Terms of Use

The provision of the features and functionality of Presto App (as defined herein) is subject to this Terms of Use. You hereby acknowledge that you have read, understood and accepted this Terms of Use and by using Presto App constitutes your unconditional acceptance to be bound by this Terms of Use which may be amended from time to time.

1.1       Definitions

Affiliate”: means any entity directly or indirectly controlled by a party or any affiliate or subsidiary thereof;

 

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

 

"Basic Presto Wallet": shall have the meaning ascribed to it in Clause 3.3(a);

 

Biometric Verification”: means a verification process that involves a biological scanning input or the scanning or analysis of some part of the body which includes but not limited to fingerprint scanning, facial recognition and voice recognition as a mode of authentication and authorisation to facilitate Presto Wallet Transactions and selected Cash Back Transactions;

 

Business Day”: means a day except a Saturday, Sunday or public holiday (gazetted or ungazetted and whether scheduled or unscheduled) on which banks and financial institutions are open for business in Kuala Lumpur and Selangor;

 

Buyer”: means a Shopper who has placed an Order;

 

Cash Back”: means rewards in the form of electronic monetary credits through the Presto App as may be awarded to you in accordance with Clause 6.1 which may be utilised by you within the ecosystem of Presto App only to purchase offerings from the Sellers and Merchants that shall not be convertible into cash;

 

"Cash Back Transactions": shall have the meaning ascribed to it in Clause 4.2;

 

Company”, “ours”, “us” or “we”: means PRESTO PAY SDN BHD (formerly known as EPP SOLUTION SDN BHD) (COMPANY NO. 795818-U), a company incorporated in Malaysia with registered address at 6B, Jalan 19/36, 46300 Petaling Jaya, Selangor Darul Ehsan having a business address at Unit C-2-01, Level 2, Capital 3, Oasis Square, No. 2, Jalan PJU 1A/7A, Ara Damansara, 47301 Petaling Jaya, Selangor Darul Ehsan, Malaysia including its successor-in-title;

 

Content”: means all data, text, information, usernames, trademarks, logos, graphics, images, photographs, profiles, audio, video, items and links in relation to the Seller Offering that are submitted, posted or displayed on Presto App;

 

Daily Transactional Limit”: means the aggregate e-money limit imposed by the Company for single or cumulative Presto Wallet Transactions in any one (1) calendar day which is Ringgit Malaysia One Thousand (RM1,000.00) only regardless of the operating system of the Mobile Device that shall not be applicable to Presto Wallet Transactions as set out in Clause 3.4 (a) and (b);

 

Deal”: means the terms and conditions and incentives attached to a Seller Offering that may differ on a case to case basis in accordance with terms as may be agreed between the Company and the Seller and as may be posted 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 Company in accordance with the provisions of this Terms of Use;

 

Failed Fulfillment”: means the event where an Order is cancelled due to the Seller’s inability to comply with its obligations towards the Buyer in accordance with the Seller Offering;

 

KYC Process”: means 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 its clients for compliance with the requirements of relevant laws, guidelines and/or regulations;

 

Merchants”: means participating parties or entities that accept payments via Presto Wallet or payment using Cash Back for goods or services other than the Seller Offering;

 

Mobile Device”: means a smart telecommunications electronic device together with any ancillary accessories which is wireless and portable including but not limited to smartphones and handheld tablets as may be used by you to access your Presto Wallet to perform Presto Wallet Transactions and Cash Back Transactions;

 

Order”: means a request to purchase a Seller Offering through Presto App; 



"OTP": means one-time password which is a 6-digit code generated by Presto App to act as a mode of authentication and authorisation to facilitate Presto Wallet Transactions and selected Cash Back Transactions. This one-time password shall only be valid for one selected Presto Wallet Transaction or selected Cash Back Transaction on a Mobile Device that will be sent to the Registered Mobile Number;
 

"Premium Presto Wallet": shall have the meaning ascribed to it in Clause 3.3(b);

 

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

"PIN": means that personal identification number which is a 6-digit code that is created by the Shoper to act as a mode of authentication to facilitate QR Code Payment;

 

Presto Account”: means the dashboard of Presto App which shall only be accessible by you that list amongst others, your personal information as may be stored by you, your shopping history as may be modified and expanded from time to time which also includes the integrated features of the Presto Wallet information including but not limited to funds available for use and Presto Wallet Transaction history;

 

Presto App”: means this mobile application that is a platform which lists and promotes the Seller Offerings and provides a market place for the Sellers and the Buyers to transact on the relevant Deal and also accepts the features of the Presto Wallet which may be modified and expanded from time to time where all proprietary rights accruing is owned by the Company;

 

Presto Care”: means the customer care service designated by the Company as may be amended from time to time to provide further information, clarification towards enquiries and to address complaints in relation to Presto App;

 

Presto Wallet”: means the digital wallet offered by the Company which allows for use of e-money for Presto Wallet Transaction through a Mobile Device with the necessary and minimum specifications to be connected to data cellular networks or wireless protocols such as Wi-Fi, 3G, 4G or as may be upgraded from time to time that can operate to a certain extent interactively and autonomously;

 

Presto Wallet Limit”: means the maximum amount of e-money funds that can be stored in your Presto Wallet at any point in time as imposed by Bank Negara Malaysia, which is Ringgit Malaysia Five Hundred (RM 500.00) only for Basic Presto Wallet and Ringgit Malaysia One Thousand and Five Hundred (RM1,500.00) only for Premium Presto Wallet. 

 

For the avoidance of doubt, the Company reserves the right to revise the Presto Wallet Limit in accordance with the limit as may be prescribed by Bank Negara Malaysia from time to time;

 

Presto Wallet Transactions”: shall have the meaning ascribed to it in Clause 3.4;

 

Privacy Policy”: means the privacy policy published by the Company on Presto App and accessible at www.prestouniverse.com as may be modified from time to time;

 

"QR Code Payment": means a contactless payment method using the e-money stored in Presto Wallet or Cash Back, where the payment is performed: (a) by scanning a quick response code provided by the Merchant using the Shopper's Presto Wallet; or (b) by scanning the Shopper's Presto Wallet by the Merchant, which shall then be authenticated by way of inputting the PIN or through Biometric Verificaton (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification;

 

"QR Code Payment Daily Transactional Limit": means the aggregate e-money limit imposed by the Company for single or cumulative QR Code Payment transaction in any one (1) calendar day which is Ringgit Malaysia One Thousand (RM1,000.00) only regardless of the operating system of the Mobile Device;

 

Registered Mobile Number”: means a mobile number that has been identified and/or registered with Presto App for the purposes of your Presto Wallet;

 

Sellers”: means persons whom are offering Deals on Presto App;

 

Seller Offering”: means the goods or services offered for sale on Presto App by the Sellers;

 

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

 

"SST": means 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 the Shopper by clicking accept or by way of utilisation of Presto App;

 

"Withdrawal Fee": shall have the meaning ascribed to it in Clause 3.8;

 

"Yearly Transactional Limit": means notwithstanding the Basic Presto Wallet or Premium Presto Wallet the aggregate e-money limit imposed by the Company for single or cumulative Presto Wallet Trasnsactions in any one (1) calendar year which is Ringgit Malaysia Fifty Thousand (RM50,000.00) only regardless of the operating system of the Mobile Device; and 

"you", "your", "yours" or "Shopper": means any person who is utilising Presto App subject to the terms and conditions in this Terms of Use.

 

1.2      Interpretations

1.2.1   In this Terms of Use, 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.

 

1.2.2   Any reference to statutes and rules made include all amendments, which may be enacted from time to time.

 

1.2.3   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).

 

1.2.4   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).

 

2.1   Presto App allows Shoppers to browse and purchase Seller Offering which shall always be in accordance and in compliance with all of the Company’s published policies.

 

2.2   Each Seller Offering listed through Presto App which shall be made available for purchase for a fixed period as may be agreed between the Company and the Seller in accordance with the terms of the relevant Deal.

 

2.3   For the avoidance of doubt, any Deal shall be circulated to Shoppers via notifications, email, electronic correspondence or any other modes of communications as the Company deems appropriate to ensure that Shoppers understand the nature of the Deal.

3.1   The provisions of Clause 3 shall only be applicable to you pursuant to your usage of the Presto Wallet. Your eligibility to use Presto Wallet shall be at the Company’s sole and absolute discretion and subject to successful clearance of the KYC Process to ensure compliance with all relevant anti-money laundering legislation, regulation and guideline of Malaysia.

 

3.2   The commencement of the usage of the Presto Wallet shall firstly require you to register as a member pursuant to the provisions as set out in Clause 5 and to fulfil the Company’s unique one-time ID verification process in which the Company will request via Presto App for the submission of further information as may be necessary to enable the features of the Presto Wallet and to ensure the security of your Presto Account.

 

3.3   There are two (2) types of Presto Wallet that you can choose to register namely, the:

  1. (a)   Basic Presto Wallet with the following features:
  2.  
    1. (i) Presto Wallet Limit is Ringgit Malaysia Five Hundred (RM 500.00) only;
    2.  
    3. (ii) Daily Transactional Limit of Ringgit Malaysia One Thousand (RM1,000.00) only that shall not be applicable to Presto Wallet Transactions as set out in Clause 3.4 (a); and 
    4.  
    1. (iii) Subject to the Daily Transactional Limit, Yearly Transactional Limit and the Presto Wallet Limit, Basic Presto Wallet allows you to perform the Presto Wallet Transactions as set out in Clause 3.4 (a), (c), (d), (e) and (h) only.
  3.  
  4. (b)   Premium Presto Wallet with the following features:
  5.  
    1. (i) Presto Wallet Limit is Ringgit Malaysia One Thousand and Five Hundred (RM1,500.00) only;
    2.  
    3. (ii) Daily Transactional Limit of Ringgit Malaysia One Thousand (RM1,000.00) only that shall not be applicable to Presto Wallet Transactions as set out in Clause 3.4 (a) and (b); and 
    4.  
    1. (iii) Subject to the Daily Transactional Limit, Yearly Transactional Limit and the Presto Wallet Limit, Basic Presto Wallet allows you to perform the Presto Wallet Transactions as set out in Clause 3.4.

3.4   The Presto Wallet is a feature offered in Presto App that facilitates your performance of the following transactions:

  1. (a)   deposit of e-money into the Presto Wallet which shall be a minimum of Ringgit Malaysia Ten (RM10.00) per deposit and subject to the Presto Wallet Limit that may be made through any one of the following methods:
  2.  
    1. (i) debit or credit card;
    2.  
    3. (ii) JomPAY; or 
    4.  
    1. (iii) any other method as may be accepted or determined by the Company from time to time;
  3.  
  4. (b)   receipt of e-money by way of peer-to-peer transactions subject to the Presto Wallet Limit;
  5.  
  6. (c)   payment to the Seller for the purchase of Seller Offering using e-money via Presto Wallet which shall be subject to the Daily Transactional Limit and Yearly Transactional Limit;
  7.  
  8. (d)   payment to the Merchant for the purchase of goods and services as may be offered by the Merchant by way of QR Code Payment which shall be subjected to the QR Code Payment Daily Transactional Limit;

    (e) payment of bills by participating utility or telecommunication companies using e-money via Presto Wallet which shall be subject to the Daily Transactional Limit and Yearly Transactional Limit;
  9.  
  10. (f)   transfer of e-money by way of peer-to-peer transactions subject to the Daily Transactional Limit, Yearly Transactional Limit and Presto Wallet Limit;
  11.  
  12. (g)   withdrawal request of e-money out from the Presto Wallet which shall be subject to the Daily Transactional Limit, Yearly Transactional Limit, Presto Wallet Limit and provisions in relation to withdrawal requests as set out in Clause 3.8; and
  13.  
  14. (g)   any other service as may be introduced by Presto App from time to time
  15. (each referred to as a “Presto Wallet Transaction”)

  16. For the avoidance of doubt, all Presto Wallet Transactions shall only be transacted in Ringgit Malaysia and be confined to transactions undertaken and/or transacted within Malaysia only.

  17. Deposits of e-money into your Presto Wallet exceeding the Presto Wallet Limit will result in failure and the balance in your Presto Wallet will not increase. Such deposits shall be refunded to you through an appropriate method as may be determined by the Company that may incur a processing time of up to ten (10) Business Days.

3.5   In utilising the Presto Wallet:

  1. (a)   you authorise the deduction of e-money from your Presto Wallet and the deposit of e-money into your Presto Wallet to carry out any elected Presto Wallet Transaction;
  2.  
  3. (b)   you acknowledge and agree that your performance of Presto Wallet Transactions shall be subject to the Presto Wallet Limit and Daily Transactional Limit which include but not limited to you being restricted and/or prohibited from performing depositing or receiving e-money into your Presto Wallet that would exceed the Presto Wallet Limit; and

  4. (c)   you ensure that there is sufficient e-money in your Presto Wallet to cover the total cost of Presto Wallet Transactions (including any taxes and other applicable charges) failing which the Company reserves the right to reject or decline to approve the elected Presto Wallet Transaction from your Presto Wallet.

 

3.6   You may view your Presto Wallet Transaction history by logging into the Presto Account which you shall be solely responsible to check and verify your Presto Wallet Transactions and to ensure that there has not been any unauthorised usage or transactions.

 

3.7   The following provisions shall apply in relation to Presto Wallet Transactions: 

  1. (a)   in transacting any Presto Wallet Transaction you shall be required to login to your Presto Account and thereafter upon election of the Presto Wallet Transaction, to authenticate the Presto Wallet Transaction by way of inputting the OTP or Biometric Verification subject to the Mobile Device’s capability of supporting Biometric Verification;
  2.  
  3. (b)   all your Presto Wallet Transactions authenticated by way of inputting the OTP or Biometric Verification subject to the Mobile Device’s capability of supporting Biometric Verification shall be reflected accordingly in the history of your Presto Account and also by way of electronic records as may be communicated to your Registered Mobile Number which shall be binding and conclusive evidence of your Presto Wallet Transactions;  

  4. (c)   any commands, instructions and/or confirmations sent from your Presto Account shall be deemed to have been duly issued by you notwithstanding that such commands, instructions and/or confirmations may have been issued by a third party, whether authorised or otherwise, the Company shall deem that the Presto Account has been accessed legitimately and the elected Presto Wallet Transaction is valid;
  5.  
  6. (d)   in conjunction with paragraph (c) above, you understand that you shall be personally liable and responsible for the utilisation of your Presto Wallet including but not limited to all Presto Wallet Transactions which have been authenticated by way of inputting the OTP or Biometric Verification subject to the Mobile Device’s capability of supporting Biometric Verification  irrespective of whether the elected Presto Wallet Transaction was undertaken by you unless it can be established that such elected Presto Wallet Transaction was erroneously transacted resulting from an error by the Company; and
  7.  
  8. (e)   the Company reserves the right not to contemplate any request to reverse any wrongful Presto Wallet Transactions that has been authenticated by way of inputting the OTP or Biometric Verification subject to the Mobile Device’s capability of supporting Biometric Verification.

 

3.8   You acknowledge and agree that the following provisions shall apply when you request for a withdrawal pursuant to Clause 3.4(g):

  1. (a)  a fixed processing fee of RM2.00 (“Withdrawal Fee”) subject to SST at the prevailing rate;
  2.  
  3. (b)  the Withdrawal Fee and the applicable SST shall be deducted accordingly from the withdrawal amount as requested by you and the net after such deduction shall be transmitted into your Bank Account.
  4.  
  5. For the avoidance of doubt, a withdrawal request shall be processed and transmitted into your Bank Account within ten (10) Business Days subject always to satisfactory security verification as may be deemed necessary by the Company from time to time and provided always that there are no pending disputes, claims or lawful reasons for the Company to hold or retain any sums;
  6.  
  7. (c)   the Company will not be able to complete your withdrawal request in the event of insufficient balance in your Presto Wallet upon deduction of the Withdrawal Fee and the applicable SST.

 

3.9   You agree to accept any electronic document and/or electronic copies of documents including but not limited to tax invoices, debit notes, credit notes, transaction receipts as may be generated directly or indirectly by Presto App and/or the Company consequently pursuant to your utilisation of the Presto Wallet.

 

3.10   The Company reserves the right, with or without prior notice to you to take any one or more of the following actions in the event that you are in breach or the Company has reasonable cause to believe that you are in breach of your use of the Presto Wallet or any provisions of this Terms of Use or where the Company has reasonable grounds to act or to refrain from doing any of the followings:

  1. (a)   the Company may decline to perform or allow a transaction to be performed or completed;
  2.  
  3. (b)   the Company may reverse any transaction which may have been performed or completed;
  4.  
  5. (c)   the Company may suspend and/or terminate your Presto Account;
  6.  
  7. (d)   the Company may levy a fee or claim damages or other losses from you;
  8.   
  9. (e)   the Company may report the transaction to the relevant authorities or law enforcement agencies; and/or
  10.  
  11. (f)    the Company may take any such other action as may be deemed necessary or commensurate with the nature and extent of the breach.

 

3.11   Disputed Presto Wallet Transaction

  1. (a)   You must immediately notify the Company of any error, discrepancy or mistake arising from your Presto Wallet Transaction by contacting Presto Care following the details as set out in Clause 14 not later than thirty (30) days from the date of the disputed Presto Wallet Transaction, failing which, you shall be deemed to have accepted the accuracy of your Presto Wallet Transaction.
  2.  
  3. (b)   If, during the course of investigation it is revealed that the disputed Presto Wallet Transaction was indeed made in error by the Company or discrepancy or mistake resulting from Presto App without any fault on your end, the Company will remit the disputed amount accordingly into your Presto Wallet subject to the Presto Wallet Limit.
  4.  
  5. (c)   For the avoidance of doubt, the Company shall not be liable for any disputes arising between you and the Merchant in relation to matters which include but is not limited to the merchantability, quality, quantity and/or delivery of the goods and/or services as may be offered by the Merchant.

 

3.12   Unclaimed e-money

  1. You acknowledge and agree that any amount of e-money that is unutilised in your Presto Wallet may be deemed as funds abandoned by you which may be required to be delivered to the relevant and responsible authorities in accordance with the Unclaimed Moneys Act 1965 and any statutory modification amendment or re-enactment thereof for the time being in force. To the extent as permitted by law, we shall attempt to contact you before releasing the funds to the authorities and in the event we are unable to establish any contact, the funds shall be treated as abandoned and we will release it accordingly to the authorities.

 

3.13   Lost or Stolen Presto Wallet

  1. (a)   You must immediately report lost or stolen Presto Wallet to Presto Care following the details as set out in Clause 14.
  2.  
  3. (b)   Your Presto Account will be suspended within twenty-four (24) hours upon receipt of your notification pursuant to Clause 3.12(a). You shall remain liable for all use of your Presto Account (including all costs associated with its unauthorised use) prior to the actual Presto Account suspension. For the avoidance of doubt, the Company shall not be responsible to refund you any monies arising from any unauthorised use until the expiry of the twenty-four (24) hours from your notification of the lost or stolen Presto Wallet.

 

3.14   Inquiries and Complaints in relation with the Presto Wallet

  1. (a)   Please contact Presto Care following the details as set out in Clause 14 for further information, enquiries and complaints pertaining to the Presto Wallet.
  2.  
  3. (b)   In the event the response received from Presto Care with regards to your enquiry made or complaint lodged is unsatisfactory, you may kindly contact the following supporting bodies to relay your grievances:
  4.  
  5. Bank Negara Malaysia
  6. Laman Informasi Nasihat dan Khidmat (LINK)
  7. Ground Floor, D Block
  8. Jalan Dato’ Onn
  9. 50480 Kuala Lumpur
  10. Contact Centre (BNMTELELINK)
  11. Tel: 1-300-88-5465
  12. (Overseas: 603-2174-1717)
  13. Fax: 603-2174-1515
  14. Email: bnmtelelink@bnm.gov.my
  1. Ombudsman for Financial Services (664393P)
  2. (formerly known as Financial Mediation Bureau)
  3. 14th Floor, Main Block
  4. Menara Takaful Malaysia
  5. No. 4, Jalan Sultan Sulaiman
  6. 50000 Kuala Lumpur
  7. Fax: 603-2272-1577
  8. Website: http://www.ofs.org.my

4.1   Cash Back may be awarded to you in the following instances which include:

(a) when you place an Order in Presto App and/or for providing marketing services in accordance with the terms of the Deals as may be posted on Presto App from time to time;

    1.  

(b) when you sign up for a subscription and/or membership that is offered via the Presto App and/or Company;

    1.  

(c) when you participate in a contest and/or lucky draw as hosted or facilitated by Presto App and/or the Company;

    1.  

(d) as a form of a prize or entitlement pursuant to any contest and/or lucky draw as hosted or facilitated by the Presto App and/or the Company;

    1.  

(e) in the form of a complimentary voucher where the Company deems necessary;

    1.  

(f) as an instrument for the refund of any payments, where applicable; or

    1.  

(g) any other instances as may be amended by the Company from time to time.

 

4.2   Cash Back is a feature offered in Presto Wallet that facilitates your performance of the following transactions:

(a) payment to the Seller for the purchase of Seller Offering;

(b) payment to the Merchant for the purchase of goods and services as may be offered by the Merchant by way of QR Code Payment which shall be subject to the QR Code Payment Daily Transactional Limit;

(c) payment of bills by participating utility or telecommunication companies; and

(d) any other services as may be introduced by Presto App from time to time.
          (each referred to as a "Cash Back Transaction").

    1.  

4.3   For the avoidance of doubt, all Cash Back Transactions shall only be transacted in Ringgit Malaysia and be confined to transactions undertaken and/or transacted within Malaysia only. 
 

4.4   The Cash Back Shall not in any circumstances be exchangeable for cash.
 

4.5   In utilising Cash Back:

(a) you irrevocably authorise the deduction of electornic monetary credits from your Cash Back and the deposit of electronic monetary credits into your Presto Wallet to carry out any elected Cash Back Transaction; and
 

(b) you shall ensure that there are sufficient electronic monetary credits in your Cash Back to cover the total cost of Cash Back Transactions (including any taxes and other applicable charges) failing which the Company reserves the right to reject or decline to approve the elected Cash Back Transaction from your Presto Wallet. 
 

4.6   You may view your Cash Back Transaction history by logging into the Presto Account which you shall be solely responsible to check and verify your Cash Back Transactions and to ensure that there has not been any unauthorised usage or transactions.
 

4.7   The following provisions shall apply in relation to Cash Back Transactions:

(a) in trasacting any Cash Back Transaction you shall be required to login to your Presto Account and thereafter upon election of the Cash Back Transaction, to authenticate the Cash Back Transaction by way of inputting the OTP, PIN or Biometric Verification (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification;
 

(b) all your Cash Back Transactions authenticated by way of inputting the OTP, PIN or Biometric Verification (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification shall be reflected accordinly in the history of your Presto Account and also by way of electronic records as may be communicated to your Registered Mobile Number which shall be binding and conclusive evidence of your Cash Back Transactions;
 

(c) any commands, instructions and/or confirmations sent from your Presto Account shall be deemed to have been duly issued by you notwithstanding that such commands, instructions and/or confirmations may have been issued by a third party, whether authorised or otherwise, the Company shall deem that the Presto Account has been accessed legitimately and the elected Cash Back Transaction is valid;
 

(d) in conjunction with paragraph (c) above, you understand that you shall be personally liable and responsible for the utlisation of your Cash Back including but not limited to all Cash Back Transactions which have been authenticated by way of inputting the OTP, PIN or Biometric Verification (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification irrespective of whether the elected Cash Back Transaction was undertaken by you unless it can be established that such elected Cash Back Transaction was erroneously transacted resulting from an error by the Company; and
 

(e) the Company reserves the right not to contemplate any request to reverse any wrongful Cash Back Transactions that has been authenticated by way of inputting the OTP, PIN or Biometric Verification (whichever is applicable) subject to the Mobile Device's capability of supporting Biometric Verification.
 

4.8   Disputed Cash Back Transaction
 

(a) You must immediately notify the Company of any error, discrepancy or mistake arising from your Cash Back Transaction by contacting Presto Care following the details as set out in Clause 14 not later than thirty (30) days from the date of the disputed Cash Back Transaction, failing which, you shall be deemed to have accepted the accuracy of your Cash Back Transaction.
 

(b) If, during the course of investigation it is revealed that the disputed Cash Back Transaction was indeed made in error by the Company or discrepancy or mistake resulting from Presto App without any fault on your end, the Company will remit the disputed amount accordingly into your Cash Back.
 

(c) For the avoidance of doubt, the Company shall not be liable for any disputes arising between you and the Merchant in relation to matters which include but is not limited to the merchantability, quality, quantity and/or delivery of the goods and/or services as may be offered by the Merchant.

5.1   In order to place an Order or use the Presto Wallet or certain other services on Presto App, you are required to register as a member. Unless otherwise specified by the Company, registration as a member is free.

 

5.2   By registering for a Presto 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.

 

5.3   You are required to provide certain information during the registration process. You warrant that all information provided is accurate, current and complete at all times. Inaccurate, out-of-date or incomplete information may cause the inability for the Company to provide you with certain services such as those offered by the Presto Wallet and/or the inability for the Seller to fulfill the Order placed by you. If we rely on the contents of your application and accept you as a member, 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.

 

5.4   We reserve the right to accept or reject your application of registration at our sole and absolute discretion in the following cases:

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

  2. (b)   where the data provided by you upon sign-up is identical to a membership account already registered with Presto App;
  3.  
  4. (c)   where you have provided false or inaccurate information or omitted to provide necessary information during the application process;
  5.  
  6. d)   where you have breached any provision of this Terms of Use; and/or
  7.  
  8. e)   any other reason as may be determined by the Company.
  9.  

5.5   You are responsible for maintaining the confidentiality of your Presto Account information, including the account 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 unauthorized use of your account or password or of any other breach of security.

 

5.6   Subject to Clause 13, 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.

 

5.7   Subject to Clause 13, you may terminate your account at any time by contacting Presto Care at the email address as set out in Clause 14 provided that no Order is pending fulfillment.

 

5.8   Termination of your Presto Account either in accordance with Clause 5.6 or 5.7 will result in you losing:

  • (a)   all the unutilised electronic monetary credits awarded to you through Presto App (Cash Back etc.);
  •  
  • (b)   your shopping history; and
  •  
  • (c)   your entitlement to utilise the services as offered by the Presto Wallet.
  •  
  • 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 Presto Wallet shall be transmitted to your Bank Account in the event of such termination of your Presto Account subject to the provisions stipulated in Clause 3.7, and you further agree that any and all consequences arising from such termination shall be borne by you.

 

 

 

6.1   The Shopper and Buyer acknowledge that the Company is a facilitator for the relevant Deal and as such it will not be able to ensure that:

  1. a)   the Seller is the valid owner of the Seller Offering;
  2.  
  3. b)   the Seller has the right to sell the Seller Offering online in Malaysia;
  4.  
  5. c)   the Seller Offering conforms with all applicable laws and regulations in Malaysia;
  6.  
  7. d)   the Seller Offering conforms to the listed specifications, drawings, performance criteria and other descriptions referred to or provided on Presto App by the Seller;
  8.  
  9. e)   the Seller Offering is of merchantable quality and free from defects in terms of materials, performance, operation and workmanship;
  10.  
  11. f)   the price of the Seller Offering listed on Presto App is competitive;
  12.  
  13. g)   all information contained in the Content is concise, accurate and complete and no misleading information with respect to the Deal is included on Presto App; and
  14.  
  15. h)   no illegal or offensive content is inserted in the Content.

 

6.2   Notwithstanding the foregoing, the Company shall use all reasonable endeavours to procure that the Seller Offering does not contain any of the following:

  1. a)   items endangering the safety or health of the customer including but not limited to defective items or expired products;
  2.  
  3. b)   items containing pornography, nudity, adult material;
  4.  
  5. c)   items which are not in compliance with all applicable laws, including but not limited to Sale of Drugs Act, 1952, Food Act 1983, Consumer Protection Act 1999 and the Communications and Multimedia Act 1998;
  6.  
  7. d)   firearms or any hazardous weapons;
  8.  
  9. e)   counterfeit, replica and name brand knock-off products or products violating any intellectual property rights;
  10.  
  11. f)   black-market items, stolen items, or illegally imported items;
  12.  
  13. g)   items without authorisation of the relevant authorities which is required under applicable laws; and
  14.  
  15. h)   items with contents of political or religious elements, or that advocates violence towards any groups, individuals and cruelty towards animals.

 

6.3   The Buyer agrees to be bound by the terms of each Deal with respect to each Order and acknowledge that any purchases as may be carried out via Presto App are from the relevant Sellers and not Presto App or the Company.

7.1   The Buyer agrees and acknowledges that any purchase via 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 the Buyer shall be bound by the rules as may be imposed by such service provider from time to time.

 

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

 

7.3   The Buyer hereby understands and acknowledges that the Buyer’s failure to collect or redeem the Seller Offering from a designated location within a stipulated time frame as may be prescribed in the Deal shall result in forfeiture of the monies paid by the Buyer for the Seller Offering and the Buyer shall not be entitled to claim possession of the Seller Offering upon forfeiture. 

 

7.4   The Buyer hereby acknowledges and agrees 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:

  1.  
  2. (a)   the Buyer requests or selects a wrong product; and/ or
  3.  
  4. (b)   the Buyer wrongly inputs relevant payment details including but not limited to mobile number, account number, reference number and/or transaction amount, as the case may be.

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.

9.1   The Company undertakes, represents and warrants that:

  1. (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 and/or your Presto Wallet Transaction only and shall not disclose it to third parties irrelevant to the execution of the transaction in relation to the Order placed by you and/or your Presto Wallet Transaction;
  2.  
  3. (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
  4.  
  5. (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.

 

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

 

9.3   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 Policy. If you object to your personal data being used in the ways described in the Privacy Policy, we strongly advise against the utilisation of Presto App.

10.1   You hereby undertake and warrant the following:

  1. (a)   to comply with this Terms of Use as may be amended from time to time in accordance with Clause 18;
  2.  
  3. (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;
  4.  
  5. (c)   to comply with all notices or instructions given by the Company through Presto App from time to time;
  6.  
  7. (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 PIN for your Presto Account confidential at all times and shall take steps to prevent disclosure of your PIN to any third party; and
  8.  
  9. (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.

 

10.2   You shall not:

  1. (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;
  2.  
  3. (b)   use Presto App for any purpose which is against public interest, public order or national harmony;
  4.  
  5. (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 Shoppers or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying Presto App or the internet;
  6.  
  7. (d)   circumvent the Shopper authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any Shopper, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other Shoppers 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. Shoppers 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;
  8.  
  9. (e)   avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any other third-party (including other Shoppers) to safeguard Presto App;
  10.  
  11. (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;
  12.  
  13. (g)   attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Presto App;
  14.  
  15. (h)   interfere with, or attempt to interfere with, the access of any Shopper, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing Presto App;
  16.  
  17. (i)   collect or store any personally identifiable information of other Shoppers from Presto App without their express permission; or
  18.  
  19. (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.

11.1   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:

  1. a)   availability, accessibility, timeliness and uninterrupted use of Presto App; and/or
  2.  
  3. 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.
  4.  

11.2   The Company shall 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.

 

11.3   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 or your usage of Presto App.

 

11.4   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.

12.1   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.

 

12.2   Pursuant to Clause 12.1 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.

 

12.3   Notwithstanding anything to the contrary contained herein, the maximum liability of the Company is as follows:

  1. (a)   the maximum liability of the Company pursuant to the Presto Wallet shall not exceed an amount equivalent to the aggregate sum of the balance in your Presto Wallet; and
  2.  
  3. (b)   the maximum liability of the Company pursuant to a Deal shall be up to the full selling price of the Order,

at the date on which your claim arises.

  1.  

13.1   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.

 

13.2   Subject to Clause 13.1, the Company reserves the right at its absolute discretion and at any time to immediately suspend, interrupt or terminate your use of Presto App for any reason without advance notification, including but not limited to any of the following circumstances:

  1. 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;
  2.  
  3. 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;
  4.  
  5. c) if you have submitted false documents or declared false information in your registration or KYC Process for Presto App; or
  6.  
  7. d) 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.

 

13.3 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 to Presto App, you may contact Presto Care at support@prestouniverse.com or select "chat with us" function in the Presto App to initiate a live chat. Our live chat service is available daily from 10:00 a.m. to 7.00 p.m. including weekends and public holidays, 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.

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

  1.  

17.1   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.

 

17.2   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.

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

 

18.2   Any such amendment shall be effective twenty-one (21) days after the revised Terms of Use or any such amendment have been posted on Presto App and such revised Terms of Use shall be binding on you.

 

18.3   The continued use of Presto App following twenty-one (21) days 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.

(a)   Pursuant to the Personal Data Protection Act 2010, the Company hereby notifies you that due to the nature of the services provided, it is necessary for the Company to collect and to process your personal information which has been furnished by you for the purposes of facilitating the usage of the services as provided by Presto App.

 

(b)   Your personal information may be further disseminated and processed by the Company and by regulatory authorities or such other relevant third parties, where applicable.

 

(c)   You have the right to request for access to and/or to update and correct your personal information and such request or other inquiries shall be made in writing to the Company.

 

(d)   You consent to the obtaining of your personal information is required in order for the Company to process your application for the utilisation of the services as provided by Presto App.

 

(e)   Your continuous usage of the services provided by Presto App shall be deemed as consent for the Company to collect, process and store your personal information accordingly whereby failure to consent to the process may result in the Company being unable to establish, continue or provide the services to you via Presto App.

 

(f)   For further clarification, kindly contact Presto Care at support@prestouniverse.com.

 

(g)   This Personal Data Protection Notice has been issued in both English and Bahasa Malaysia. In the event of any inconsistencies or discrepancies between the English version and the Bahasa Malaysia version, the English version shall prevail.

 

By clicking accept, you hereby acknowledge this notice and further agree and authorise the Company and Presto App to collect and process your personal information including but not limited to recording, storing, organisation, adaptation, alteration, correction, erasure, retrieval, use of your personal information to disclose, divulge, disseminate or transmit your personal information to any third parties as the Company may in its absolute discretion deem necessary.

(a)   Notis Perlindungan Data Peribadi ini dikeluarkan oleh PRESTO PAY SDN BHD (dahulu dikenali sebagai EPP SOLUTION SDN BHD (NO. SYARIKAT 795818-U)(“PPSB”) menurut Akta Perlindungan Data Peribadi 2010 untuk memaklumkan pengguna-pengguna aplikasi yang dicipta oleh PPSB iaitu, Presto App bahawa tujuan Notis Perlindungan Data Peribadi ini adalah untuk mengumpul dan memproses penggunaan data peribadi anda bagi memudahkan penggunaan perkhidmatan yang ditawarkan oleh Presto App.

 

(b)   Harap maklum bahawa, PPSB akan memproses data peribadi anda yang mungkin akan didedahkan, disebarkan atau diproses oleh PPSB dan pihak berkuasa kawal selia atau pihak ketiga yang berkaitan, jika berkenaan.

 

(c)   Anda berhak untuk memohon akses bagi tujuan mengemaskini dan memperbetulkan data peribadi anda sekiranya terdapat apa-apa perubahan kepada maklumat peribadi yang disimpan oleh PPSB di mana permohonan sebegitu akan dibuat secara bertulis kepada PPSB.

 

(d)   Anda mengakui bahawa maklumat peribadi anda perlu dikumpul dan diproses oleh PPSB bagi tujuan menyediakan perkhidmatan yang ditawarkan oleh Presto App dan anda bersetuju kepada pengumpulan dan pemproses data peribadi anda bagi tujuan yang dinyatakan.

 

(e)   Anda mengakui bahawa pengunaan perkhidmatan yang ditawarkan oleh Presto App yang berterusan akan dianggapi sebagai persetujuan bagi PPSB untuk mengumpul, memproses and menyimpan data peribadi anda dengan sewajarnya di mana kegagalan untuk bersetuju kepada proses itu mungkin akan menyebabkan PPSB tidak dapat atau tidak mampu menyediakan atau menawarkan perkhidmatan Presto App kepada anda.

 

(f)   Untuk pertanyaan, permohonan maklumat atau penjelasan selanjutnya, sila hubungi Presto Care di support@prestouniverse.com

 

(g)   Notis Perlindungan Data Peribadi ini diterbitkan dalam Bahasa Inggeris dan Bahasa Malaysia. Sekiranya terdapat sebarang ketidakseragaman atau percanggahan di antara versi Bahasa Inggeris dan Bahasa Malaysia, versi Bahasa Inggeris akan digunapakai.

 

Dengan mengklik terima, anda mengakui Notis Perlindungan Data Peribadi ini dan bersetuju dan memberi kebenaran kepada PPSB dan Presto App untuk mengumpul dan memproses data peribadi anda termasuk tetapi tidak terhad kepada rakaman, penyimpanan, penyusunan, penyesuaian, pengubahan, pembetulan, pemadaman, pengambilan, pengunaan maklumat peribadi untuk penyebaran, pendedahan, penyebaran atau penghantaran maklumat peribadi anda kepada mana-mana pihak ketiga mengikuti budi bicara mutlak PPSB.