The Terms of Use – PrestoPower apply to any Shopper who rents portable power bank devices via PrestoPower. The Terms of Use – PrestoPower shall be read together with Terms of Use – Presto App, PrestoPower’s Privacy Policy and Presto App’s Privacy Policy (collectively “Terms and Conditions”). You hereby acknowledge that you have read, understood and accepted the Terms and Conditions and by using Presto App to rent power bank devices from PrestoPower, constitutes your unconditional acceptance to be bound by the Terms and Conditions, which may be amended from time to time.

1.1       Definitions

 

PPWMY”: means the operator of PrestoPower, Presto Power Sdn. Bhd. [Registration No. 202001010023 (1366343-H)]; 

 

PrestoPower”: means the portable power bank rental services offered on Presto App by PPWMY that Shopper can rent at any participating merchants;

 

PrestoPower’s Privacy Policy”: means the Privacy Policy of PPWMY currently in force in Presto App;

 

"Presto App’s Privacy Policy": means the Privacy Policy of PRPMY currently in force in Presto App;

 

"Terms and Conditions": means, collectively, the Terms of Use - PrestoPower, Terms of Use - Presto App, PrestoPower's Privacy Policy and Presto App's Privacy Policy; and

 

"Terms of Use - Presto App": means the Terms of Use of Presto App currently in force in Presto App.

 

2.1   The mechanics to rent power bank devices from PrestoPower shall be as follows:

 

(a) Step 1:  Use the Presto App scanner or any QR scanner to scan the code that is displayed on the power bank charging cabinet located at the participating merchant’s premises;  

 

(b) Step 2:  Select the location of power bank device;   

 

(c) Step 3:  Check out and make payment for the deposit of the power bank device; 

 

(d) Step 4:  Wait for the order to complete and collect the power bank device from the power bank charging cabinet located at the participating merchant's premises; and 

 

(e) Step 5:  Return the power bank device at any participating merchants or location as listed on Presto App. Select the return option on the power bank charging cabinet at any participating merchant, insert the power bank device into the designated slot and the total payment for the rental will be indicated on Presto App, the sum of which will be deducted from Shopper's Presto App account. The deposit will be refunded to the Shopper in the form of PrestoPay Credits subject to Clause 3.2 herein. 

3.1   The rental fee for each power bank device is at the rate of RM2.00 at the first hour and RM1.00 for every subsequent half an hour. The maximum rental fee for one (1) day is capped at RM5.00.

 

3.2   Deposit in the sum of RM20.00 is applicable for each rental of power bank device. The deposit will be refunded to the Shopper in the form of PrestoPay Credits once the return of the power bank device is completed. In the even the Shopper fails to return the power bank device within five (5) days from the date of rental, the deposit shall be forfeited accordingly.

 

3.3   Payment for the deposit and rental fee of power bank device via PrestoPower can be made by way of debit card, credit card, online banking, PrestoPay and other e-wallet services made available from time to time. 

 

3.4   The Shopper agrees and acknowledges that any rental via PrestoPower is subject to the payment terms as may be prescribed by PPWMY and the relevant third-party payment providers as may be listed from time to time. Refund shall only be applicable to the following events:-

 

  1. (a)   the deposit of the power bank device is charged to the Shopper, but the power bank device did not eject from the power bank charging cabinet due to internet connection interruption; and
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  4. (b)   any other circumstances incurred due to unforeseen interruption of internet connection or electricity power supply and subject always to PPWMY's absolute discretion.

 

3.5   Subject always to Clause 3.4, the refund of payment for the purchase made via PrestoPower shall be made in accordance with the methods and manners as may be determined by PPWMY.

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4.1   The Terms of Use – PrestoPower shall be governed by and construed in accordance with the laws of Malaysia.

 

4.2   The Shopper shall indemnify and keep indemnified in full, PPWMY, PRPMY, its officers, directors, employees, agents and representatives against all losses, costs, expenses, damages, liabilities fines, penalties, demands or claims of any nature whatsoever that may be suffered by or incurred by PPWMY, PRPMY, its officers, directors, employees, agents and representatives as a result of (whether directly or indirectly) any of the following (without limitation):-

 

(a)   act, omission, breaches, default, negligence, mistake or fraud on the part of the Shopper; or

 

(b)   any breach of the Terms and Conditions by the Shopper.

 

4.3   In no event shall PPWMY and PRPMY be liable to the Shopper for any losses or damages suffered or which may be suffered by the Shopper in any manner whatsoever.

 

4.4   The Shopper hereby agrees and consents to PPWMY and PRPMY processing his/her personal data in accordance with PrestoPower’s Privacy Policy and Presto App’s Privacy Policy available on Presto App.

 

4.5   In the event of any inconsistencies between the Terms of Use – PrestoPower and Terms of Use – Presto App, the Terms of Use – PrestoPower shall prevail in respect of the inconsistencies.

 

4.6   All capitalized terms not defined herein shall have the same meaning as defined in Terms of Use – Presto App.

 

4.7   A single or partial exercise or waiver of any right relating to this Terms of Use – PrestoPower does not prevent any other exercise of that right or the exercise of any other right unless acknowledged and agreed by PPWMY in writing.

 

4.8   Illegality and Severability of Provisions 

 

(a)   The illegality, invalidity or unenforceability of any provision of this Terms of Use – PrestoPower 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.

 

(b)   If a provision in this Terms of Use – PrestoPower 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 – PrestoPower.

 

4.9   PPWMY reserves all rights and may at any time vary, revise, change, amend, withdraw, substitute or remove any of this Terms of Use – PrestoPower, without any prior notice to the Shopper.