1.1.  Definitions

“Account” means an account created by any person on the Presto App to become a User for the use of the features and functions contained therein (including but not limited to the features of PrestoPay), subject to the Company’s approval. Detailed steps for registration of an Account are as set out in Clause 3 (Account and Registration);

“Affiliates” means any entity directly or indirectly controlled by a party or any affiliate or subsidiary thereof;

“Bank Account” means your bank account that belongs to you which has been registered to your Account as the designated bank account for the purposes of Presto App;

“Buyer” means a User who has placed an Order to purchase the Offering from the relevant Seller;

“Company” means Presto Technology Sdn Bhd [Registration No. 201501034702 (1160022-T)];

“Content” means all data, text, information, usernames, trademarks, logos, graphics, images, photographs, profiles, audio, video, items and that are submitted or posted by the Users or Sellers or generally, displayed on Presto App;

“e-money” means an electronic payment instrument which is equivalent to monetary value in cash that is paid in advance to the operator of the digital wallet (in this case, the operator of PrestoPay) in accordance with the provisions of this Terms of Use;

“Failed Fulfilment” means the event where an Order is cancelled due to the Seller’s inability to fulfil the Buyer’s Order;

“KYC Process” means the know-your-customer process as may be prescribed by the Company from time to time for the purposes of identifying and verifying the identity of the prospective Users, Buyers, Sellers or Merchants for compliance with the requirements of relevant laws, guidelines and/or regulations;

“Listing” means the listing of Offering submitted and uploaded on to Presto App by the Seller which details the terms, conditions and incentives attached to the Offering that may differ on a case-to-case basis, unless otherwise instructed by the Company;

“Loyalty Points” means a type of reward that a business offers within a loyalty program, which can be used as a payment checkout option on the Presto App, subject to the terms hereof;

“Merchant” means any person who accepts payments via PrestoPay and may not necessarily offer its Offering for sale on the Presto App;

“Offering” means the goods and/or services made available for sale on Presto App and/or PrestoMall by the Seller;

“Order” means the Buyer’s request to purchase one or more Offerings on Presto App and/or PrestoMall, fulfillment of which shall be the relevant Sellers’ obligations;

“Partners” means the business partners of the Company who have agreed to collaborate with the Company by permitting its members, customers and users to link their accounts created with the partners with the Account for purposes of easy accessibility, accumulation of rewards etc. The list of Partners may be changed by the Company from time to time without requiring your prior consent. As of the date hereof, the list of Partners includes the operators of the loyalty program marketed under the brands of BonusLink, PlusMiles, RISE, KLEAN and VSing.

“Personal Data” means any personal information as defined by the applicable personal data protection laws and regulations in Malaysia, pertaining but not limited, to you, the Company’s employees, agents, consultants, Buyers and Sellers;

“Presto App” means the multi-service lifestyle mobile application, powered by the Company, that offers various lifestyle and convenient features, including hassle-free mobile payments via PrestoPay which enable its Users to earn and redeem Loyalty Points. It also provides a marketplace known as “PrestoMall” for Sellers to list their Offerings for sale and Users to purchase the Offerings available;

“PrestoMall” means the digital marketplace operated by Presto Mall Sdn. Bhd. [Registration No. 201401037722) (1113867-K)] available within the Presto App or at domain www.prestomall.com;

“PrestoPay” means the digital wallet offered by the Company’s Affiliate, Presto Pay Sdn Bhd [Registration No. 200701037789 (795818-U)], which allows the User to perform a PrestoPay Transaction, subject to the terms and conditions of PrestoPay;

“PrestoPay Credits” means electronic monetary credits in Presto App which may be utilised by you within the ecosystem of Presto App only to perform any of the PrestoPay Transaction that shall not be convertible into cash. One (1) PrestoPay Credits is equivalent to Ringgit Malaysia One (RM1.00) only, unless stated otherwise by the Company;

“PrestoPay Transaction” means a transaction wherein the User, (a) makes a payment to Seller for the purchase of Offering on Presto App via PrestoPay with the combined use of e-money and PrestoPayCredits or either one, or (b) transfers funds to another User or Merchant;

“Privacy Notice” means the privacy policy published by the Company on Presto App as may be modified from time to time;

“Seller” means any person who has registered for an Account to list and sell the Offering on Presto App;

“Selling Price” means the price at which the Offering is offered for sale as indicated on the Presto App;

“SST” means the sales and services tax as imposed under the Sales Tax Act 2018 and Service Tax Act 2018, as may be amended from time to time;

“Terms of Use” means the terms and conditions stipulated in this document which is accepted by you by clicking accept or by way of utilisation of Presto App;

“Transaction” means a transaction wherein the Buyer purchases Offering from the Seller by paying the sum of monies in full via PrestoPay;

“User” means a person who has registered on the Presto App for an Account.

1.2.  Interpretation

In this Terms of Use, the following shall apply:-

(a) references to “you”, “your” or “yours” mean any person who is accessing and/or utilizing Presto App, subject to this Terms of Use;

(b) words importing the singular or the masculine gender will include the plural or the feminine/neuter genders or vice versa and references to persons include any individual, company, corporation, firm, partnership, joint venture, association, organisation, trust, state or agency of a state;

(c) any reference to “law” includes common law and any constitution, decree, judgment, legislation, order, ordinance, regulation, statute, treaty or other legislative measure in any jurisdiction or any present or future directive, regulation, request or requirement (in each case, whether or not having the force of law, the compliance with which is in accordance with the general practice of person to whom the directive, regulation, request or requirement is addressed);

(d) a period of days from the occurrence of any event or the performance of any act or thing shall be deemed to exclude the day on which the event happens or the act or thing is done or to be done (and will be reckoned from the day immediately following such event or act or thing); and

(e) no rule of construction applies to the disadvantage of the Company just because the Company was responsible for the preparation of this Terms of Use or any part of it.

Subject to this Terms of Use or any terms and conditions as published, Presto App primarily allows you to:-

(a) browse the Presto App;

(b) purchase Offering on Presto App;

(c) make payments via PrestoPay to Merchants; and/or

(d) access to or utilize other features and functionalities as made available within Presto App by the Company from time to time.

3.1. Generally, browsing the Presto App does not require for an Account to be registered. However, to ensure you have full and complete access to the features and functionalities of Presto App, such as the functions as set out in Clause 2 (Use of Presto App) above, you are required to register for an Account.

3.2. Unless otherwise specified by the Company, registration for an Account is free.

3.3. To register for an Account, it is necessary that you provide a valid mobile number and you are required to undergo the one-time-pin verification process via short message service (SMS). Thereafter, you will be prompted to set up a Transaction PIN (as stipulated in Clause 7 hereof).

3.4. By registering for an Account, you warrant and represent that you have attained eighteen (18) years of age or above. In the event that you are below eighteen (18) years of age, you shall obtain your parent or legal guardian’s consent. Your parent or legal guardian shall be responsible for your use of the Presto App.

3.5. You warrant that, all information provided during the registration process is accurate, current and complete at all times. Inaccurate, out-of-date or incomplete information may cause:-

(a) your loss of access to the Account;

(b) the Company’s termination of your Account;

(c) the inability for the Company to provide you with certain services such as those offered by the PrestoPay; and/or

(d) the inability for the Seller to fulfil the Order placed by you.

When we rely on the contents of your application for an Account, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted to us by you. For the avoidance of doubt, the Company shall not be held liable for any loss or damage you may suffer due to the above.

3.6. We reserve the right to accept or reject your application of an Account at our sole and absolute discretion in the following cases:-

(a) where we are not able to verify your identity with certainty;

(b) where you have not provided a valid mobile number;

(c) where the data provided by you upon sign-up is identical to an Account already registered with Presto App;

(d) where you have provided false or inaccurate information or omitted to provide necessary information during the application process;

(e) where you have breached any provision of this Terms of Use; and/or

(f) any other reason as may be determined by the Company.

3.7. You are responsible for maintaining the confidentiality, access and security of your Account information, including the mobile number you used to register for an Account, the password, and for all activity that occurs under your Account. You may be held liable for losses incurred by the Company or by the Sellers due to a third party using your password or Account. You agree to notify us immediately should there be any unauthorised use of your Account or password or of any other breach of security.

3.8. We shall be entitled to disable, suspend or terminate your Account or restrict your access to your Account temporarily or permanently and/or take any such measures or actions at any time in our sole and absolute discretion for any reason, including where you have breached any provision of this Terms of Use.

3.9. You may terminate your account at any time by contacting the Company at the email address as set out in Clause 13 (Contact) provided that no Order is pending fulfilment.

3.10. Termination of your Account either in accordance with Clause 3.8 or Clause 3.8 will result in you losing:-

(a) all your unutilized PrestoPay Credits;

(b) your shopping history; and

(c) your entitlement to utilize the services as offered by PrestoPay.

For the avoidance of doubt, any e-money save and except for unutilised electronic monetary credits awarded to you through Presto App, as may be stored in your PrestoPay shall be transmitted to your Bank Account in the event of such termination of your Account subject to the Company’s imposition of a fixed processing fee of RM2.00 (“Withdrawal Fee”) and charges of SST at the prevailing rate, and you further agree that any and all consequences arising from such termination shall be borne by you.

4.1. If you have an existing account registered with PrestoMall (“PrestoMall Account”), you may elect to link your Account with your PrestoMall Account by logging in to your Account or PrestoMall Account which shall redirect you to the relevant page for account binding.

4.2. The linkage of your Account and PrestoMall Account shall enable you to:-

 (a) have access to your PrestoMall Account information on Presto App, including but not limited to “List of Recently Viewed Products”, “Voucher Redemption”, “Wishlist”, “Orders” and “Shopping Cart”; and

 (b) view your PrestoMall Account under “My Page” feature.

4.3. Notwithstanding that you have agreed to link both your Account and PrestoMall Account, you shall retain your respective log in credentials for Presto App and PrestoMall.

4.4. In the event that you decide to unlink both your Account and PrestoMall Account, you may contact either the Company at the email address as set out in Clause 13 (Contact) below or the operator of PrestoMall, Presto Mall Sdn. Bhd. for such unlinking of accounts. 

4.5. You agree to be bound by this Terms of Use and PrestoMall’s terms and conditions in respect of such linkage of Account and PrestoMall Account.

4A.1    The Company may permit the linking of your Account with your accounts which you have created with our Partners on our Partners’ mobile applications, websites and/or platforms (“Partner Accounts”).

4A.2  The performance of the accounts-linkage under Clause 4A.1 above may enable you to have access to the information of your Partner Accounts.

4A.3  You agree to retain your respective log in credentials for your Account and your Partner Accounts.

4A.4  In the event that you decide to unlink both your Account and Partner Account, you may contact either the Company at the email address as set out in Clause 13 (Contact) below or the Partners for such unlinking of accounts.

5.1. You acknowledge that the Company merely is a facilitator for the Listing of Offerings by the relevant Seller and as such, will not be able to ensure that:-

(a) the Seller is the valid owner of the Offering;

(b) the Seller has the right to sell the Offering online in Malaysia;

(c) the Offering conforms with all applicable laws and regulations in Malaysia;

(d) the Offering conforms to the listed specifications, drawings, performance criteria and other descriptions referred to or provided on Presto App by the Seller;

(e) the Offering is of merchantable quality and free from defects in terms of materials, performance, operation and workmanship;

(f) the Selling Price of the Offering listed on Presto App is competitive;

(g) all information contained in the Content is concise, accurate and complete and no misleading information with respect to the Listing is included on Presto App; and

(h) no illegal or offensive content is inserted as part of the Content.

5.2. Upon your purchase of any Offering, you shall agree to be bound by the terms of each Listing with respect to each Product and acknowledge that any purchases as may be carried out via Presto App are by the relevant Sellers and not Presto App or the Company.

6.1. You agree and acknowledge that any purchase made on Presto App is subject to the payment terms as may be prescribed by the relevant third-party payment providers as may be listed on Presto App from time to time and you shall be bound by the rules as may be imposed by such service provider from time to time.

6.2. You shall accept the return of Failed Fulfilment in accordance with the policies established by PrestoMall and PrestoMall will have the right to determine at its sole discretion whether the Buyer will receive a refund, adjustment, replacement or reimbursement.

6.3. You hereby understand and acknowledge that your failure to collect or redeem the Offering from a designated location within a stipulated time frame as may be prescribed in the Listing shall result in forfeiture of the monies paid by you for the Offering and you shall not be entitled to claim possession of the Offering upon forfeiture.

6.4. You hereby acknowledge and agree that there shall be no refund on the confirmed purchase of prepaid reload for mobile numbers, online game credits and other digital content, payment of utilities, telecommunication service providers, local council and multimedia related payments and any other payments to service providers as may be expanded from time to time by the Company for any reason including but not limited to the following:-

(a) you request for or select a wrong Offering; and/or

(b) you wrongly input relevant payment details including but not limited to mobile number, account number, reference number and/or transaction amount, as the case may be.

7.1. To ensure extra security on your Account and facilitate the 2FA (as defined in Clause 8 below) process, you are hereby required to set up the transaction pin number when prompted by the Company within the Presto App (“Transaction PIN”) when:-

(a) you register for an Account;

(b) you log into your Account, without having set up the Transaction PIN previously; or

(c) you launch the Presto App, without having set up the Transaction PIN previously.

8.1. The Company has implemented an additional security process known as the “Two-Factor Authentication” (“2FA”) process:-

 (a) to verify the rightful owner of an Account;

(b) to prevent login of an Account by another User (other than the User who originally registers for the Account) using the mobile number which was previously used to register for the Account;

(c) to prevent unauthorized access to a User’s Account and leakage or misuse of personal data, information and records of Users; and

(d) for other purposes as the Company deemed necessary.

8.2. The 2FA process may be carried out via the following verification methods:-

(a) the User’s e-mail address;

(b) password of the User’s Account;

(c) the User’s Transaction PIN, if any; or

(d) any other mode of verification as determined by the Company.

If you are unable to remember the above details, you will not be able to go through the 2FA process. Please reach out to the Company in accordance with Clause 15 (Contact) hereof for Account recovery purpose. For clarity, the Company shall be entitled to request the necessary information from you for the purpose of this Clause.

8.3. You are required to undergo the 2FA process:-

(a) when you log into your Account on a new device or a device that is different from the device for which you use to create your Account previously;

(b) when you log into your Account after your Account has been dormant for the last twelve (12) months (i.e. you have not logged onto your Account for a consecutive period of twelve (12) months);

(c) when you log into your Account which was pre-registered for you by the Company while you were accessing our Partners’ platforms, sites and/or mobile applications; or

(d) as and when the Company determines in its sole right and absolute discretion.

You acknowledge that Presto App and its entire Contents are owned by the Company, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

10.1 By utilising Presto App (including content, features, links, services and tools) and your continuous access of Presto App, you represent that you have read, understood, accepted and agreed to be bound by all the terms and conditions stipulated in the Privacy Notice. If you object to your personal data being used in the ways described in the Privacy Notice , we strongly advise against the utilisation of Presto App.

10.2 The Company undertakes, represents and warrants that:-

(a) it will use and process your Personal Data for the purpose of the execution of the transaction in relation to the Order placed by you, your PrestoPay Transaction and/or linking your Account with PrestoMall Account and/or Partner Accounts pursuant to the Privacy Notice only and shall not disclose it to third parties irrelevant to the execution of the transaction in relation to the Order placed by you, your PrestoPay Transaction and/or linking your Account with PrestoMall Account or Partner Accounts;

(b) it will use and process your Personal Data in accordance and in compliance with the requirements under the applicable personal data protection laws; and

(c) it will implement security measures to ensure that the Personal Data are securely kept and maintained as required by the applicable personal data protection laws.

For a complete description of how the Company uses, retains and protects your personal data, please refer to the Privacy Notice.

11.1 You hereby undertake and warrant the following:-

(a) to comply with this Terms of Use as may be amended from time to time in accordance with Clause 17 (Variation);

(b) to comply with all applicable laws of Malaysia applicable to Presto App including but not limited to the Communication and Multimedia Act 1998, Financial Services Act 2012, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, Unclaimed Moneys Act 1965 and its subsidiary legislation, ordinances, codes, rules, regulations, notices, instructions or directives of the relevant authorities which may be amended from time to time;

(c) to comply with all notices or instructions given by the Company through Presto App from time to time;

(d) not to fraudulently utilise Presto App which may result in the Company and/or Presto App being responsible for any liability that may arise from such fraudulent activity;

(e) to keep your credentials for your Account confidential at all times and shall take steps to prevent disclosure of your credentials to any third party; and

(f) not to use and to take all reasonable steps to prevent the use of Presto App for any fraudulent, improper or illegal activity under all applicable and relevant laws.

11.2. You shall not:-

(a) use Presto App for any unlawful purposes or fraudulent activity including but not limited to vice, gambling or facilitating the commission of criminal activities whatsoever including but not limited to terrorism financing, money laundering or any other unlawful and illegal activities;

(b) use Presto App for any purpose which is against public interest, public order or national harmony;

(c) use, permit or cause to be used Presto App improperly or for any activities which breach any laws, regulations, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require the Company to take remedial action under any applicable industry code or in a way interferes with other Users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying Presto App or the internet;

(d) circumvent the Users’ authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any Users, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other Users into thinking that they are reading the Company’s legitimate web pages (referred to as “page-jacking”), or using Presto App for any unlawful or objectionable conduct. Users who violate the systems or network security may incur criminal or civil liability and the Company will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;

(e) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any other third-party (including other Users) to safeguard Presto App;

(f) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Presto App to send altered, deceptive or false source-identifying information;

(g) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Presto App;

(h) interfere with, or attempt to interfere with, the access of any Users, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing Presto App;

(i) collect or store any personally identifiable information of other Users from Presto App without their express permission; or

(j) directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid interfere with, or circumvent any copyright, trademark or any digital rights management mechanism, device or other content protection or access control measure associated with Presto App including geo-filtering mechanisms.

12.1 Presto App is provided on an “as is” and “as available” basis and the Company disclaims all liability and responsibility and makes no express or implied representations or warranties of any kind in relation to the provision of features and functionality of Presto App including but not limited to:-

(a) availability, accessibility, timeliness and uninterrupted use of Presto App; and/or

(b) sequence, accuracy, completeness, timeliness or the security of any data, information provided to you as part of the features and functionality of Presto App.

12.2. The Company will use all reasonable endeavours to ensure that Presto App is secure and cannot be accessed by unauthorised third parties but does not warrant the security or confidentiality of any information transmitted through Presto App.

12.3. The Company shall not in any event be liable or responsible to you and/or any third party for any costs, loss or damages whether arising directly or indirectly, or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of including but not limited to the insolvency of the Company, stolen e-money instruments, fraudulent transactions, unauthorised access to your Account, Partner Account and/or PrestoMall Account or any of your usage of Presto App.

12.4. While the Company undertakes reasonable care to ensure that the features and functionality as provided by Presto App is uninterrupted and that transmissions will be error-free and that the security of Presto App is safeguarded within the Company’s control, due to the nature that the functionality of Presto App is reliant on connectivity, the Company shall be unable to provide any guarantees in this regard.

13.1. You agree to fully indemnify and hold the Company (and its Affiliates, employees, representatives and agents) harmless against any and all claims brought by any person resulting from the use of Presto App by you and in respect of all losses, expenses (including reasonable legal costs and expenses), actions, proceedings, claims, damages, costs, or liabilities whatsoever suffered or incurred directly or indirectly by the Company in consequence of such use of Presto App or your breach or non-observance of the provisions of this Terms of Use.

13.2. Pursuant to Clause 11.1, you shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against the Company arising from the above claims and shall provide the Company with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.

14.1. The Company may at its absolute discretion immediately terminate, interrupt or suspend your usage of Presto App or change the procedures of operation without giving any reason or notice thereof.

14.2. Subject to Clause 12.1, the Company reserves the right at its absolute discretion and at any time to immediately suspend, interrupt or terminate your use of Presto App or your Account for any reason without advance notification, including but not limited to any of the following circumstances:-

(a) if in the opinion of the Company, you have indulged in any dishonest, fraudulent, illegal and/or criminal conduct or misrepresentation. Such dishonest, fraudulent illegal and/or criminal activity shall be reported to the relevant authorities including but not limited to the police department, Bank Negara Malaysia and/or Malaysian Communications and Multimedia Commission, where applicable;

(b) if you are in breach of any of the provisions of the Terms of Use or of any acts, statutes, laws, by-laws, rules and/or regulations imposed by any party, regulatory body and government agency in relation to your use of Presto App;

(c) if you have submitted false documents or declared false information in your registration or KYC Process for Presto App;

(d) in the event of a recycled mobile number is being used by a new User for registration of an Account and the new User is unable to register for an Account; or

(e) the Company is of the opinion that your utilisation of the features and functionality of Presto App is prejudicial to the Company’s interest or you have acted in bad faith or with malicious intent to harm the usage of Presto App.

14.3. Without limitation to the foregoing, if the Company has reasonable grounds to believe that you are in breach of any of the provisions of this Terms of Use, the Company reserves the right in its sole and absolute discretion to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing, or if so requested by any law enforcement authorities or court order, the Company has the right to disclose the identity or other information of anyone posting any materials on or through Presto App.

For further information, further enquires and complaints in respect of Presto App, you may contact the Company at support@prestouniverse.com or select “chat with us” function in the Presto App to initiate a live chat. Our customer support service is available on Monday to Friday, from 9.00 a.m. to 6.30 p.m., which may be subject to changes from time to time without notice to you.

This Terms of Use is governed by and is to be construed in accordance with the laws of Malaysia.

18.1. The illegality, invalidity or unenforceability of any provision of this Terms of Use under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction, nor the legality, validity or enforceability of any other provision.

I8.2. If a provision in this Terms of Use is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down the provision as required in this clause, that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in the Terms of Use.

19.1. The Company reserves all rights and may at any time vary, revise, change, amend, withdraw, substitute or remove any of this Terms of Use.

19.2. Any such amendment shall take effect on the date where such amendment is posted on Presto App or any other days as specifically stated by the Company.

19.3. The continued use of Presto App after the posting of the revised Terms of Use and/or notification of any such variation, revision, change, amendments, withdrawal, substitution or removal of this Terms of Use shall be deemed to constitute your acceptance with no expression of any reservation by you.

This Terms of Use shall constitute a legally binding agreement between you and the Company in relation to your usage of Presto App. Depending on the services provided within Presto App and used by you, certain other terms and policies as published in Presto App shall also apply to you and form part of your agreement with us, including but without limitation, the Terms of Use (PrestoPay), PrestoMall’s terms of use, Privacy Notice etc. If there is any conflict between the provisions contained in this Terms of Use and any of the terms or policies published in Presto App, the relevant terms with regard to the service you use shall apply to the extent of the conflict. Otherwise, this Terms of Use shall prevail.