the said purchased item(s) to any third party.
13. 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.
14. 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.
15. GOVERNING LAW: These Merchant Dashboard Purchase Terms and Conditions shall be governed by the laws of Malaysia.