Terms of Services

 

COMMUNICATION, PAYMENT, ENGAGEMENT

  1. INTRODUCTION

    In these Terms of Services, “we”, “us”, “our” or “MACROKIOSK” will refer collectively to our entity set out in the Sales Order. The terms “you”, “your” and “Customer” will refer to you.

    These Terms of Services constitutes a legal binding agreement between you and MACROKIOSK and shall be read in conjunction with the Sales Order. By signing the Sales Order, you agree that (i) you have read, understand, and accept these Terms of Services and all other policies referenced herein, each of which is incorporated herein by this reference and each of which may be updated from time to time as set forth below; and (ii) you have consented to MACROKIOSK collecting, using, processing and disclosing personal data as further described in our Privacy Policy. If you do not agree to be bound by these Terms of Services, you should not sign the Sales Order. These Terms of Services and the Sales Order are collectively referred to as “Agreement”.

    This Agreement incorporates the following additional policies:

    1. Privacy Policy, (“Privacy Policy”); and
    2. Supplemental Terms for Certain Services, (“Supplemental Terms”).
      If you do not see the Services you order under the Sales Order in the Supplemental Terms, these terms provided herein shall be the conclusive terms applicable to you.
    1. Privacy Policy, (“Privacy Policy”); and
    2. Supplemental Terms for Certain Services, (“Supplemental Terms”).
      If you do not see the Services you order under the Sales Order in the Supplemental Terms, these terms provided herein shall be the conclusive terms applicable to you.
    1. Privacy Policy, (“Privacy Policy”); and
    2. Supplemental Terms for Certain Services, (“Supplemental Terms”).
      If you do not see the Services you order under the Sales Order in the Supplemental Terms, these terms provided herein shall be the conclusive terms applicable to you.
    1. Privacy Policy, (“Privacy Policy”); and
    2. Supplemental Terms for Certain Services, (“Supplemental Terms”).
      If you do not see the Services you order under the Sales Order in the Supplemental Terms, these terms provided herein shall be the conclusive terms applicable to you.
    1. Privacy Policy, (“Privacy Policy”); and
    2. Supplemental Terms for Certain Services, (“Supplemental Terms”).
      If you do not see the Services you order under the Sales Order in the Supplemental Terms, these terms provided herein shall be the conclusive terms applicable to you.
    1. Privacy Policy, (“Privacy Policy”); and
    2. Supplemental Terms for Certain Services, (“Supplemental Terms”).
      If you do not see the Services you order under the Sales Order in the Supplemental Terms, these terms provided herein shall be the conclusive terms applicable to you.

    In this Agreement, unless the context otherwise requires, the definitions set out in Appendix 1 shall apply.

  2. CHANGES TO AGREEMENT

    We may update this Agreement from time to time. Any changes we make to this Agreement in the future will be reflected on this page and any changes we deem material will be notified to you through email. Where permissible under local laws, your continued use of our Services shall constitute your acknowledgement and acceptance of the changes we make to this Agreement. You agree that it is your responsibility to check back frequently to see any updates or changes to this Agreement.

  3. ACCESS AND USE OF THE SERVICES

    1. We will make the Services available to you in accordance with this Agreement, the requirements of the Service Providers, and any Laws applicable to MACROKIOSK’s provisions of the Services subject to your use of the Services in accordance with this Agreement.
    2. We use our commercially best efforts to ensure that our Services will achieve 99% uptime. If parties enter into a separate service level agreement, then the service availability stated herein shall be superseded. Our standard service level commitments (“SLC”) will be available upon written request.
    3. You may use the Services on a non-exclusive basis for the purposes of making available the services to the End Users.
    4. To access and use the Services, we will create an account for you. As part of the account creation process, you will be asked to provide information. You shall provide accurate, complete, and current Account information and, as applicable, timely update the same. You are responsible for the activity that occurs on your Account (which includes its sub-account), including via the Customer Application (as defined below) and for keeping your Account password secure. We will not be liable for any unauthorised use of the Account.
    5. Upon signing the Sales Order, if you have not submitted the information and supporting documents required for our know-your-customer (KYC) process, you are required to submit the same within seven (7) business days or such other period as may be notified by MACROKIOSK. Failure to provide such requested information and documents within the timeline stipulated may result in suspension of Services in accordance with Clause 14.1.
    6. Subject to your compliance with this Agreement, we hereby grant you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicenseable licence until this Agreement is terminated to (i) use the documentation and MACROKIOSK API made available to you to create the Customer Application and (ii) make the services available to your End Users through the Customer Application.
    7. The features and functions of the Services, including but not limited to the MACROKIOSK API, our SLC or infrastructure may be enhanced, changed or revamped over time when we deem them to be necessary for the improvement of the Services. It is your responsibility to ensure each Customer Application is compatible with the then current Services. Although we try to avoid making changes to the Services that are not backwards compatible, if such changes become necessary, we will use reasonable efforts to let you know at least thirty (30) days prior to implementation. In the event we make a non-backwards compatible change to a MACROKIOSK API and causes Adverse API Change, (a) you will notify us of the Adverse API Change, (b) we may agree to work with you, in our sole discretion, to resolve or otherwise address the Adverse API Change, except where we, in our sole discretion, have determined that an Adverse API Change is required for security reasons, by Service Provider, or to comply with applicable Laws.

  4. FEES & PAYMENT

    1. In consideration for the Services provided by us to you, you shall pay to us the Fees in accordance with the Sales Order.
    2. In the event you dispute any invoice or report, you will raise the dispute in writing (together with supporting document(s)) to us within seven (7) days from the date the invoice or report, failing which the invoice or report is deemed final and conclusive. We reserve the right not to perform any reconciliation or review of any dispute should the disputed amount is less than five per cent (5%). In the event of a dispute, the Parties agree to use their best efforts to resolve such disputes within 15 days following your written statement describing the dispute. If the dispute cannot be resolved within 15 days following your written statement describing the dispute, you agree to rely on MACROKIOSK’s invoice or report to pay the outstanding charges. Notwithstanding the foregoing, you shall pay us with the undisputed invoiced amount in accordance with the Sales Order.
    3. We reserve the right to change the Fees from time to time by providing an email notification to you (“Price Variation”). The said email notification shall be deemed received and read by you on the business day immediately after successful transmission of the said email notification. The Price Variation shall come into full force and effect on the date of the said email notification. For the purpose of this clause and for the avoidance of doubt, the expression “successful transmission of the said email” shall be measured and defined as the time the said email is duly disseminated or sent out from the email server of MACROKIOSK or MACROKIOSK’s appointed third party.
    4. In the event the Fees are varied by Service Providers (“Service Providers’ Variation in Cost”), we shall be entitled, at our sole and absolute discretion, to forthwith pass along such varied Fees in accordance with the time of the said Service Provider’s Variation in Cost being effected, or come into force, with or without notice to you.
    5. In the event you are not agreeable with the Price Variation or Service Providers’ Variation in Cost, you shall be entitled to immediately terminate this Agreement with notice in writing to us.
    6. Without prejudice to any other remedies which we may have, you agree and authorise us to set-off all amounts for which you are liable to us against any monies due to you under the Agreement or any other agreements between the Parties.
    7. Each party shall bear its own tax required by applicable law including but not limited to federal, state, local or foreign government tax, fee, duty, surcharge, withholding tax or other tax-like charges. You shall further adhere to such other tax such as sales and services tax which is applicable for certain jurisdiction as set out in respective Sales Order.

  5. RESTRICTIONS

    1. In using the Services, you agree that you or your End Users will not, and will not authorise, assist or enable any third party to, engage in any of the following:

      1. Violating any applicable Laws;
      2. Violating standards, policies or applicable guidelines published by the Service Providers as may be communicated to you in writing by us;
      3. Transferring, reselling, leasing, licensing or otherwise making available the Services to third parties, except making available the Services to your End Users;
      4. Deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Services;
      5. Damaging, interfering with, overburdening, or otherwise adversely impacting the availability, reliability or stability of the Services or third-party systems or networks relating to the Services;
      6. Attempting to circumvent or break any security mechanism on any of the Services, or using the Services in any manner that poses a security or other risk to MACROKIOSK, MACROKIOSK’s vendors, any user of the Services, or any customer of any of the foregoing;
      7. Benchmarking, tampering with, unauthorised testing, reverse-engineering, decompiling, or otherwise using the Services in order to discover limitations or vulnerabilities, or evade filtering capabilities;
      8. Engaging in fraudulent, deceptive, inaccurate or misleading activity with respect to third parties (including impersonation of identity or identifiers such as phone numbers or email addresses) or otherwise bypassing legitimate identification systems;
      9. Failing to obtain any legally required consent from those third parties (or, where required, their parents, representatives, or guardians) for the collection, use, and disclosure of the third parties’ personal data as described in the Privacy Policy.
      10. Sending content to End Users who have not consented to receiving such content by opting in or actively registering with you and/or us for the receipt of such content;
      11. Using the Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses;
      12. Engaging in spamming, or other unsolicited, unwanted or harassing advertising, marketing or activities including activities that violate data protection or privacy laws;
      13. Engaging in activities or, uploading, downloading, submitting, transmitting, distributing or facilitating the distribution of, any information that contains “inappropriate content” in connection with the Services. Inappropriate content includes, but is not limited to, content that:

        1. May be considered libelous, slanderous, defamatory, threatening, sexually explicit, vulgar, profane, obscene, offensive, abusive, malicious or otherwise harmful to any person or entity, constitutes or promotes “hate speech” or is otherwise discriminatory based on race, sex, religion, nationality, disability, sexual orientation, language, or age.
        2. Contains or transmits viruses, Trojan horses, worms or any other malicious, harmful or deleterious programs or similar destructive routines.
        3. Promotes, markets or otherwise relates to illegal activities or terrorism.
        4. Infringes on, misappropriates, or violates any intellectual property rights or other rights of third parties, including but not limited to trademark, copyright, patent, trade secrets, rights of publicity, and rights of privacy.
        5. Constitutes or relates to “adult services” or content of an adult nature, including, without limitation, content that contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by MACROKIOSK in its sole discretion.
        6. Comprises or promotes alcohol, gambling, lottery or tobacco content except where appropriate age-gating functionality has been implemented and such content is otherwise legal in the applicable jurisdiction.
        7. Contains sensitive financial or identification information or documents and protected health information.

    2. You hereby agree and acknowledge that in the event you and/or your End User violate any term or condition of this Agreement, MACROKIOSK shall be entitled at its sole and absolute discretion to immediately forfeit any amount of monies that you have paid to us, without any liability, with or without prior notice to you. You further acknowledge and agree that you shall not have any claims against MACROKIOSK, and MACROKIOSK shall not be liable to you and/or your End User for any loss, damage, fees, liability, claim, demand, causes of action, costs or proceedings of all kinds directly or indirectly in connection with or arising of out of this Agreement and the forfeiture set out in this Clause.

  6. REPRESENTATIONS AND WARRANTIES

    1. Authority and Capacity: You warrant and undertake that you are duly authorised to do business and use the Services in all jurisdiction in which you operate. You further warrant that you have the legal right and full power and authority to enter into and perform this Agreement to which you are a party, which when executed will constitute valid and binding obligations on you, in accordance with its terms.
    2. Licences: You warrant and undertake to and with MACROKIOSK that you have carried on your business and operation in compliance with the applicable regulatory requirements and you have obtained all licences, consents and approvals (“Licenses”) necessary for entering into this Agreement and using the Services. The Licences are in full force and effect and all conditions applicable to any such Licence have been and are being complied with.
    3. Anti-bribery and corruption: You warrant and undertake to and with MACROKIOSK that you are in compliance with the applicable Anti-Bribery and Corruption Laws and there are no action by or before any governmental entity involving you with respect to Anti-Bribery and Corruption Laws that is pending. You further warrant that you have maintained and implemented in effect policies and procedures reasonably designed to enable compliance with the Anti-Money Laundering Laws and Anti-Bribery and Corruption Laws.

  7. DISCLAIMER

    1. Except as otherwise expressly set forth above in this Agreement and to the maximum extent permitted by applicable Laws, the Services are provided “as is” and we make no warranty, representations or claim of any kind, whether express or implied, in connection with the Services, including, without limitation, warranties of non-infringement of third party rights, merchantability, satisfactory quality or fitness for a particular purpose. We additionally disclaim all warranties related to the Service Providers.
    2. Without limiting to the to the foregoing, we do not warrant that the Services will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, and that defects, if any, will be corrected or that our Services are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routing, trap doors, time bombs or any other harmful codes, instructions, programs or components.
    3. MACROKIOSK does not warrant, endorse, guarantee or assume liability for any content of, communication by, or product or service advertised or offered by you through our Services and we will not be a party to or in any way be responsible for monitoring the transaction between you and any third parties.
    4. We deliver the content via the Service Providers and can therefore only influence the delivery/transmission of the content within the technical parameters and constraints imposed by such Service Providers. We have no influence whatsoever on the quality of the Services once the content has been submitted to the Service Providers and thus has left our domain of control. We cannot commit to or guarantee any delivery time as such time depend on various network and system-related factors among the various entitles involved in transporting the content.
    5. You agree and acknowledge that the content submitted and accepted via the Service(s) will be disseminated to the addressed End User, only provided that: (a) the End User’s mobile network or their subscriptions are active and valid (b) the End User’s mobile network is subscribed/connected to the Mobile Network Operators; (c) the End User’s mobile device is switched on and located in an area covered by the Mobile Network Operators; and (d) the End User’s mobile device supports the content delivery and its network is not temporary or permanently disabled.

  8. MUTUAL INDEMNIFICATION

    1. You agree to indemnify, defend and hold us, our officers, directors, employees, affiliates, suppliers, contractors, agents and assignees harmless from and against all loss, damage or liability which we may at any time and from time to time sustain, incur or suffer including any actions, claims, demand, suit or proceedings made or brought against us by a third party, arising out of or in connection with:

      1. Unauthorised or prohibited use of the Services including violations of this Agreement by you, your employees, agents, subcontractor or End Users;
      2. Your products, content, Customer Application or Application Content;
      3. Any negligent, fraudulent or wilful act of any of your officers, directors, employees, affiliates, suppliers, contractors, agents or assignees which may constitute a breach of this Agreement in respect to the use of the Services; and
      4. any penalties, fines or costs necessitated or imposed by the Government Body or Service Providers against MACROKIOSK as a result of your products, content, Customer Application, Application Content or your use of the Services.

    2. In the event a claim is brought against you by third parties alleging that our provision of our Services infringes or misappropriates their intellectual property rights, we will indemnify you for any damages and costs awarded against you by the court or for settlement amounts approved by us for the infringement claims.
    3. As a condition of the foregoing indemnification obligations: (a) the indemnified party (“Indemnified Party”) will promptly notify the indemnifying party (“Indemnifying Party”) of any claims; provided, however, any failure to give such prompt notice will not relieve Indemnifying Party of its obligations under this Clause except to the extent that Indemnifying Party was actually and materially prejudiced by such failure; (b) Indemnifying Party will have the sole and exclusive authority to defend or settle any claim; (c) Indemnified Party will reasonably cooperate with Indemnifying Party in connection with Indemnifying Party’s activities under this Clause at Indemnifying Party’s expense, to participate in the defense of any claim. Notwithstanding anything to the contrary in this Clause, Indemnifying Party will not settle any claims for which it has an obligation to indemnify pursuant to this Clause admitting liability or fault on behalf of Indemnified Party, nor create any obligation on behalf of Indemnified Party, without Indemnified Party’s prior written consent, which will not be unreasonably withheld, conditioned, or delayed.
    4. Each of the indemnities in this Agreement constitutes a separate and independent obligation from the other obligations in this Agreement, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by us to you and shall continue in full force and effect despite any judgment, order, claim or proof for a liquidated amount in respect of any sum due under this Agreement or any other judgement or order.

  9. SECURITY

    1. While we use our commercially reasonable efforts to ensure the security of our Services are sufficient, you acknowledge that we shall not be liable for the security of your data, information and/or content and that we have no obligation to ensure the security of such data, information and/or content. You shall be solely responsible for the data, information and content retrieved, stored or transmitted through the Services.
    2. We shall not be responsible for any unauthorised access to your data, information and/or content unless such unauthorised access occurs as a result of any negligence, fraud and/or wilful misconduct on our part which includes our employees.

  10. LIMITATION OF LIABILITY

    Notwithstanding anything to the contrary herein and to the maximum extent permitted by applicable Laws, in no event shall MACROKIOSK, its officers, directors, employees, affiliates, suppliers, contractors, agents and assignees be liable to you for (i) any special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, loss of profits, goodwill, revenue, income or business, interruption of business, cost of procurement of substitute goods, technology, rights or services arising out of or in connection with the Services; and (ii) any liability arising out of or in connection with this Agreement (including any damages whether direct or indirect) that exceeds the payment of all properly due charges by you to us in the preceding one (1) month.

  11. CONFIDENTIALITY

    1. Subject to Clause 11.2, each party (the “Recipient Party”) shall treat as confidential and shall not disclose or use any information received or obtained as a result of provision of the Services without the prior written consent of the other party (the “Disclosing Party”) which relate to:
      1. Any information (whether oral, in writing, machine readable or in any other form) and materials (whether electronically recorded, in writing or otherwise) that would be regarded as confidential by a reasonable businessperson relating to:

        1. the commercial, financial, business, affairs, customers, clients, suppliers, plans, intention or market opportunities of the Disclosing Party;
        2. the technical, operations, processes, product information, know-how, designs, trade secrets, software or other information directly or indirectly related to the Services including discoveries, ideas, concepts, devices, drawings, materials, specifications, techniques, models, data, documents, procedures, improvements, budgets, projections, forecasts, marketing and development plans, and financial information expressed, described or stored in whatever form made available by the Disclosing party to the Recipient Party; and
        3. confidential information of the Disclosing Party’s suppliers, customers and clients.

      2. non-public information provided to the Recipient Party and/or any of its affiliates and its and their managing directors, officers, directors, employees and advisors (collectively, the ”Representatives”) by the Disclosing Party and/or its Representative and which is reasonably designated in writing to be confidential or which, under the circumstances surroundings its disclosure ought to be reasonably treated as confidential;

        Collectively, the “Confidential Information”
    2. Clause 11.1 shall not prohibit disclosure or use of any Confidential Information that:

      1. the disclosure or use is required by law, any regulatory body or any recognised stock exchange;
      2. the disclosure is required by the Service Providers upon their request. In the event the Service Providers request more information of you from us, then you shall duly provide all such requested information to us so that the same will be provided to the Service Providers, as the case may be.
      3. the disclosure is made to professional advisers or funders of any of the parties on terms that such professional advisers or funders undertake to comply with the provisions of Clause 11.2 in respect of such information as if they were a party to this Agreement;
      4. was, at the time of its disclosure by the Disclosing Party, in the public domain or subsequently disclosed or made available to the public (except where such disclosure is a result of a breach by the Recipient Party of this Agreement);
      5. was lawfully in the possession of the Recipient Party or its Representatives prior to its disclosure by the Disclosing Party to the Recipient Party;
      6. was already known to the Recipient Party or any of its Representatives on a non-confidential basis prior to its disclosure by the Disclosing Party to the Recipient Party;
      7. is or becomes available to, or obtained by the Recipient or its Representatives from, a third party without any restrictions as to its use or disclosure by the Recipient Party (and for the avoidance of doubt, neither the Recipient Party nor its Representatives shall be required to enquire whether such third party owes a duty of confidentiality to the Disclosing Party); or
      8. is independently developed by the Recipient Party or its Representatives, without prior knowledge of, or receipt of the Disclosing Party’s information.

    3. Notwithstanding any provisions to the contrary, we shall be allowed to use the Confidential Information collected through the Services for the purpose of statistical analysis of service usage, research and marketing, improving our own product offerings as well as customising our platform only.
    4. Upon receipt of a written request from the Discloser Party, the Recipient Party shall:

      1. destroy or return to the Disclosing Party all documents and materials (and any copies) containing, reflecting, incorporating, or based on the Confidential Information; and
      2. erase all Confidential Information from its computer systems or which is stored in electronic form (to the extent possible); and
      3. certify in writing to the Disclosing party that it has complied with the requirements of this Clause.

        provided that the Recipient Party and its Representatives may retain documents and materials containing, reflecting, incorporating or based on the Confidential Information to the extent (i) required by law, rule or regulations or by any judicial, governmental, supervisory or regulatory authority; and (ii) as part of back up archival records in any systems containing or previously containing the Confidential Information where such back-up or archiving occurs automatically and is retained as part of a computer disaster recovery system or other computer back-up system in the usual course of operating that computer system and where it is not reasonably practicable to delete the Confidential Information so held provided that the Recipient Party make such Confidential Information inaccessible to third parties.

  12. TERMS AND TERMINATION

    1. This Agreement, as may be updated from time to time, will commence on the date you sign the Sales Order and continue until terminated in accordance with Clause 12.2 and 12.3 below.
    2. Either party may terminate this Agreement or a particular Sales Order with immediate effect if the other party:

      1. commits a material breach of any terms of the Agreement which is incapable of remedy;
      2. commits a material breach of any terms of the Agreement which is capable of remedy but fail to remedy the same within thirty (30) days (or any other period where we mutually agree) from receipt of a written notice from other party;
      3. is or becomes unable to pay its debts within the meaning of the Malaysian Companies Act 2016 or any other legislation regarding insolvency of the jurisdiction in which it carried on business;
      4. enters into (pursuant to an order made by the court) any arrangement, composition or compromise with, or assignment for the benefit of, its creditors or any class of them;
      5. is faced by an order by the court for winding up or dissolution;
      6. is faced by a receiver, receiver and manager, special administrator, trustee or similar official appointed over any of the assets or undertaking; or
      7. ceases or threatens to cease carrying on a substantial portion of its business.

    3. Notwithstanding any provisions to the contrary, either party may terminate this Agreement or a particular Sales Order for any reason upon thirty (30) days prior written notice to the other party.
    4. In the event we or you become entitled to terminate this Agreement pursuant to Clause 12.2 but fail to exercise this right, it shall not constitute a waiver of any other rights to recover damages, losses or costs whatsoever that we or you may have suffered in connection with or arising from the event or circumstance or combination of events or circumstances giving rise to such right of termination.
    5. Upon termination of this Agreement, the Services will be suspended and you shall pay us all amounts which have been invoiced to you, as well as all the transactional charges incurred by us but not invoiced to you in accordance with this Agreement, which remain unpaid at the termination date.
    6. Upon termination of this Agreement, the terms of this Clause 12.6 and the terms of the following Clauses will survive (i.e. still apply): Clause 4 (Fees), Clause 7 (Disclaimer), Clause 8 (Mutual Indemnification), Clause 9 (Security), Clause 10 (Limitation of Liability), Clause 11 (Confidentiality), Clause 13 (Intellectual Property Rights), Clause 15 (Rights and Remedies) and Clause 16 (General).

  13. INTELLECTUAL PROPERTY RIGHTS

    1. As between you and us, you own and reserve all right, title and interest in Customer Applications, and any content originally transmitted by you or your End Users via our platforms or via the Customer Application (“Application Content”). You authorise us to use the content and Application Content to provide the Services and perform in accordance with this Agreement.
    2. MACROKIOSK owns and reserves all right, title and interest in and to the Services and all improvement, modifications and derivative work thereof.
    3. Except as explicitly granted herein, neither party is granted a licence or other right (express, implied or otherwise) to use any trademarks, copyrights, service marks, logos, trade names, patents, trade secrets or other form of intellectual property of the other party or its affiliate without the express prior written authorisation of the other party.

  14. SUSPENSION

    1. Without prejudice to our other rights under this Agreement, we shall be entitled to suspend the Services (including the Short Code, account and/or keywords) immediately upon notice for cause if:

      1. You and your End Users violate (or give us reason to believe you have violated) any provision of this Agreement;
      2. There is a reason to believe that your use of the Services brings the reputation or good name of MACROKIOSK (or any of MACROKIOSK’s affiliates) into disrepute;
      3. We are obliged to comply with an order, instruction, director or request of a Government Body or Service Providers for the suspension;
      4. The Service Providers, upon which the provisions of our Services is dependant on, suspends or ceases provision of its services to us;
      5. We determine, in our sole discretion, that providing the Services is prohibited by applicable Laws, or it has become impracticable or unfeasible for any legal or regulatory reason to provide the Services;
      6. There is a reason to believe your use of Services is fraudulent or negatively impacting the operating capability of the Services;
      7. Information in your account is untrue, inaccurate or incomplete; or
      8. You fail to pay undisputed fees after the due date for payment provided that at least one (1) payment reminder has been given by us to you.

    2. We will use commercially reasonable efforts under the circumstances to (i) provide you with notice and an opportunity to remedy such violation prior to any such suspension; (ii) where practicable, limit the suspension based on the circumstances leading to the suspension (e.g. to certain phone numbers, sub-accounts, or other subset of traffic); and (iii) remove the suspension as quickly as reasonable practicable after the circumstances leading to the suspension have been resolved.
    3. In the event any immediate suspension is required to safeguard our licence or to prevent us from being in breach of any applicable Laws or in emergency circumstances beyond our reasonable control, notification will only be provided to you after we have suspended the Services.
    4. We will not be liable for any loss, damage and or cost sustained, suffered or incurred by you resulting from the suspension under this Clause.

  15. RIGHTS AND REMEDIES

    In the event of any breach of any warranty, condition, undertaking or other obligation by any party under this Agreement, the other party shall, in addition to all rights and remedies available to the other Party under this Agreement, be entitled to all rights and remedies available to the other party at law or in equity, including but not limited to the right to claim damages which the other party has suffered or incurred and/or the right to specific performance or injunction. Any remedy or right conferred on the other party shall be in addition to, and shall be without prejudice to, all other rights and remedies available to the party.

  16. GENERAL

    1. Notices

      1. Any notices or communication under or in connection with this Agreement shall be in writing in English and shall be delivered personally, or sent by prepaid post or recorded delivery, by commercial courier or by email.
      2. Any notice or communication may be deemed to have been duly received:

        1. If delivered personally, when left at the business address;
        2. If delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed;
        3. If delivered by prepaid post or recorded delivery, at 9.00 am on the third business day after posting; or
        4. If delivered by email, when confirmation of its transmission has been recorded by the sender’s email delivery system (provided that the sender does not receive a delivery failure report).

      3. Any notices to us shall be delivered to our business address as specified in this Agreement or to the following addresses if sent via email:

        Legal & Official Notices & Enquiries
        ca@macrokiosk.com & legal@macrokiosk.com

        Invoicing Matters & Enquiries
        invoice@macrokiosk.com

        Business & Commercial Enquiries
        commercial@macrokiosk.com

        Technical & Support Enquiries
        techsupport@macrokiosk.com

      4. Any notices to you shall be delivered to your contact details in the Sales Order or the email address of your personnel whom we last exchanged correspondences with pertaining to the Services.

    2. Severability

      If any term in this Agreement shall be held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, such term or part shall to that extent be deemed not to form part of this Agreement but the legality, validity or enforceability of the remainder of this Agreement shall not be affected.

    3. Assignment

      1. You shall not assign or transfer this Agreement without our prior written consent. We may consent to the assignment or novation of this Agreement subject to the terms and conditions we choose to impose.
      2. We shall be entitled to assign rights and obligations wholly or partly to our subsidiaries or associate companies.

    4. Third party rights

      This Agreement do not create or confer any rights or benefits enforceable by any person not a party to it.

    5. Variation

      1. We may or as necessitated or advised by the Government Body, Service Providers or any authority having jurisdiction over the matters herein, vary this Agreement by submitting a copy of the proposed variations to you specifying a reasonable period (“Said Timeframe”) in which you are to provide written notice of acceptance or rejection of the proposed variations (collectively “Regulated Variations”). If you accept the Regulated Variations, this Agreement shall be deemed to be so amended from the date of such acceptance. If you reject the Regulated Variations or fail to revert within the Said Timeframe, we shall be entitled to terminate this Agreement immediately notwithstanding any provisions in this Agreement.

    6. Release, indulgence and waiver

      1. Waiver of any breach of this Agreement or of any right, power, authority, discretion or remedy arising upon a breach of or default under this Agreement, must be in writing and signed by the party granting the waiver.
      2. No failure on the part of a party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement shall operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
      3. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies (whether provided by law or otherwise).

    7. Dispute Resolution

      1. This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction.
      2. Before bringing a formal legal case, please first try contacting our legal at legal@macrokiosk.com. Most disputes can be resolved that way.
      3. If a dispute, claim, controversy related to this Agreement or the Services (collectively, “Disputes”) cannot be resolved through our legal, each party’s senior representatives will engage in good faith negotiations with other party’s senior representatives to amicably resolve a Dispute. If parties are unable to resolve a Dispute within thirty (30) days after the first request to engage in good faith negotiations or within such other time period as the parties may agree to in writing, the parties may refer the Disputes to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and MACROKIOSK (the “Arbitrator”). If you and MACROKIOSK are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by you and MACROKIOSK, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

    8. Force Majeure

      1. No failure, delay or default in performance of any obligation of a party shall constitute a breach of this Agreement to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including, without limitation, changes in laws or regulations of Malaysia, acts of God, strikes, lock-outs or other industrial disturbances, wars, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, flood, civil disturbances, explosions, loss or malfunctions of utilities, communications or computer (software and hardware) services, power failures, and any other events not within the control of either party and which by the exercise of due diligence neither party is able to overcome;
      2. If such failure, delay or default in performance exceeds thirty (30) days, either party may immediately terminate this Agreement with notice to the other party.

    9. Successors and Assigns

      These Terms will be binding on both you and MACROKIOSK and each of our successors and assigns.

    10. Costs

      Each party to this Agreement shall bear its costs and expenses in relation to this Agreement.

    11. Relationship

      You and MACROKIOSK are independent contractors in the performance of each and every part of this Agreement. Nothing in this Agreement is intended to create or shall be construed as creating an employer-employee relationship or a partnership, agency, joint venture or franchise.

    12. Entire Agreement

      Except as provided in this Agreement, applicable Sales Order or other terms incorporated by reference into this Agreement, this Agreement supersede all prior understandings, promises or agreements, oral or written, made between you and MACROKIOSK and constitute the entire understanding between you and MACROKIOSK. Any purchase order or similar document provided by you shall have no effect and shall be non-binding against MACROKIOSK.

    13. Prevailing language

      The Parties agree that (i) the Agreement in such other languages other than the English language shall only be for references purposes and have no validity; and (ii) in the event of inconsistency between the Agreement in English language and the Agreement in such other languages, the Agreement in English language shall prevail and shall be final and conclusive against the Parties.

APPENDIX 1 - DEFINITIONS

In this Agreement, the following words shall have the meanings ascribed below:

“Account” means the account (and sub-account(s)) created by MACROKIOSK for CLIENT to access and use the Services.

“Adverse API Change” means the change of MACROKIOSK API which materially and negatively impacts your use of the Services.

“Anti-Bribery and Corruption Laws” means Malaysian Anti-Corruption Commission Act 2009, subsequent amendments to the Act, all guidelines issued by relevant authorities pertaining to the same, and any other laws or regulations of any jurisdiction, relating to anti-bribery or corruption.

“content” means any message, information data, voice, picture, video, rich content such as wallpapers, ringtones, games, WAP links, WAP billings, voice contents, smartphone applications and such other text or multimedia messages data or messages provided, transmitted or disseminated by or on behalf of the Customer, including any third party of Customer, via the Services.

“Customer Application” means your creation of an original application that interfaces with the Services.

“End User” means your intended recipient (including private person and legal entity) of the services you offer.

“Fees” means the commercial prices, charges, fees, costs or revenue share for each Services more particularly set out in each Sales Order.

“Government Body” means foreign, federal, state, municipal, political subdivision or other governmental department, commission, regulatory authority or board, bureau or agency or instrumentality.

“Laws” means statutes, codes, ordinance, enactments, by-laws, rules, regulation, regulatory requirements, directives, circulars, policies, guidelines, orders, instruments issued by the Government Body such as Malaysian Communications and Multimedia Commission, and the like whether or not having the force of law, as may be applicable from time to time.

“MACROKIOSK API” means the application programming interface of MACROKIOSK.

“Services” means the communication, payment and/or engagement solutions including access to any MACROKIOSK API that you order under the Sales Order.

“Service Providers” means the mobile operators, inter link providers, over-the-top (OTT) service providers and/or such other providers MACROKIOSK connects to for the purposes of the Services.

Legal Notice

 

By accessing this MACROKIOSK's World Wide Web (“the Website”), you acknowledge and agree to be bound by the following terms and conditions ("T&C"). You must not access the Website if you do not agree to the T&C.

 

i. Disclaimer

 

MACROKIOSK group of companies and its related companies ("MACROKIOSK") reserves all its rights on the information contained in the Website. All rights of reproduction, transfer, distribution or storage of part or all of the content in the Website in any form without the prior written permission of MACROKIOSK is strictly prohibited unless otherwise agreed by MACROKIOSK in writing. The information on this Website server is provided on an "as is" basis. No warranty or representation of any kind, either by way of express, implied or otherwise; including but not limited any implied warranty in relation to the reliability, accuracy, and completeness of the content of the pages and technical inaccuracies or typographical errors.

 

You are advised to visit this Website frequently to determine any changes to the T&C. MACROKIOSK assumes no responsibility for material created or published by third parties that the Website has a link to or such other materials contained in the Website which has not been verified or authenticated by MACROKIOSK.

 

Your access to the Website is at your own consent and subject always to the T&C herein. MACROKIOSK shall not be responsible for any damages suffered as a result of your use of the information and contents contained in this Website, and in no event shall MACROKIOSK be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages arising from your use of the Website.

 

If you have any questions or comments relating to our Legal Notice, please contact us.

Privacy Statement

 

This privacy statement represents the privacy policy applicable to all legal entities owned by MACROKIOSK. In the event of any changes to this privacy statement for the betterment of our services, we will post such changes here. Please read and understand this privacy statement before providing your information to us or using our services.

 

This privacy statement applies to macrokiosk.com and the websites of any MACROKIOSK’s legal entity and related online activities. Further, this privacy statement provides information to external data subjects who are not engaged or employed by MACROKIOSK, where the data subjects provide us with Personal Data, or we collect data as part of our normal business operations, from a third party service provider, contract partner, public sources, previous employers or organisations, trade fairs or communications channels such as email.

 

  1. How and Why We Use Personal Data

     

    • Personal Data

      While using our service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but not limited to:

      • Name (including but not limited to individual name or business entity registered name)

      • Personal identification details (including but not limited to passport details)

      • Email address

      • Phone number

      • Address, State, Postal Code, City

      • Banking details

      • Credit card or debit card information (including but not limited to card number, cardholder name, expiry date and CVC)

      • Preferred language

      • Preferred services or products

      • Other relevant information

       

    • When you visit our website

      When you visit MACROKIOSK website, we collect data through cookies to track the activity on our website. The data we collect through cookies consists of data relating to your device, IP address and your usage of the websites. We use the data collected through cookies to provide you with the best user experience and for improving the websites’ content by tracking usage patterns and recording preferences and for allowing you to log on to specific sites.

       

    • When you subscribe to a newsletter

      When you contact us, such as for business relations or interest, ordering products and services or in relation to projects, media or, investor contacts, supplier relations, sponsorships, or sign up for an event, we collect your Personal Data in order to enable us to meet your request or interest, provide support, or comply with contractual obligations or prepare to enter into a contract. When we have an existing customer relationship with you, we may also use your Personal Data to provide communication and direct market our products and services.

       

      MACROKIOSK uses the provider “MailChimp” to dispatch our newsletters. Your email address will be saved here, as well as information regarding the analysis of our newsletter. The newsletter is usually sent once a month. After receiving the first newsletter, however, you have the option to unsubscribe from the mailing list via an unsubscribe link in each newsletter.

       

    • When you apply for a job

      When you apply for a job in MACROKIOSK, we may use recruitment system and job application portal operated by external service providers on our behalf, for processing and handling your job application. The service provider may collect your Personal Data. For certain positions a background check will be performed by third-party service providers. You might also be asked to undergo psychometric tests and/or competency assessments.

       

      We use this information in order to determine your eligibility for the job and select the right candidate for the position in question. With your consent, we may also retain your data for the purposes of identifying you as a potential candidate for future suitable vacancies and/or to inform you of future suitable vacancies.

       

      The legal basis for processing and storing your job application, CV and related information is your consent and that the processing is necessary in order to take steps at your request prior to entering into a contract. You can withdraw your consent or update your information at any time by using the contact information available in the job application portal.

       

    • When you blow the whistle

      Please refer to our Whistle Blowing Policy for more information on how we handle your Personal Data when you submit a report through the whistle blowing channel.

       

    • When we conduct integrity due diligence investigations

      If and when we deem necessary, we will evaluate integrity due diligence investigations. This includes collection information to evaluate potential business relations or partners, their operation and business ethics. This investigation may include processing of Personal Data such as organisations position and roles, connections or relations to public authorities’ representatives or relevant decision makers, possible sanction listings, contracts, relevant memberships, references, legal claims and reputational issues. The legal basis is to comply with legal obligations, pursue our legitimate interests and to establish, exercise or defend legal claims.

       

    • When we safeguard and protect

      We have implemented various safety and security measures where we process Personal Data. We perform this to safeguard against illegal or unauthorised access to areas, buildings, data centers, systems, processes or equipment. Our safety measures include access control, CCTV cameras and identity checks. The categories of Personal Data we collect, and process may include identity information, contact information, role and employment data, date and time logs, CCTV recordings, vehicle registration and etc. depending on the different security measures.

     

  2. Sharing of Personal Data

    We will not share your Personal Data with third parties except for in circumstances where such sharing is necessary as part of our regular business operations or to provide our services and support to you.

     

    Occasionally we use external third-party service providers for delivering services on our behalf and on our instructions as set out in a data processing agreement with the relevant service provider. We use such service providers for consultancy purposes, recruitment services, financial services, security services, IT services, communication services and integrity due diligence services. In such instances, we may share your Personal Data with such parties to the extent necessary to perform such work.

     

    We will not knowingly disclose your Personal Data to third parties for the purposes of allowing them to market their products or services to you.

     

    When required by law, regulation, legal process or an enforceable governmental request, we may share your Personal Data for legal reasons within MACROKIOSK and to public authorities or governments but only to the extent we are required to do so.

     

  3. Transfer of Personal Data

    Your personal information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

     

    Your consent to the Privacy Statement followed by your submission of such information represents your agreement to that transfer.

     

    We will take all steps reasonable necessary to ensure that your data is treated securely and in accordance with this Privacy Statement and no transfer of your personal information will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

     

  4. Cookies

    Some of our website or Service may use cookies and similar tracking technologies to track the activity on our website or service and hold certain information.

     

    Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device.

     

    In the event you do not wish to receive such cookies, you may configure your browser to not refuse all cookies or to indicate when a cookie is being sent. However, you may not be able to use all the features and functionality of our website or service.

     

  5. Security of Processing

    We will process your Personal Data securely and will apply and maintain appropriate technical and organisations measures to protect your Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

     

    Access to Personal Data is strictly limited to authorised personnel of MACROKIOSK and affiliates who have appropriate authorisation and a clear business need for that data.

     

  6. Retention and Deletion of Data

    Your Personal Data will be retained as long as necessary to fulfil the legitimate purpose(s) for the processing and as long as required by law. If you or your employer have a contractual relationship with us, any Personal Data relating to you will be retained as long as necessary to enable us to fulfil our obligations relating to that contractual relationship.

     

    If you consent to certain processing, we store your Personal Data until you withdraw your consent or once the Personal Data is no longer necessary for achieving the purpose of the processing.

     

  7. Your Rights as a Data Subject

    You have the right to request access to and rectification of any information we have collected about you through your use of the website and its online functionalities. To help us keep your Personal Data updated, we advise you to inform us of any changes or discrepancies.

     

    You also have the right to erasure and restriction of processing in some instances. You may have a right to receive Personal Data concerning you in a machine-readable format and to forward the data to another party (data portability), provided that certain conditions are met.

     

    To exercise your rights as a data subject, if you wish to object to the processing, including if the processing is for marketing purposes or to make a complaint regarding our compliance with this Privacy Statement, you may reach us with the contact details stated in Section 10.

     

  8. Privacy Statements of Third Parties

    This Privacy Statement addresses the collection, use and disclosure of Personal Data by MACROKIOSK as described above. This Privacy Statement does not address or govern the privacy practices adopted by third parties on third party websites or in relation to third party services that may be accessible through use of the website. Although we try only to link to websites that share our high standards for privacy, we are not in any way responsible for the content or the privacy practices employed by third party websites or third-party services. We encourage you to familiarise yourself with the privacy policies applicable to such websites or services prior to providing them with your Personal Data.

     

  9. Changes to This Privacy Statement

    We may update our Privacy Statement from time to time. If such updates are minor and do not have a material meaning for your rights or the way we use Personal Data, we may make such changes without posting a specific notice on our website. You are advised to review this Privacy Statement periodically for any changes.

     

Effective Date: 1st July 2020

 

NOTE:

If you have unresolved concerns, you also have the right to complain to the supervisory authority competent to resolve such concerns according to the applicable law.

 

If you have any questions or comments relating to our Privacy Statement, please contact us.

ISO27001 ISMS

 

 

This policy framework ensures that MACROKIOSK will uplift its perseverance in having a good practice in protecting the confidentiality, integrity and availability of the entire information from all threats, whether internal or external, deliberate or accidental. This policy framework will also minimise the possibility of a threat to information security causing losses or damages, security breach or exposure to its customers, business partners and MACROKIOSK.

 

MACROKIOSK is convinced and shall practice the followings in providing a safe and secure business relationship:

 

  • Protect MACROKIOSK information assets from all threats, whether internal or external, deliberate or accidental;

  • Ensure that information should be made available with minimal disruption to staff and the public as required by the business process by maintaining its CONFIDENTIALITY, INTEGRITY and AVAILABILITY;

  • Comply to the statutory, regulatory and legislative requirements;

  • Protect critical business processes from the effects of major failures or disasters;

  • Ensure information security policy and security handbook is made available to all staff;

  • Fulfill the customer's security requirements and expectations consistently;

  • Continuously improve the Information Security Management Systems by performing periodic reviews.

 

If you have any questions or comments relating to our ISO27001 ISMS Certification, please contact us.

Anti-Spam

 

Spamming is the sending of unsolicited commercial communications. Mobile phones provide the utmost personal and direct access to a customer. Using it carelessly will have an intrusive and profound negative effect. Spamming puts all the actors in the wireless industry at risk. MACROKIOSK believes that user request-and-receive interaction is the best solution for the delivery of wireless content. It forces providers to develop content and services from the needs of the customer and establishes a dialog that leads to deeper customer relationships.

 

  • MACROKIOSK does not accept spamming traffic; evidence of a client sending spamming will entail immediate suspension of the service and/or termination of the contract between that client and MACROKIOSK.

  • No SMS, EMS or MMS must be sent to a mobile subscriber without having previously obtained his/her consent.

  • MACROKIOSK clients need to set up a simple and inexpensive opt-out procedure allowing mobile subscribers to stop receiving SMS, EMS and MMS when they wish.

  • MACROKIOSK clients must at all times comply with applicable laws and regulations concerning the collection, processing and the use of personal data.

  • SMS, EMS and/or MMS related to marketing campaigns must at all times unequivocally indicate who is sending them and clearly indicate the price of the service promoted in accordance with advertisement legislation.

  • MACROKIOSK strongly recommends that clients adhere to at least one direct marketing code of practice. In any case, the text or images displayed must not be misleading, and must straightforwardly describe or illustrate the services offered.

  • Breach or suspected breach of this anti-spamming policy will cause immediate suspension of the service. If the breach is evident, client's contract will be terminated immediately. MACROKIOSK also reserves the right to initiate legal proceedings against the sender.

 

MACROKIOSK is convinced that building a trust-based relationship between mobile subscribers, network carriers and service providers is a paramount to success of the wireless industry. This policy will be interpreted in accordance with this principle.

 

If you have any questions or comments relating to our Anti-Spam Policy, please contact us.

Corporate Integrity Pledge

 

As part of the commitment towards the corporate integrity pledge, MACROKIOSK shall strive to participate and to contribute in creating a business environment (Not limiting to Malaysia, but in all MACROKIOSK business practices) that is free from corruption through the following actions:

 

  • COMMITTING to promoting values of integrity, transparency and good governance.

  • STRENGTHENING internal systems that support corruption prevention.

  • COMPLYING with laws, policies and procedures relating to fighting corruption.

  • FIGHTING any form of corrupt practice.

  • SUPPORTING corruption prevention initiatives:

    • By the Malaysian Government.

    • By the Malaysian Anti-Corruption Commission (MACC).

    • By any Governmental and Agencies that MACROKIOSK has business practice in.

 

MACROKIOSK is convinced that to conduct business free from corruption and in accordance with the Anti-Corruption Principles for Corporations in Malaysia and in all MACROKIOSK business practices is to ultimately act in the best interests of the Company, its shareholders and employees, as corruption destroys shareholder value, undermines the confidence of investors and employees, and is the antithesis of sustainable growth.

 

If you have any questions or comments relating to our Corporate Integrity Pledge, please contact us.

Anti-Bribery and Corruption

 

Purpose

This Policy establishes controls to ensure compliance with Anti-Bribery laws, and to ensure that MACROKIOSK’s business is conducted in a lawfully, professionally, ethically and socially responsible manner. Our commitment to prevent bribery and corruption is to ensure our employees, customers, vendors, agents and third parties whom we have dealings with also do so in compliance with effective anti-bribery and corruption policies. Hence, it is imperative that you read, understand and agree to all the provisions set out in this Policy. For the purpose of this Policy, the capitalised expressions shall have the meanings set out under “Definition” at the bottom of this Policy.

 

Undertaking

You undertake that as long as you are the Employee or Business Partner of MACROKIOSK:

 

  1. You must not be involved in, an organised crime group (“Organised Crime”), a member of any Organised Crime, a person equivalent to a member of an Organised Crime, a company affiliated with any Organised Crime, a group engaging in criminal/illegal/unlawful activities including but not limited to providing funding to any Organised Crime, a group engaging in criminal/illegal/unlawful activities under the pretext of conducting social campaigns or Organised Crime involved in intellectual crimes and such other activities which the authorities deem as part of Organised Crime from time to time;

     

  2. You have not been convicted nor are we subject to any investigation, inquiry or enforcement proceedings by the relevant authorities of any actual or suspected breach Anti-Bribery Laws and will report any actual or suspected breach as soon as reasonably practicable and to the extent permitted by the law, to MACROKIOSK;

     

  3. You must comply with (i) the Anti-Bribery Laws and you must not take any actions or make any omissions which would could cause MACROKIOSK to be in violation of the Anti-Bribery Laws;

     

  4. You must not give or offer to give, agree to give, authorise, solicit or accept of any gratification, gift, commission or consideration of any kind as an inducement or reward for obtaining or retaining business or doing or promising to do any act or otherwise secure an improper advantage whatsoever for whatever reasons, by or for any person, including government or party officials, our employees, officers or any person acting on their behalves;

     

  5. You must not (i) make any Facilitation Payments or transfer of value, offers or promises; or (ii) give any financial or other advantage (including kickbacks), make any requests, agreements to receive or accepting any advantage whether financially or otherwise; in each case either directly or indirectly which has the purpose or effect of, or would mean acceptance of or acquiescence in, either directly or indirectly, public or commercial bribery, other unlawful or improper means of obtaining or retaining business or commercial advantage or the improper performance of any function or activity;

     

  6. You must promptly assist and cooperate with MACROKIOSK, its clients or any government body with any bribery and corruption risk assessment and due diligence by providing all relevant and/or required information upon request;

     

  7. You must promptly inform MACROKIOSK of any suspicious bribery and corruption activities, including but not limited to any request or demand for any undue financial or other advantage of any kind you received or being offered by the Employees of MACROKIOSK;

     

  8. You declare, to your best knowledge and belief, that you are not aware of any actual, potential or perceived conflict of interest situation or circumstances with MACROKIOSK or other stakeholders of MACROKIOSK;

     

  9. You agree and acknowledge that the provisions set out in this Undertaking shall form an integral part of the terms and conditions of your letter of offer, employment agreement appointment, contract of service and/or any agreement you entered into with MACROKIOSK and/or any dealings you have with MACROKIOSK;

     

  10. You agree and acknowledge that in the event (i) you breach, or fail to comply with this Undertaking (“Said Breach”), MACROKIOSK reserves the right to (a) suspend or terminate the contract, agreement, job, services whatsoever and disqualify you as the Employee or Business Partner of MACROKIOSK or from tendering for future contracts/ jobs; and/or (b) report the same to the police and disclose all information required by the police; and (ii) you shall indemnify MACROKIOSK and its directors and officers for all damages and costs they suffered and/or incurred as a result of, or in connection with, the Said Breach; and

     

  11. You fully understand, acknowledge and agree to the provisions set out in this Policy.

 

Exception

All forms of bribery and facilitation payments are prohibited. However, your safety is our utmost concern and in the event there are circumstances which you have no choice but to make facilitation payment so to protect against your loss of life, limb or liberty, please report this matter to us and we will do take all necessary actions permitted by law, including but not limited to making a police report.

 

More Information

If you require more information on what constitutes or deems a bribe, Facilitation Payment, gift etc, you may refer to the Anti-Bribery Laws, your legal advisor or request more information from us. However, you acknowledge any such information provided by us to you is on an “as is” basis without any warranty or representation of any kind and we do not act as your legal advisor in any manner.

 

Definition

For the purpose of this Policy, the expression of:

 

  1. “Anti-Bribery Laws” means all applicable laws, statues, by-laws whatsoever relating to anti-bribery and corruption in the jurisdictions in which MACROKIOSK operates. These laws include but are not limited to the Malaysian Penal Code (revised 1977), the Malaysian Anti-Corruption Commission Act 2009 (revised 2018), the Malaysian Companies Act 2016, UK Bribery Act 2010, Prevention of Corruption Act (Chapter 241) of Singapore, Republic Act no. 3019 (The Anti-Graft and Corrupt Practices Act of Philippine),Thailand’s Act Supplementing the Constitution Relating to the Prevention and Suppression of Corruption B.E.2561 (2018) (New Anti-Corruption Law) and Prevention of Bribery Ordinance (POBO) of Hong Kong;

     

  2. “Business Partner” means any third party (including but not limited to agents, consultants, contractors, subcontractors, affiliates, distributors, resellers, business contacts, professional advisors, joint venture partners) who (i) has contractual relationship with MACROKIOSK; and/or (ii) has, or potentially has, any dealings (including not limited to business dealings or provision of goods or services) whatsoever with MACROKIOSK; and

     

  3. “Employee” means all employees whether temporary, fixed-term, or permanent and include without limitation to consultants, contractors, trainees, agency staff, interns, sponsors or any other person or persons associated with MACROKIOSK (including third parties);

     

  4. “Facilitation Payment” means a payment or other provision made personally to an individual in control of a process or decision or is given to secure or expedite the performance of a routine or administrative duty or function.

     

  5. “MACROKIOSK” means all subsidiaries and/or associates companies, whether locally or internationally, of Macro Kiosk Berhad.

     

 

If you have any questions or comments relating to our Anti-Bribery and Corruption Policy, please contact us.

No Gift

 

MACROKIOSK believes in equal and unbiased treatment, professionalism and non-discriminatory acts as MACROKIOSK upholds its quest to conduct business in the highest standards in terms of integrity and honesty. Consistent with the foregoing, if you fall within the following categories, we request that you do not offer or send any gifts to us:

 

  • Vendors

  • Suppliers

  • Customers

  • Potential and ex-employees

  • Potential vendors and suppliers, and/or

  • Any individuals or organisations (Government and Non-Government, Public and Non-Public, Profit and Non-Profit)

 

Exceptions

The following are exempted:

 

  • Gifts obtained from public events such as tradeshows, conferences, training and seminars whether in the form of physical goods or food or beverages.

  • Gifts in the form of Greeting cards, Thank You notes, Certificates, or in such other written form.

  • Gifts that are no more than USD1.00 in value.

 

If you have any questions or comments relating to our No Gift Policy, please contact us.

Malaysia Digital Climate Action Pledge (MDCAP)

 

Through this pledge, MACROKIOSK is committed to undertake the following actions:

 

  • Conduct business operations in an environmentally responsible manner, through Reduce, Reuse, Recycle practices;
  • Take action to minimise greenhouse gas emissions by implementing energy efficiency and/or renewable energy or other emission-reducing measures;
  • Implement responsible sourcing across our supply chain;
  • Define a climate governance strategy in accordance with the mission, vision, and values of our company;
  • Encourage stakeholder dialogue on our company's sustainability practices;
  • Share sustainability best practices in terms of strategies, action plans and initiatives.

 

MDCAP is a corporate pledge jointly developed by the Malaysia Digital Economy Corporation (MDEC) with United Nations Global Compact Network Malaysia and Brunei (UNGCMYB).

 

If you have any questions or comments relating to our Malaysia Digital Climate Action Pledge (MDCAP), please contact us.

Whistleblowing Code of Conduct

 

MACROKIOSK has established a Whistleblowing Code of Conduct that sets out a standard operating procedure for legitimate matters of concern to be objectively investigated, addressed and solved.

 

Individuals will be able to raise matters of concern about unlawful, unethical and/or questionable actions/behaviours as well as practices by stakeholders directly and/or indirectly related to the company without fear, the risk of punishments and discrimination.

 

Whistleblowing is a voluntary disclosure by the management or employees within the group of companies.

 

Below are the steps in making the disclosure:

 

  1. The whistleblower decides on the disclosure approach - Internal or External channel.
  2. The whistleblowing champion will administer, classify and evaluate the disclosure.
  3. The whistleblowing committee will deliberate on the disclosure and decide on the next cause of action.
  4. The investigation team will conduct the investigation and issue a report on the findings to the whistleblowing committee to further deliberate on the disclosure to decide on the next cause of action.
  5. Human Capital and Administration will invoke the disciplinary action processes and procedures followed by a formal notice on the outcome of the disclosure to the whistleblower.

 

If you have any questions or comments relating to our Whistleblowing Code of Conduct, please contact us.

Application Form

Account Assistant
Finance - Malaysia

+

Maximum file size of 2MB

Important Notice
All submission must be accompanied with a detailed resume containing the current salary, expected salary and a recent passport size photograph. Only successful candidates will be contacted.

RETURN & REFUND POLICY

 

We are an end-to-end payment gateway solution provider that act as the trusted party between merchants and consumers, so that both parties able to sell and buy confidently and safely. To safeguard the consumers’ interest, we will procure our merchant to comply with our return & refund guideline which sets out the minimum standards pertaining to return & refund of products. In the event a refund agreement has been reached between the consumer and merchants, we will effect the refund within 7 days from the date such agreement is brought to our attention.

 

The guideline outlines in detail under which circumstances the merchants should return or exchange products as follows:

 

First – If the consumer finds that the product delivered is in a damaged or defective condition, is non-functional or fails to meet the purpose of its intended use.

 

Second – Non-conformity of a product with standard specification.

 

Third – If the product is expired or out of date.

 

Fourth – If the wrong product which is different from the order is delivered.

 

In all the above cases, we stressed that merchants need to comply with the obligation of the guideline and are compelled to exchange or refund to consumers according to the method of payment provided consumers contact the merchant in relation to the return & refund within fourteen (14) days of receipt of products.

 

In case the product is purchased by credit card, the amount is refunded to the card used by the consumer to make the purchase. In case the purchase is made by online banking, the amount is refunded to the consumer’s bank account.

 

Merchant’s obligations:

To ensure the merchant’s compliance with the return & refund guidelines, we have asked them to take the following measures:

 

  1. Merchants should explicitly post or display return & refund policy on the website or inform the consumers of the return & refund policy;

     

  2. Merchants shall refrain from posting any documents or information prohibiting the return or exchange of products; and

     

  3. Merchant shall fully refund consumers for the price of the products in case consumers are entitled to a refund taking into account the nature of product, the defect and the timeframe during which the consumer used the product discovering the defect.

     

    • Some of the non-refundable & exchangeable products:

      • Perishable goods such as food, flowers, newspapers or magazines

      • Intimate or sanitary goods, hazardous materials, or flammable liquids or gases

      • Gift cards

      • Downloadable software products

      • Some health and personal care goods

      • and such other goods which may be reasonably added from time to time

       

    • Some of the non-refundable services:

      • The job / service is already completed.

      • The job / service cancellation past the duration set in our refund policy which is not more than seven (7) days from the payment date.

      • Change of mind.

      • Insisted on having a service provided in a particular way, against merchant’s capability and advice.

      • Failed to clearly explain user’s needs to merchant.

       

Consumer’s role in protecting his rights to return or exchange products

We would like to bring to the attention of consumers their role in protecting their own right concerning the return and exchange of products:

 

  1. To verify the return & refund policy when making a purchase with the merchants;

     

  2. To keep the product in its original condition to preserve their right to exchange or return the item;

     

  3. To check if the product is suitable before making a purchase such as size, colour, functions etc; and

     

  4. To negotiate with merchants any additional terms as part of the return & refund policy if necessary and to document these terms.

 

In the case the consumer finds difficulty convincing the merchant to comply with the terms of the return and refund policy, consumer can contact us through email or telephone: +603 2164 3273

นโยบายการคืนและคืนเงิน

 

เราเป็นผู้ให้บริการโซลูชั่นเกตเวย์การชำระเงินแบบ end-to-end โดยทำหน้าที่เป็นตัวกลางระหว่างผู้ค้าและผู้บริโภค เพื่อให้ทั้งสองฝ่ายสามารถขายและซื้อได้อย่างมั่นใจและปลอดภัย เพื่อปกป้องผลประโยชน์ของผู้บริโภค เราจะจัดหาผู้ค้าของเราให้ปฏิบัติตามแนวทางการคืนสินค้าและการคืนเงิน ซึ่งกำหนดมาตรฐานขั้นต่ำเกี่ยวกับการส่งคืนและการคืนเงินของผลิตภัณฑ์ ในกรณีที่ผู้บริโภคและผู้ค้าบรรลุข้อตกลงในการคืนเงิน เราจะดำเนินการคืนเงินภายใน 7 วันนับจากวันที่เราแจ้งข้อตกลงดังกล่าว.

 

แนวปฏิบัติมีรายละเอียดภายใต้สถานการณ์ที่ผู้ค้าควรส่งคืนหรือเปลี่ยนสินค้าดังนี้:

 

ประการแรก - หากผู้บริโภคพบว่าผลิตภัณฑ์ที่จัดส่งมีสภาพเสียหายหรือชำรุด ใช้งานไม่ได้หรือไม่เป็นไปตามวัตถุประสงค์ของการใช้งานที่ตั้งใจไว้.

 

ประการที่สอง - การไม่เป็นไปตามข้อกำหนดของผลิตภัณฑ์ที่มีข้อกำหนดมาตรฐาน.

 

สาม – หากสินค้าหมดอายุหรือเสื่อมสภาพ.

 

ประการที่สี่ - หากส่งสินค้าผิดที่แตกต่างจากที่สั่งซื้อ.

 

ในทุกกรณีข้างต้น เราเน้นว่าผู้ค้าจำเป็นต้องปฏิบัติตามภาระผูกพันของแนวทางปฏิบัติและจำเป็นต้องแลกเปลี่ยนหรือคืนเงินให้กับผู้บริโภคตามวิธีการชำระเงินโดยให้ผู้บริโภคติดต่อร้านค้าเกี่ยวกับการคืนสินค้าและการคืนเงินภายในสิบสี่ (14 ) วันที่ได้รับสินค้า.

 

ในกรณีที่ซื้อสินค้าด้วยบัตรเครดิต จำนวนเงินจะถูกคืนไปยังบัตรที่ผู้บริโภคใช้ในการซื้อ ในกรณีที่ทำการซื้อโดยธนาคารออนไลน์ จำนวนเงินจะถูกคืนไปยังบัญชีธนาคารของผู้บริโภค.

 

ภาระผูกพันของผู้ค้า:

เพื่อให้แน่ใจว่าผู้ค้าปฏิบัติตามหลักเกณฑ์การคืนสินค้าและการคืนเงิน เราได้ขอให้พวกเขาใช้มาตรการต่อไปนี้:

 

  1. ผู้ค้าควรโพสต์หรือแสดงนโยบายการคืนสินค้าและการคืนเงินบนเว็บไซต์อย่างชัดเจนหรือแจ้งผู้บริโภคเกี่ยวกับนโยบายการคืนสินค้าและการคืนเงิน;

     

  2. ผู้ค้าต้องไม่โพสต์เอกสารหรือข้อมูลใด ๆ ที่ห้ามการส่งคืนหรือแลกเปลี่ยนสินค้า และ

     

  3. ผู้ค้าจะต้องคืนเงินให้ผู้บริโภคเต็มจำนวนตามราคาสินค้า ในกรณีที่ผู้บริโภคมีสิทธิได้รับเงินคืนโดยคำนึงถึงลักษณะของสินค้า ข้อบกพร่อง และระยะเวลาที่ผู้บริโภคใช้ผลิตภัณฑ์ที่พบข้อบกพร่อง.

     

    • สินค้าที่ไม่สามารถคืนเงินและเปลี่ยนได้บางส่วน:

      • สินค้าเน่าเสียง่าย เช่น อาหาร ดอกไม้ หนังสือพิมพ์หรือนิตยสาร

      • สินค้าใกล้ชิดหรือสุขภัณฑ์ วัสดุอันตราย หรือของเหลวหรือก๊าซไวไฟ

      • บัตรของขวัญ

      • ผลิตภัณฑ์ซอฟต์แวร์ที่ดาวน์โหลดได้

      • สินค้าเพื่อสุขภาพและของใช้ส่วนตัวบางชนิด

      • และสินค้าอื่น ๆ ที่อาจเพิ่มได้ตามสมควรเป็นครั้งคราว

       

    • บริการที่ไม่สามารถคืนเงินได้บางส่วน:

      • งาน/บริการเสร็จเรียบร้อยแล้ว.

      • การยกเลิกงาน/บริการเกินระยะเวลาที่กำหนดในนโยบายการคืนเงินของเรา ซึ่งไม่เกินเจ็ด (7) วันนับจากวันที่ชำระเงิน.

      • เปลี่ยนใจ.

      • ยืนกรานที่จะให้บริการในลักษณะเฉพาะ ขัดต่อความสามารถและคำแนะนำของผู้ค้า.

      • ไม่สามารถอธิบายความต้องการของผู้ใช้ต่อผู้ขายได้อย่างชัดเจน.

       

บทบาทของผู้บริโภคในการปกป้องสิทธิในการคืนหรือเปลี่ยนสินค้า

เราต้องการแจ้งให้ผู้บริโภคทราบถึงบทบาทของตนในการปกป้องสิทธิของตนเองเกี่ยวกับการส่งคืนและแลกเปลี่ยนผลิตภัณฑ์:

 

  1. เพื่อตรวจสอบนโยบายการคืนสินค้าและการคืนเงินเมื่อซื้อสินค้ากับร้านค้า;

     

  2. เพื่อให้สินค้าอยู่ในสภาพเดิมเพื่อรักษาสิทธิในการเปลี่ยนหรือคืนสินค้า;

     

  3. ตรวจสอบว่าสินค้าเหมาะสมหรือไม่ก่อนตัดสินใจซื้อ เช่น ขนาด สี ฟังก์ชั่น ฯลฯ และอื่นๆ

     

  4. เพื่อเจรจากับผู้ค้าข้อกำหนดเพิ่มเติมใด ๆ ซึ่งเป็นส่วนหนึ่งของนโยบายการคืนสินค้าและการคืนเงิน หากจำเป็น และจัดทำเอกสารข้อกำหนดเหล่านี้.

 

ในกรณีที่ผู้บริโภคพบว่ามีปัญหาในการโน้มน้าวผู้ค้าให้ปฏิบัติตามเงื่อนไขของนโยบายการคืนสินค้าและการคืนเงิน ผู้บริโภคสามารถติดต่อเราได้ทางอีเมลหรือโทรศัพท์: +603 2164 3273

KEBIJAKAN PENGEMBALIAN BARANG DAN PENGEMBALIAN DANA

 

Kami adalah penyedia solusi End-to-end Payment Gateway yang merupakan pihak terpercaya antara Merchant dan Konsumen, sehingga kedua belah pihak dapat melakukan jual beli dengan percaya diri dan Aman. Untuk menjaga kepentingan Konsumen, kami akan meminta pedagang untuk memenuhi dan mematuhi pedoman pengembalian barang dan pengembalian uang dengan menetapkan standar Minimum terkait hal ini. Apabila kesepakatan pengembalian dana antara pedagang dan konsumen sudah tercapai, kami akan melakukan pengembalian Dana dalam waktu 7 Hari terhitung dari tanggal perjanjian tersebut diberitahukan kepada kami.

 

Pedoman ini menguraikan secara detail mengenai kondisi dimana pedagang harus mengembalikan atau menukar produk, sebagai berikut:

 

Pertama - Apabila konsumen menemukan bahwa produk yang dikirim dalam kondisi rusak atau cacat, terdapat bagian yang tidak berfungsi atau gagal untuk memenuhi tujuan penggunaan yang dimaksudkan produk tersebut.

 

Kedua - Ketidaksesuain produk dengan spesifikasi Standar.

 

Ketiga - Apabila produk kadaluarsa.

 

Kempat - Apabila produk yang dikirimkan berbeda dengan pesanan.

 

Dalam semua kasus di atas, kami menekankan bahwa pedagang harus mematuhi kewajiban sesuai dengan pedoman dan diwajibkan untuk menukar atau mengembalikan dana kepada konsumen sesuai dengan metode pembayaran yang diinginkan asalkan konsumen menghubungi pedagang sehubungan dengan pengembalian dana dalam waktu empat belas (14) hari sejak produk diterima konsumen.

 

Apabila produk dibeli menggunakan kartu kredit, jumlah dana yang dikembalikan harus sama dengan yang digunakan pada kartu yang digunakan. Dalam hal ini apabila pembelian dilakukan dengan Perbankan Online maka pengembalian dana ditujukan ke rekening bank konsumen.

 

Kewajiban Pedagang:

Untuk memastikan Pedagang mematuhi pedoman Pengembalian barang dan Pengembalian Dana, kami telah meminta para pedagang untuk mengambul langkah-langkah berikut:

 

  1. Pedagang harus secara eksplisit memposting atau menampilkan kebijakan pengembalian barang & pengembalian dana di website atau menginformasikan kepada konsumen tentang kebijakan pengembalian barang & pengembalian dana;

     

  2. Pedagang harus menahan diri untuk tidak memposting dokumen atau informasi yang melarang pengembalian atau penukaran produk;

     

  3. Pedagang harus mengembalikan uang sepenuhnya kepada konsumen dengan nominal sesuai dengan harga produk jika konsumen berhak atas pengembalian dana dengan mempertimbangkan sifat produk, cacat dan jangka waktu selama konsumen menemukan cacat pada produk yang digunakan.

     

    • Beberapa produk yang tidak dapat dikembalikan & ditukar:

      • Barang yang mudah rusak seperti makanan, bunga, koran atau majalah

      • Bahan Intim atau sanitasi, material berbahaya, atau cairan/gas yang mudah terbakar

      • Kartu Hadiah

      • Perangkat Lunak yang dapat diunduh

      • Barang kesehatan dan perawatan pribadi

      • dan beberapa barang lainnya yang dapat ditambahkan dari waktu ke waktu

       

    • Beberapa Layanan yang tidak dapat dikembalikan:

      • Pekerjaan / layanan yang sudah selesai.

      • Pembatalan pekerjaan / layanan yang telah melewati jangka waktu yang ditetapkan dalam kebijakan pengembalian dana yaitu tidak lebih dari tujuh (7) hari sejak tanggal pembayaran.

      • Perubahan rencana.

      • Mendesak untuk memiliki layanan yang bertentangan dengan kemampuan dan saran dari pedagang.

      • Pengguna Gagal menjelaskan dengan jelas kepada pedagang terkait kebutuhan mereka.

       

Perlindungan Hak Konsumen untuk pengembalian atau penukaran produk

Kami ingin mengingatkan kosumen tentang peran mereka dalam rangka melindungi hak mereka sendiri terkait pengambalian dan penukaran produk:

 

  1. Memverifikasi kebijakan pengembalian barang dan pengembalian dana pada saat melakukan pembelian dengan pedagang;

     

  2. Menjaga produk dalam kondisi aslinya untuk mempertahankan hak mereka untuk menukar atau mengembalikan barang tersebut;

     

  3. Memeriksa kecocokan produk sebelum melakukan pembelian, contohnya ukuran, warna, fungsi, dll; dan

     

  4. Melakukan negosiasi dengan pedagang, terkait apakah ada persyaratan tambahan sebagai bagian dari kebijakan pengembalian barang dan pengembalian dana dan jika diperlukan konsumen dapat mendokumentasikan persyaratan yang diajukan.

 

Apabila konsumen menemukan kesulitan dalam hal menyakinkan pedagang untuk mematuhi ketentuan kebijakan pengembalian barang dan pengembalian dana, konsumen dapat menghubungi kami melalui email atau Telp.: +603 2164 3273

CHÍNH SÁCH HOÀN TRẢ & HOÀN TIỀN

 

Chúng tôi là nhà cung cấp giải pháp cổng thanh toán đầu cuối hoạt động như bên đáng tin cậy giữa người bán và người tiêu dùng, để cả hai bên có thể bán và mua một cách tự tin và an toàn. Để bảo vệ lợi ích của người tiêu dùng, chúng tôi sẽ mua lại thương nhân của chúng tôi để tuân thủ hướng dẫn hoàn trả và hoàn trả của chúng tôi, trong đó đưa ra các tiêu chuẩn tối thiểu liên quan đến việc trả lại và hoàn trả sản phẩm. Trong trường hợp thỏa thuận hoàn tiền đã đạt được giữa người tiêu dùng và người bán, chúng tôi sẽ thực hiện việc hoàn tiền trong vòng 7 ngày kể từ ngày thỏa thuận đó được chúng tôi chú ý.

 

Hướng dẫn phác thảo chi tiết trong trường hợp nào người bán nên trả lại hoặc trao đổi sản phẩm như sau:

 

Đầu tiên – Nếu người tiêu dùng thấy rằng sản phẩm được giao đang trong tình trạng bị hư hỏng hoặc bị lỗi, không hoạt động hoặc không đáp ứng mục đích sử dụng của nó.

 

Thứ hai – Không phù hợp với một sản phẩm có đặc điểm kỹ thuật tiêu chuẩn.

 

Thứ ba – Nếu sản phẩm đã hết hạn hoặc hết hạn sử dụng.

 

Thứ tư – Nếu sản phẩm sai khác với đơn đặt hàng được giao.

 

Trong tất cả các trường hợp trên, chúng tôi nhấn mạnh rằng người bán cần tuân thủ nghĩa vụ của hướng dẫn và buộc phải trao đổi hoặc hoàn tiền cho người tiêu dùng theo phương thức thanh toán với điều kiện người tiêu dùng liên hệ với người bán liên quan đến việc hoàn trả trong vòng mười bốn (14) ngày kể từ ngày nhận được sản phẩm.

 

Trong trường hợp sản phẩm được mua bằng thẻ tín dụng, số tiền được hoàn trả vào thẻ mà người tiêu dùng sử dụng để mua hàng. Trong trường hợp giao dịch mua hàng được thực hiện bởi ngân hàng trực tuyến, số tiền được hoàn trả vào tài khoản ngân hàng của người tiêu dùng.

 

Nghĩa vụ của người bán:

Để đảm bảo người bán tuân thủ các nguyên tắc hoàn trả và hoàn tiền, chúng tôi đã yêu cầu họ thực hiện các biện pháp sau:

 

  1. Người bán phải đăng tải hoặc hiển thị rõ ràng chính sách hoàn trả và hoàn tiền trên trang web hoặc thông báo cho người tiêu dùng về chính sách hoàn trả và hoàn tiền;

     

  2. Thương nhân không được đăng tải bất kỳ tài liệu, thông tin nào cấm việc trả lại hoặc trao đổi sản phẩm; và

     

  3. Thương nhân phải hoàn trả đầy đủ cho người tiêu dùng về giá của sản phẩm trong trường hợp người tiêu dùng được hoàn tiền có tính đến bản chất của sản phẩm, lỗi và khung thời gian mà người tiêu dùng sử dụng sản phẩm phát hiện ra lỗi.

     

    • Một số sản phẩm không hoàn lại và trao đổi:

      • Hàng hóa dễ hỏng như thực phẩm, hoa, báo hoặc tạp chí

      • Hàng hóa thân mật hoặc vệ sinh, vật liệu nguy hiểm hoặc chất lỏng hoặc khí dễ cháy

      • Thẻ quà tặng

      • Sản phẩm phần mềm có thể tải xuống

      • Một số hàng hóa chăm sóc sức khỏe và cá nhân

      • và các hàng hóa khác có thể được thêm vào hợp lý theo thời gian

       

    • Một số dịch vụ không hoàn lại:

      • Công việc / dịch vụ đã hoàn thành.

      • Việc hủy bỏ công việc / dịch vụ quá thời hạn quy định trong chính sách hoàn tiền của chúng tôi không quá bảy (7) ngày kể từ ngày thanh toán.

      • Thay đổi suy nghĩ.

      • Nhấn mạnh vào việc có một dịch vụ được cung cấp theo một cách cụ thể, chống lại khả năng và lời khuyên của thương nhân.

      • Không giải thích rõ ràng nhu cầu của người dùng đối với thương nhân.

       

Vai trò của người tiêu dùng trong việc bảo vệ quyền trả lại hoặc trao đổi sản phẩm của mình

Chúng tôi muốn thu hút sự chú ý của người tiêu dùng vai trò của họ trong việc bảo vệ quyền của chính họ liên quan đến việc trả lại và trao đổi sản phẩm:

 

  1. Xác minh chính sách hoàn trả và hoàn tiền khi mua hàng với người bán;

     

  2. Giữ sản phẩm trong tình trạng ban đầu để bảo toàn quyền trao đổi, trả lại sản phẩm;

     

  3. Kiểm tra xem sản phẩm có phù hợp trước khi mua hàng như kích thước, màu sắc, chức năng... và

     

  4. Thương lượng với người bán bất kỳ điều khoản bổ sung nào như một phần của chính sách hoàn trả và hoàn trả nếu cần thiết và ghi lại các điều khoản này.

 

Trong trường hợp người tiêu dùng gặp khó khăn trong việc thuyết phục người bán tuân thủ các điều khoản của chính sách hoàn trả và hoàn tiền, người tiêu dùng có thể liên hệ với chúng tôi qua email hoặc điện thoại: +603 2164 3273

退貨和退款政策

 

我們是付費網關解決方案提供商，充當商家和消費者之間的信任方，使雙方能夠放心、安全地進行買賣。為了保障消費者的利益，我們將促使我們的商家遵守我們的退貨和退款指南，該指南規定了與產品退貨和退款有關的最低標準。如果消費者與商家達成退款協議，我們將在收到該協議之日起 7 日內進行退款。

 

該指南詳細概述了商家在哪些情況下應退貨或換貨，具體如下：

 

第一——如果消費者發現交付的產品存在損壞或有缺陷的狀況、無法使用或無法達到產品應有用途。

 

第二——產品不符合標準規格。

 

第三——產品過期。

 

第四——如果交付了與訂單不同的錯誤產品。

 

在上述所有情況下，我們強調商家需要遵守指南的義務，若消費者在收到產品後十四天內就退貨和退款事宜與商家聯繫，商家需強制按規定換貨或退費給消費者。

 

如果產品是透過信用卡購買的，則費用將退還到消費者用於購買的卡中。如果透過網路銀行購買，費用將退還至消費者的銀行帳戶。

 

商家的義務：

為確保商家遵守退貨和退款指南，我們已要求他們採取以下措施：

 

  1. 商家應在網站上註明退換貨政策或告知消費者退換貨政策；

     

  2. 商家不得張貼任何禁止退換貨的文件或信息；和

     

  3. 考慮到產品的性質、缺陷以及消費者發現缺陷使用產品的時間範圍，如果消費者有權要求退款，商家應全額退還消費者產品的費用。

     

    • 一些不可退換貨的產品：

      • 易腐爛的商品，例如食物、鮮花、報紙或雜誌

      • 私密衛生用品、危險材料或易燃液體或氣體

      • 禮券

      • 下載型的軟體產品

      • 健康和個人護理用品

      • 其他附加型的商品

       

    • 一些不可退款的服務：

      • 作業/服務已經完成。

      • 工作/服務取消超過我們退款政策中規定的期限，即付款日期後不超過七 (7) 天。

      • 改變主意。

      • 堅持以特定方式提供服務，違背商家的能力和建議。

      • 未能向商家清楚說明用戶的需求。

       

消費者在保護其退貨或換貨權利方面的作用

我們想提請消費者註意他們在保護自己在退貨和換貨方面的權利方面的作用：

 

  1. 與商家進行購買時確認退貨和退款政策；

     

  2. 使產品保持原狀，以保留其換貨或退貨的權利；

     

  3. 購買前檢查產品是否合適，如尺寸、顏色、功能等；和

     

  4. 如有必要，與商家協商任何附加條款作為退貨和退款政策的一部分，並記錄這些條款。

 

如果消費者難以說服商家遵守退貨和退款政策的條款，消費者可以通過電子郵件或電話聯繫我們：+603 2164 3273

退货 & 退款条款

 

我们是一家端到端的支付网关解决方案服务商，充当商家与消费者之间的信任方，使双方能够有信心和安全地进行销售和购买。为了保障消费者权益，我们将促使商家遵守我们的退货和退款条款，该条款规定了退货和退款有关的最低标准。如果消费者和商家之间达成了退款协议，我们将在收到该申请后的7天内实施退款。

 

以下条款详细描述了商户在那种情况下应该进行退货或换货：

 

第一 - 如消费者发现交付的产品处于有损坏或有缺陷的状态，不能正常使用或无法达到预期用途。

 

第二 - 产品不符合标准规格。

 

第三 - 产品过期或失效。

 

第四 - 交付的产品与订单不符。

 

在上述情况下，我们强调商家需要遵守退换货条款的义务，并且如果消费者在收到产品的14天内以退货或退款问题与商家联系，商家必须根据当初付款方式向消费者进行换货或退款。

 

如果产品是通过信用卡购买的，款项将退还至消费者当时付款的信用卡。如果是通过网上银行购买的，款项将退还至消费者相关银行账户。

 

商户责任：

为确保商家遵守退货和退款条款，我们要求他们采取以下措施：

 

  1. 商家应当在网站上明确张贴或展示退货和退款政策，或告知消费者退货和退款政策；

     

  2. 商家应避免张贴任何禁止退换货的文件或信息；以及

     

  3. 考虑到产品的性质、缺陷和消费者在某段时间范围内使用产品发现缺陷的，在查核后消费者有权获得退款的情况下，商家应全数退还消费者相关款项。

     

    • 一些不可退换的产品：

      • 易腐物品，如食品、鲜花、报纸或杂志等

      • 贴身或卫生用品、危险材料或易燃液体或气体

      • 礼品卡

      • 可下载的软件产品

      • 一些健康和个人护理用品

      • 以及可能不时合理增加的其他商品

       

    • 一些不可退款的服务：

      • 该工作/服务已经完成。

      • 发起取消工作/服务的日期超过了我们的退款政策中规定的期限，即自付款日期起不超过7天。

      • 改变主意。

      • 超出商家的能力范围或不听从商家建议，坚持要求以特定方式提供服务。

      • 未能向商家明确解释用户的需求。

       

保护消费者在退换货方面的权利

我们希望提醒消费者注意他们在保护自己的产品退换货方面的权利：

 

  1. 在向商家购物时，要核实退货和退款政策；

     

  2. 保持产品的原有状态下，以维护其换货或退货的权利;

     

  3. 购买前应当检查商品的尺寸、颜色、功能等方面是否适合；以及

     

  4. 如有必要，与商家协商任何额外条款，作为退货退款政策的一部分并作记录。

 

如果消费者发现与商家在遵守退货和退款政策的条款有异议，消费者可以通过电子邮件或电话联系我们：+603 2164 3273