1.1 This site, www.evetag.com and the software solution platform known as “[EVETAG]” (“Platform”) is operated by Evetag Solutions Sdn Bhd, a company registered in Malaysia with company registration number 1331411-D and with registered offices at No. 10, Jalan Tandang 51/205A, Section 51, 46050 Petaling Jaya, Selangor, Malaysia (“EVETAG”).
1.2 This page explains the terms by which you may use and access our online services and Platform (collectively “Services”). Please read the terms and conditions as set out herein (“Terms and Conditions”) carefully and thoroughly before using the Platform or opening an account with us. You may use the Services only if you agree to and comply with these Terms and Conditions and all applicable laws, rules and regulations. If you are under 18, your parent or guardian must agree to these Terms and Conditions on your behalf, and will be responsible for your use of and access to the Services; this includes financial responsibility for any items you purchase through the Services.
1.3 By accessing or using the Services, you agree that you have read, understood and agreed to be bound to all our Terms and Conditions whether or not you are a registered User of our Services.
1.4 The terms “you”, “your”, “Buyer”, “User” and “Customer” in these Terms and Conditions refer to the person accessing or using the Platform or our Services or purchasing and/or redeeming the Merchant Offering (as defined below) from any of the Merchants (as defined below) via the Platform.
2.1 We reserve the right to amend these Terms and Conditions at any time and it is your responsibility to review these Terms and Conditions on each occasion you visit the Platform.
2.2 All amendments to these Terms and Conditions will be posted on the Platform. However, continued use of the Platform will be deemed to constitute acceptance of the new Terms and Conditions. You may discontinue using the Platform if you disagree to be bound by such new Terms and Conditions.
3.1 The following terms shall have the following respective meanings:
- a) “e-Vouchers” means the e-vouchers issued by the Merchant through the Platform to Users and which are subject to the e-Voucher Terms and Conditions and “e-Voucher” shall be construed accordingly;
- b) “Merchant” means the vendors and/or service providers of the associated Merchant Offering for which the e-Voucher can be redeemed and “Merchants” shall be construed accordingly; and
- c) “Merchant Offering” means the goods and/or services provided, supplied and offered by the Merchant and which is eligible for redemption using the e-Voucher.
4. Account and Security
4.1 To purchase and/or redeem for any of the e-Voucher, you must create an account at the Platform in order to gain access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
4.2 Your permission to use the Platform and/or the Services is conditional upon your agreement that you will provide accurate information when creating an account or registering for our Services.
4.3 You must notify EVETAG immediately of any breach of security or unauthorized use of your account. EVETAG shall not be liable for any losses caused by any unauthorized use of your account.
5. Conditional Use of Our Platform and Services
5.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms and Conditions. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted herein without notice to you.
5.2 The Merchant Offering expressed on the Platform are those of the Merchants and are not made by us. Submissions or opinions expressed on the Platform are those of the individual posting such content and may not reflect our opinions. We are not liable for any loss or damage you may suffer as a result of the publishing of inaccurate, misleading or fake information by the Merchants or any omission of information. If you have any queries regarding the goods and/or services promoted in the Platform please notify us at the details provided in Section 12.1 herein and we will provide necessary information and/or assistance for you to resolve such matter with the relevant Merchant.
5.3 The Merchants are solely responsible for the price and quality of their respective Merchant Offering, and compliance with law, including laws with respect to Expiration Dates. The Merchant Offering and e-Vouchers are subject to terms, conditions, limitations and restrictions stated on the Platform as fine print and/or highlights and/or in these Terms and Conditions. EVETAG is not responsible for additional or different terms, conditions, limitations and restrictions that may be imposed by the Merchants on the Merchant Offering and/or e-Vouchers. In the event that a Merchant refuses to honour the e-Voucher without cause or contrary to law or these Terms and Conditions or for any reason whatsoever, your only recourse is against the said Merchant and EVETAG shall not be held liable for the default of the Merchant. EVETAG reserves the right to cancel, terminate or alter any Merchant Offering at any time.
5.4 Purchasing or redeeming for any of the e-Voucher on the Platform may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every User of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. EVETAG shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
5.5 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
5.6 We reserve the right, but shall not be obliged to:
- a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms and Conditions contained herein and may take any action as we deem appropriate;
b) prevent or restrict access of any unauthorised User to the Platform and/or the Services;
c) report any activity suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
d) request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this section if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
5.7 If you violate any of the Terms or Conditions stated herein, we reserve our right to suspend and/or terminate your access to the Platform and/or Services.
6. Intellectual Property
6.1 All proprietary content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Platform are the property of EVETAG and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Platform and/or Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or its content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of the Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Platform).
7. Abusing Our Platform
7.1 Without limiting other remedies available to us, we may limit, suspend, or terminate our Services and your accounts, prohibit your access to the Platform and its content, delay or remove hosted content, and take technical and legal steps to keep you off the Platform if we believe that you are creating problems or possible legal liabilities, infringing our Intellectual Property and/or the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or Users whom we believe are harassing our employees or other Users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of Users who may be repeat infringers of our Intellectual Property and/or the intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
8. Reward Points
8.1 As an User, you may be entitled to be gifted certain reward points on the Platform (“Reward Points”) which will be used to redeem, purchase or exchange rewards, offers, goods, services, benefits, and promotions (collectively “Benefits” and individually a “Benefit”) that is granted or provided by EVETAG on the Platform.
8.2 Your entitlement and usage of the Reward Points and/or Benefits shall be determined by EVETAG in its sole and absolute discretion and may be subject to change by EVETAG, from time to time.
8.3 The Reward Points can only be used for the redemption and exchange of the Benefits on the Platform or such other purposes as may be prescribed by EVETAG from time to time. The rates governing the redemption and exchange of the Reward Points for the Benefits shall be determined by EVETAG in its absolute discretion and shall be subject to change from time to time at EVETAG’s absolute discretion, with or without notice to you.
8.4 The Reward Points shall not be exchangeable for cash or cash equivalents or used as a means for transaction for any monetary gain (cash or otherwise) and shall not be used as legal tender.
8.5 The granting and issuance of the Reward Points to you shall be based on EVETAG’s prevailing policies.
8.6 EVETAG has the right to suspend your use and relinquish, terminate and destroy the Reward Points for any reason whatsoever, including in the event you breach any of these Terms and Conditions or in the event your account is suspended, investigated, or terminated. Any determination of EVETAG as aforesaid shall be final and conclusive.
8.7 The Reward Points that have been used for the redemption and exchange of Benefits are non-refundable save with EVETAG’s approval.
9.1 The e-Vouchers may be issued in the form of a digital code, including but not limited to QR codes, promo codes, unique codes, 4-digit pin codes or any other codes that is generated by EVETAG on such terms and based on EVETAG’s prevailing policies from time to time. The e-Voucher shall be subject to its own terms and conditions of use, which may be varied by EVETAG and/or the Merchants at any time, at its absolute discretion. YOU ACKNOWLEDGE AND AGREE THAT THE E-VOUCHERS ARE ISSUED BY THE MERCHANTS AND THAT IT IS THE SOLE RESPONSIBILITY OF THE MERCHANTS TO HONOUR THE TERMS OF THE E-VOUCHERS ON THE TERMS AND CONDITIONS CONTAINED THEREIN.
9.2 The Platform may accept the conversion of recognised reward/loyalty points
(“Recognised Points”) in exchange for the e-Voucher(s). What constitutes Recognised Points and the terms and conditions governing such conversion shall be determined by EVETAG in its absolute discretion. The re-conversion of e-Vouchers to the Recognised Points shall be based on the prevailing policies, terms and conditions of EVETAG and the issuer of such Recognised Points which, for the avoidance of doubt, shall be at the absolute discretion of EVETAG and the issuer of the Recognised Points.
9.3 IN ADDITION TO THESE TERMS AND CONDITIONS, THE E-VOUCHERS SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF USE AS SPECIFICALLY SET OUT ON THE E-VOUCHER.
9.4 Your entitlement and usage of the e-Voucher shall be determined by EVETAG and the Merchant in its sole and absolute discretion and may be subject to change by EVETAG and/or the Merchant, from time to time.
9.5 If no expiry date is stated on the e-Voucher, the e-Voucher shall expire three (3) months from the date of its issue or such other period as may be prescribed by EVETAG.
9.6 Expired e-Vouchers are not redeemable and the amount in the e-Voucher will not be refunded or credited when expired.
9.7 These e-Vouchers are valid only for use at approved outlets and branches of the Merchant and in accordance with the Specific e-Voucher T&Cs as stated thereon.
9.8 E-Vouchers are not refundable and cannot be replaced if lost or expired unless stated specifically.
9.9 The e-Vouchers shall not be exchangeable for cash or cash equivalents or used as a means for transaction for any monetary gain (cash or otherwise) and shall not be used as legal tender.
9.10 The value of the e-Voucher does not accrue interest nor does it have a cash value.
9.11 EVETAG has the right to suspend your use and relinquish, terminate and destroy the eVoucher for any reason whatsoever, including in the event you breach any of these Terms and Conditions or in the event your account is suspended, investigated, or terminated. Any determination of EVETAG as aforesaid shall be final and conclusive.
9.12 The e-Vouchers that have been used are non-refundable save with EVETAG and/or the Merchant’s approval.
9.13 Entitlement to the usage and/or benefits of the e-Voucher is strictly limited to the registered account holder in which the e-Voucher is registered to and the e-Voucher may not be utilised on behalf of any other person(s).
9.14 Additional terms and conditions may be specified in relation to specific e-Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of the e-Voucher in addition to these Terms and Conditions. Such additional terms and conditions shall form an integral part of these Terms and Conditions.
9.15 EVETAG will not be liable and/or be required to offer replacement e-Voucher, discounts, credits, cash or otherwise compensate customers for:-
- a) discontinued or cancelled e-Voucher;
- b) improper use of or inability to redeem an e-Voucher due to technical issue; or
- c) the loss, theft or illegibility of an e-Voucher.
10. Purchase, Redemption and Payment
10.1 You should carefully read the Merchant Offering details and review information such as price, option price, charges, and such other terms and conditions for the Merchant Offering before purchasing or redeeming an e-Voucher.
10.2 We will notify you if for any reason we are unable to process your request, or any part of it (in which case we shall not take payment from you in respect of the cancelled request, or the partially cancelled request). The circumstances where we may not be able to process and accept your request including but not limited to:
- a) where your payment has not been authorised;
- b) where we have identified a description error on the Merchant Offering; and/or
- c) where you have not complied in any way with these Terms and Conditions.
10.3 All information of the e-Vouchers listed on the Platform are correct at the time of publication; however, we reserve the right to alter these in the future. We also reserve the right to alter the Merchant Offering available for redemption on the Platform (“Redemption”).
10.4 All Redemption listed on the Platform reflect the Redemption value at the time of listing. We give great care to keep them up-to-date. In the case the Redemption listed is not current, we will contact you to inform you about the differences and you can choose to opt-out from the Redemption.
10.5 The total Redemption or e-Voucher redeemed will be displayed on the Platform when you place your request. Where applicable, full payment must be made for all e-Vouchers generated.
10.6 We take no responsibility and assume no liability for any loss or damages arising from shipping information, the Merchant’s inability to process the redemption of the e-Voucher and/or payer information entered by you or wrong remittance by you in connection with the payment for the e-Voucher purchased and/or redeemed. We reserve the right to check whether you are duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
10.7 Where applicable, you warrant that the credit or debit card details that you provide are of your own credit or debit card and that you have sufficient funds to make the payment.
11. Content and Links
11.1 Parties other than EVETAG may list advertisement on the Platform, and the Platform may link to the sites of EVETAG’s affiliated companies and certain other companies. EVETAG is not responsible for examining or evaluating, and does not warrant the information of such business or individual or the content of their websites. EVETAG does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
11.2 The Services may contain information supplied by third parties and links to internet sites maintained by third parties. EVETAG does not, in any respect, control such content or operate such sites and does not guarantee the availability of any email from or links to third-party sites. Third-party’s content and links are included solely for the convenience of Users, and do not constitute any endorsement by EVETAG.
12.1 We place great value on our Customer satisfaction and take complaints seriously. We aim to respond to your complaints within 5 business days. All complaints should be addressed to our Customer Service at: (a) our helpline: [+603-27783232]; or (b) our email: [[email protected]]
12.2 The term “business day” or “business days” in these Terms and Conditions refer to a day other than a Saturday or Sunday on which banks in Kuala Lumpur are open for commercial business.
13. Return, Replacement or Refund
13.1 The return, replacement or refund of the Merchant Offering (or any part thereof) shall subject to the policy of the respective Merchants. EVETAG shall not be liable for any matter arising from or incidental to the return, replacement or refund of the Merchant Offering.
14. Access and Interference
14.1 The Platform contains robot exclusion headers. Much of the information on the Platform is updated on a real-time basis and is proprietary or is licensed to EVETAG by our Users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Platform for any purpose without our express written permission.
14.2 Additionally, you agree that you will not:
- a) take any action that imposes or may impose (in our sole discretion) any unreasonable or disproportionately large load on our infrastructure;
- b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Platform without the prior expressed written permission of EVETAG and the appropriate third party, as applicable;
- c) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; or
- d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
15.1 You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.
16. No Warranties
16.1 You will not hold us responsible for other Users’ content, actions or inactions, or items they list, including things they post. We are merely responsible for operating and managing the Platform and make reasonable efforts in order to maintain efficient services. We are not involved in the actual transaction between you and the Merchants. We have no control over and do not guarantee the quality, safety or legality of the Merchant Offering, the truth or accuracy of the Merchants’ content or listings, the ability of the Merchants to sell the Merchant Offering, or that the Merchant will actually complete a transaction.
16.2 We do not provide and/or transfer legal ownership of the Merchant Offering to you. This remains the responsibility and obligation of the Merchant. We cannot guarantee continuous or secure access to our Services, and operation of the Platform may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Platform and Services.
16.3 All materials, information, software, products, services and other content contained in the Platform, or obtained from a linked in the Platform is provided to the User “as is” without warranty or conditions of any kind, whether express or 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. EVETAG has made reasonable efforts to post current and accurate information on the Platform; however, we assume no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided in the Platform. Under no circumstances will EVETAG be liable for any loss or damage caused by the User’s reliance on information obtained through the Platform. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of the Platform is solely at the User’s own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to some Users.
17. Limitation of Liability
17.1 The User specifically agrees that EVETAG shall not be responsible for unauthorised 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 the Platform. The User specifically agrees that EVETAG is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The User specifically agrees that EVETAG is not responsible for any content sent using the communication services and/or included in the Platform by any third party.
17.2 In no event shall EVETAG be liable for any special, incidental, indirect, punitive or consequential 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 product (including the Merchant Offering), (3) loss of use, data or profits, (4) delays or business interruptions, and (5) any theory of liability) arising out of or in connection with the use of, or inability
to use the Platform, whether or not EVETAG has been advised of the possibility of such damages.
18. EVETAG SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (1) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (2) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THE MERCHANTS, EVEN IF EVETAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EVETAG SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EVETAG’S REASONABLE CONTROL.
19. No Agency
19.1 No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms and Conditions. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between EVETAG and any Buyer or Merchants.
20.1 Except as explicitly stated otherwise, any legal notices shall be served on Evetag Solutions Sdn Bhd via registered mail, to at No. 10, Jalan Tandang 51/205A, Section 51, 46050 Petaling Jaya, Selangor, Malaysia or using the Contact Us form (in the case of EVETAG) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given twenty four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process.
In such case, notice shall be deemed given three (3) days after the date of mailing unless otherwise required by law.
21. Applicable Law and Jurisdiction
21.1 By visiting the Platform, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and EVETAG. The courts of Malaysia will have nonexclusive jurisdiction over any legal action or the proceedings against EVETAG arising out of, with respect to, or in connection with any disputes over these Terms and Conditions and disputes between Users.