2. USE OF THE PLATFORM AND/OR SERVICES
2.2 Content provided on this Platform is solely for informational purposes. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. MiniHero shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.5 We reserve the right, but shall not be obliged to:
(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3. USER SUBMISSIONS
3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
4. TRADEMARKS AND COPYRIGHTS
4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5. Our limitation of responsibility and liability
5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by MiniHero of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
5.2 Without limiting the foregoing, MiniHero does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
5.3 MiniHero and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7. APPLICABLE LAW AND JURISDICTION
8.2 Notwithstanding the foregoing, MiniHero reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
TERMS AND CONDITIONS OF SALE
1.1 In these Conditions:
"Buyer" means the person who purchases Goods on the Platform;
"Conditions" mean these Terms and Conditions of Sale;
"Contract" means the contract formed when the Seller accepts the order placed by the Buyer on the Platform for the purchase of Goods sold by the Seller;
"Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;
“MiniHero” means MN Hero Sdn Bhd (Company No. 1325758-H), a company incorporated in Malaysia and having its registered address at (Suite 8-16-3, 16th Floor. Menara Mutiara Bangsar, Jalan Liku Off Riong. 59100. Kuala Lumpur Malaysia -);
“MiniHero Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;
“Platform” means the Minihero.my website and/or the MiniHero mobile app;
“Recipient” means the charity organisations listed on the Platform receiving the Goods purchased by the Buyer through the Platform
“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor.
“Services” means the use of any services, information and functions made available by MiniHero at the Platform;
“Third Party Vendor” means a seller which, with MiniHero’s permission, uses the Platform and/or Services to sell Goods to the Buyers; and
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 Any references to “MiniHero” in these Conditions refer to MiniHero’s actions on its own behalf as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.
1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2. Basis of the Contract
2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”).
2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, MiniHero is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.
2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
2.4 While the Seller endeavours to provide an accurate description of the Goods, neither MiniHero nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.
2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by MiniHero in its website shall be subject to correction without any liability on the part of MiniHero.
3. Orders and Specifications
3.1 The Buyer may select the Recipient and purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order and choice of the Recipient. All orders shall be subject to the Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. MiniHero shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which MiniHero shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
3.2 Order acceptance and completion of the Contract between the Buyer and the Seller will only be completed upon MiniHero issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, MiniHero shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. MiniHero shall furthermore be entitled to require the Buyer to furnish MiniHero with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from MiniHero and on terms that the Buyer shall indemnify MiniHero in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by MiniHero as a result of the modification or cancellation, as the case may be.
4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to MiniHero in addition to the price, but it excludes the delivery and administrative charges.
4.2 In the event any Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which MiniHero shall, on behalf of the Seller (where the Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to the Buyer.
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When the Buyer places an order on the Platform, actual payment shall be only charged upon the Seller’s acceptance of the Buyer’s order and the formation of a Contract. All payments shall be made to MiniHero, either accepting payment in its own right or as the Seller’s agent (where Seller is a Third Party Vendor). The Buyer acknowledge that MiniHero is entitled to collect payments from the Buyer on behalf of Third Party Vendors.
5.2 The terms and conditions applicable to each type of payment, as prescribed by MiniHero on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
5.2.1 Credit Card
Credit card payment option is available for all Buyers. MiniHero accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of the Buyers are protected by industry leading encryption standards.
Please take note that additional charges may be incurred if the Buyer is using a non-Malaysian issued card due to foreign exchange rates.
5.2.2 Debit Cards
MiniHero accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
5.2.3 Online Banking
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by the Buyer to a MiniHero account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. MiniHero, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
5.2.4 Automatic Recurring Payments
i. By clicking on the automatic recurring payment option on the Platform, you authorize MiniHero: (a) to initiate recurring automated debit card payments from the banking account you specify, or (b) to initiate recurring charges from your specified credit card.
ii. By accepting these terms and conditions, you authorize MiniHero to charge the
credit card or debit the debit card account that you have specified in the payment plan setup process each month in the
amount designated in the payment plan setup process. You agree that the payment card specified by you for automatic
monthly payments to MiniHero is, and will continue to be, an account that you own, and that you will maintain
sufficient availability under your credit card limit, or sufficient funds in the account linked to your debit card, as applicable,
to pay your monthly designated amount.
iii. The automatic monthly charge to your credit card or debit to your debit card
account will occur on or after the due date specified by the plan setup process and these terms and conditions will constitute your copy of your recurring payment authorization to MiniHero.
iv. You may cancel your recurring payment authorization by disabling the automatic recurring payments option on the Platform or by contacting MiniHero through the Contact Us page at https://www.Minihero.my/contact/. Your request to cancel your recurring payment authorization must be received by MiniHero at least seven (7) business days before the designated due date for the month in which your request is made. If your cancellation request is submitted after this time, the cancellation will not take effect until the following billing cycle for your statement. If you cancel your recurring payment authorization, you will then be responsible for taking the appropriate action to pay your bill in full on or before the statement due date.
5.3 The Buyer may not claim against the Seller or any of its agents (which may include MiniHero), for any failure, disruption or error in connection with the Buyer’s chosen payment method. MiniHero reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
5.4.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
5.5 All refunds shall be made via the MiniHero virtual payment account ("MiniHero Payment Account"). MiniHero offers no guarantee of any nature for the timeliness of the refunds reaching the MiniHero Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by MiniHero. All refunds are conditional upon MiniHero’s acceptance of a valid return of the Goods. MiniHero reserve the right to modify the mechanism of processing refunds at any time without notice.
5.6 All payments for the purchased Goods must be made to MiniHero using the payment methods made available on the Platform only. MiniHero shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.
6.1 Delivery of the Goods shall be made directly to the Recipient of the Buyer’s choice as specified in its order within 7 working days upon payment and/or donation received by Minihero.
6.2 MiniHero has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and MiniHero shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If the Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to MiniHero, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If MiniHero fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.
8.1 Where the Goods have been delivered to the Recipient even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, the Buyer shall cause the Recipient to immediately notify MiniHero of the delivery. The property in the Goods shall not pass to the Recipient and the Recipient shall hold the Goods as MiniHero's fiduciary agent and bailee and shall keep the Goods separate from those of the Recipient. MiniHero shall be entitled at any time to demand the Recipient to deliver up the Goods to MiniHero and in the event of non-compliance MiniHero reserves its right to take legal action against the Recipient and/or the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Recipient and/or the Buyer.
6.5 If the Recipient fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Recipient's reasonable control or by reason of the Seller's fault) then without prejudice to any other right or remedy available to MiniHero, MiniHero may:
6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.5.2 terminate the Contract and claim damages.
7. Return, Refund and Replacement of Goods
7.1 All Goods sold on the Platform is covered under the MiniHero 7 Days Easy Returns or 14 Days Easy Returns depending on the Goods sold (“Return Policy”). The Buyer may initiate the returns process by communicating with MiniHero or the Seller through the Platform. The logo(s) of the Return Policy for each Goods can be found on the Goods’ product page.
7.2 The Buyer may, by completing the Online Return Form, apply to return the purchased Goods to MiniHero or the Seller in exchange for a replacement or a refund. The Buyer shall ensure that the purchased Goods is returned to MiniHero or the Seller within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact MiniHero or the Seller within 48 hours of receiving the delivery to expedite the claim process.
7.3 The Recipient may only apply for return of the purchased Goods in the following circumstances:
7.2.1 the Goods delivered to the Recipient is defective and/or damaged on delivery;
7.2.3 the Goods delivered to the Recipient is materially different from the description provided by the Seller in the listing of the Goods;
7.2.4 the Goods delivered to the Recipient does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order; and
7.2.6 such other circumstances which may be prescribed by MiniHero on the Platform.
7.4 The Recipient is to ensure that product is not opened, as otherwise it will not be accepted for return.
7.5 Notwithstanding Clause 7.3 above, return or cancellations of any perishable goods are not allowed. To ensure that the Recipient is satisfied with the product the Recipient received, the Recipient should inspect the contents as soon as the order arrives.
7.6 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by MiniHero on the Platform. Please see Help Center for further details.
7.7 Questions and complaints with regards to returns
7.7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact MiniHero using the “Contact Us” page on the Platform, as applicable.
7.7.2 In the event that Buyer and/or the Recipient is unable to resolve any dispute with the Seller directly through amicable negotiations, MiniHero reserves the right to suggest and implement an appropriate resolution at its sole discretion.
8 Risk and property of the Goods
8.2 Risk of damage to or loss of the Goods shall pass to the Recipient at the time of delivery or if the Recipient wrongfully fails to take delivery of the Goods, the time when MiniHero has tendered delivery of the Goods.
8.3 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Recipient until MiniHero has received from the Buyer in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
8.4 Until such time as the property in the Goods passes to the Recipient, the Recipient shall hold the Goods as MiniHero's fiduciary agent and bailee and shall keep the Goods separate from those of the Recipient.
8.5 The Buyer agrees with MiniHero that the Buyer shall immediately notify MiniHero of any matter from time to time affecting MiniHero’s title to the Goods and the Buyer shall provide MiniHero with any information relating to the Goods as MiniHero may require from time to time.
8.6 Until such time as the property in the Goods passes to the Recipient (and provided the Goods are still in existence and have not been resold), MiniHero shall be entitled at any time to demand the Recipient to deliver up the Goods to MiniHero and in the event of non-compliance MiniHero reserves its right to take legal action against the Recipient for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Recipient.
8.7 The Recipient shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of MiniHero but if the Recipient does so all moneys owing to MiniHero shall (without prejudice to any other right or remedy of MiniHero) forthwith become due and payable by the Recipient.
8.8 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer and/or the Recipient shall take all steps necessary to give effect to the same.
8.9 The Buyer and/or the Recipient shall indemnify MiniHero against all loss damages costs expenses and legal fees incurred by the Buyer and/or the Recipient in connection with the assertion and enforcement of MiniHero's rights under this condition.
9.1 The Buyer may terminate the Contract before the Seller dispatches the Goods, by written notice to MiniHero through the Contact Us page at https://www.Minihero.my/contact/. If the Goods have already been dispatched, the Buyer may not terminate the Contract but the Recipient may return the Goods in accordance with Clause 7 of these Conditions.
9.2 Without prejudice to any other right of termination elsewhere in these Conditions, the Seller, or MiniHero acting on the Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Recipient and/or terminate the Contract with immediate effect by written notice to the Buyer and/or the Recipient on or at any time after the occurrence of any of the following events:
9.2.1 the Goods under the Contract being unavailable for any reason; and/or
9.2.2 the Goods under the Contract has been mispriced on the Platform.
10 Warranties and Remedies
10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
10.2 Subject to this Clause 10 of these Conditions, MiniHero warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), MiniHero further gives to the Buyer such implied warranties as cannot be excluded by law.
10.3 MiniHero’s above warranty concerning the Goods is given subject to the following conditions:
10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to MiniHero.
10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
10.3.3 MiniHero binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of MiniHero's opinion in that behalf. MiniHero is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. MiniHero does not give any warranty as to the quality state condition or fitness of the Goods.
10.3.4 MiniHero shall be under no liability for the following measures and actions taken by the Buyer, the Recipient or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of MiniHero, addition and insertion of parts, in particular of spare parts which do not come from MiniHero.
10.3.5 MiniHero shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer/ Recipient or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow MiniHero's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without MiniHero's approval.
10.3.6 MiniHero is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without MiniHero’s prior written approval and the Buyer / Recipient shall indemnify MiniHero against each loss liability and cost arising out of such claims.
10.3.7 MiniHero shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, the Recipient may apply to return the defective and/or damaged Goods to MiniHero or the Seller in exchange for a replacement or a refund in accordance with MiniHero’s Return Policy and Clause 7 of these Conditions above.
10.7 When MiniHero or the Seller has provided replacement Goods to the Recipient or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of MiniHero or the Seller.
11.1 In no event shall MiniHero be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if MiniHero had been advised by the Buyer and/or the Recipient of the possibility of incurring the same.
11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s and/or the Recipient’s sole and exclusive remedies for non-conformity of or defects in the Goods and MiniHero’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions .
11.3 Notwithstanding any other provision of these Conditions, the Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to the Seller under such Contract.
11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.
11.5 No action shall be brought against MiniHero later than 12 months after the date it becomes aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware.
12.7 Neither MiniHero nor the Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond MiniHero's or the Seller’s reasonable control.
12.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to MiniHero, to its registered office or principal place of business and if to the Buyer or the Recipient, to the address stipulated in the relevant order.
12.9 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of the International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of the International Commercial Terms and these Conditions, the latter shall prevail.
12.10 No waiver by MiniHero of any breach of the Contract by the Buyer and/or the Recipient shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, MiniHero’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.
12.11 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
12.12 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
12.13 The Contract shall be governed by the laws of Malaysia and the Buyer and the Recipient agrees to submit to the exclusive jurisdiction of the Courts in Malaysia.
12.16 MiniHero may, through the Platform or by such other method of notification as MiniHero may designate, vary the terms and conditions of these Terms and Conditions of Sale and such variation shall take effect on the date MiniHero specifies through the above means. If the Buyer and/or the Recipient uses the Platform after such date, the Buyer and/or the Recipient is deemed to have accepted such variation. If the Buyer and/or the Recipient do not accept the variation, the Buyer and/or the Recipient must stop access or using the Platform and terminate the Contract.
12.17 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on the Seller’s part shall be subject to correction without any liability on the Seller’s part.
12.19 These Conditions shall constitute the entire agreement between the Buyer and/or the Recipient and the Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
12.20 MiniHero reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as MiniHero deems appropriate.
This Terms and Condition is last updated as at 21st Nov 2019, and will only take effect 21 days from the posting date.
MINIHERO WALLET USER TERMS AND CONDITIONS (last updated : [xxx])
These Terms and Conditions govern your access and use of the MiniHero virtual Wallet ("MiniHero Wallet").
A. The MiniHero Wallet is operated by iPay88 for Ecart Services Malaysia Sdn. Bhd. (“MiniHero”).
All references in these Terms and Conditions to "we," "us," or "our" shall refer to IPay88 as operator of the MiniHero Wallet. “You” and “your” shall refer to the User.
The MiniHero Wallet is associated with your MiniHero Account and is intended for effecting payment for the purchase of goods and/or services offered by the MiniHero and the Seller by registered Users.
By requesting and/or using the MiniHero Wallet, you, the User, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the MiniHero Wallet.
B. These Terms and Conditions are in addition to the terms and conditions governing your use of the MiniHero Website and your MiniHero Account available at https://www.Minihero.my/terms-of-use/
C. These Terms and Conditions are supplemented by MiniHero’s Payment Protection Policy (“Payment Protection Policy”), which give all MiniHero customers the assurance of authorized payments on the MiniHero Wallet. The Payment Protection Policy also sets out compensation guidelines for losses arising from any unauthorized transactions on the MiniHero Wallet. The policy is available at https://www.Minihero.my/terms-of-use/
DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:
“IPay88” means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
"Indemnitees" means IPay88's and MiniHero’s respective officers, employees, directors, agents, contractors and assigns.
"MiniHero" means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
“MiniHero Account” means the online account of the User on the MiniHero Platform.
"MiniHero Wallet" is defined in the recitals to these Terms and Conditions.
“MiniHero Wallet Balance” is defined in clause 3.1 of these Terms and Conditions.
“MiniHero Platform” is defined as the website or the mobile application (as applicable) from which you purchased the goods or services offered by the Sellers listed on MiniHero Platform.
“Payment Instrument” is defined in clause 3.2.
"Personal Data" means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
"Promo Coupon" means, to the extent permitted by local law, a promotional coupon which is issued by MiniHero to a User relating to MiniHero Wallet, from time to time as a gratuity, by crediting the coupon amount into the User’s MiniHero Wallet, and may be used by the relevant User to pay for goods or services on the MiniHero Platform, prior to the relevant Promo Coupon’s expiry date, as determined at the sole discretion of MiniHero and subject to conditions as may be imposed by MiniHero from time to time. A Promo Coupon is not legal tender, is not considered electronic money and is not transferable.
"Refund Coupon" means a MiniHero store credit, given by MiniHero when refunding a User’s previous purchase of goods or services on the MiniHero Platform and subject to conditions as may be imposed by MiniHero from time to time. A Refund Coupon is not legal tender, is not considered electronic money and is not transferable.
"Registration Information" is defined under clause 2.1 of these Terms and Conditions and may include Personal Data.
“Seller” means a seller which uses the Platform to sell goods or services to customers.
"User" means an authorized user of the MiniHero Wallet.
1 ACCESS TO THE MINIHERO WALLET
1.1 You agree to:
1.1.1 use your MiniHero Wallet only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the MiniHero Wallet in good faith;
1.1.2 comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the MiniHero Wallet, as well as any amendments thereto issued by us from time to time; and
1.1.3 ensure that any information or data you provide to us in connection with the MiniHero Wallet is accurate.
1.2 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.
1.3 Use of the MiniHero Wallet is restricted to registered users of the MiniHero Platform.
1.4 By using the MiniHero Wallet, you agree to comply with all applicable laws and regulations in Malaysia.
2.1 The registration process for the MiniHero Account requires you to provide MiniHero with accurate and complete personal information, including your name, address, telephone number, date of birth, email address and any other information as may be deemed necessary by us ("Registration Information"). You shall be responsible to update the Registration Information to ensure its completeness and accuracy. You acknowledge and agree that MiniHero may share your Registration Information with us from time to time.
2.2 In addition to such Registration Information, we may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of the MiniHero Wallet or suspend or close your MiniHero Wallet.
2.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever, including making any enquiries on behalf of MiniHero to process any refunds, including Refund Coupons, payable to you.
2.4 Each User is only entitled to have one (1) MiniHero Wallet associated with his or her MiniHero Account.
2.5 You are solely responsible for keeping your username and password to your MiniHero Wallet secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform MiniHero immediately.
3 MINIHERO WALLET BALANCE
3.1 You may maintain funds in your MiniHero Wallet, and such funds, less any monies owed to us, will be regarded as the balance of your MiniHero Wallet ("MiniHero Wallet Balance"). Your MiniHero Wallet may also contain your Promo Coupon or your Refund Coupon. These Coupons are issued by MiniHero, are not considered electronic money, and are not part of your MiniHero Wallet Balance.
3.2 Funds can be accumulated in your MiniHero Wallet Balance by means of a transfer of funds from certain payment instruments we accept (including debit cards, checking and savings account or other prepaid payment method we allow, collectively, "Payment Instruments").
3.3 For any transfer from a Payment Instrument to your MiniHero Wallet Balance, we make no representation that any of your Payment Instrument(s) are in good standing, or that the issuer of your Payment Instruments will authorise or approve such transfer.
3.4 Unless otherwise stated, both you and MiniHero are not liable for any fees raised by third parties including card issuers or banks, associated with funding your MiniHero Wallet Balance. However, we reserve the right to decline acceptance of any payment instruments, including credit cards, debit cards or bank accounts, as funding methods at our sole discretion.
3.5 We reserve the right to impose limits on your use of MiniHero Wallet from time to time, including (i) the amount of value you may load your MiniHero Wallet at any one time; and (ii) the aggregate funds loaded to your MiniHero Wallet over any time period.
3.6 Details relating to the use of your MiniHero Wallet including transactions made and balance remaining in your MiniHero Wallet can be found on the MiniHero Platform.
4 USING YOUR MINIHERO WALLET
4.1 You may use your MiniHero Wallet to purchase goods and/or services through the MiniHero Platform. For security reasons, we may limit the amount or number of transactions you can make through your MiniHero Wallet. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.
4.2 Each time you use your MiniHero Wallet, you authorize us to reduce the value available in your MiniHero Wallet Balance by the total amount of the transaction and where applicable, any fees, including shipping fees, payment fees and all applicable taxes. The amount of any purchases will first be applied to any Promo Coupons or Refund Coupons (based on the earliest expiry date for each such Promo Coupon or Refund Coupon) which are available in your MiniHero Wallet. You can only make payments using your MiniHero Wallet to the extent that you have MiniHero Wallet Balance to support those transactions. You are not allowed to make purchases in excess of your MiniHero Wallet Balance. We will not extend credit in connection with your use of your MiniHero Wallet, and you must repay us immediately if your MiniHero Wallet Balance is ever less than zero for whatever reason.
4.3 You are responsible for all transactions initiated and fees incurred by using your MiniHero Wallet. If other persons access your MiniHero Wallet, we will treat this as if you have authorized such use and you will be responsible for any transactions made. and fees incurred by such use.
4.4 You must notify us immediately of any unauthorized use of MiniHero Wallet or any other breach of security regarding the MiniHero Wallet of which you have knowledge. You must report any such activities within ninety (90) days for any claims for unauthorized use of your MiniHero Wallet to be valid for consideration under MiniHero’s Payment Protection Policy.
4.7 Notwithstanding anything to the contrary under MiniHero’s Payment Protection Policy, you agree that we will not compensate you for any loss resulting from any claims for unauthorized use of your MiniHero Wallet under any of the following events, as determined at our sole and absolute discretion:
4.7.1 where any such claims relate to transactions that are found to be conducted on your trusted device, your IP address or any other user‐acceptable boundaries;
4.7.2 where you have acted fraudulently or with negligence, including but not limited to cases where you have wilfully disclosed your MiniHero Wallet log-in details to a third party;
4.7.3 if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorized transactions;
4.7.4 where any funds in your MiniHero Wallet are subject to legal process or other encumbrance restricting transfer;
4.7.5 where any such transactions took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or
4.7.6 where any terminal or system (including our or MiniHero’s website or services) was not working properly or suffering any other technical malfunction before you initiated the relevant transaction.
4.8 Subject to clauses 5 and 6.4, no redemption of cash, transfer of funds or cash withdrawal is permitted in respect of any amounts on your MiniHero Wallet.
4.9 We shall have the right to refuse any transaction on your MiniHero Wallet if:
4.9.1 the transaction does not satisfy these Terms and Conditions or the terms and conditions of your MiniHero Account; or
4.9.2 where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.
4.9.3 such transaction involving the use of any Promo Coupon or Refund Coupon where we or MiniHero suspects any coupon abuse or fraud or any illegal activities in relation to your MiniHero Wallet.
4.10 When using your MiniHero Wallet to pay for a purchase on the MiniHero Platform, payments may be processed through accounts owned by us or one of our affiliates and/or a registered third party service provider acting on our behalf.
4.11 For each purchase transaction you make on the MiniHero Platform, we will transfer funds from your MiniHero Wallet when the first of any of the following events occurs:
4.11.1 we receive confirmation of a successful completion of the purchase from MiniHero;
4.11.2 you fail to confirm receipt of the goods or services within the time limit prescribed under the terms and conditions of the MiniHero Platform, in which case you will be deemed to have received the goods or services;
4.11.3 the conclusion of any settlement agreement or dispute between you and any other user of the MiniHero Platform and/or MiniHero, in which case the funds will be disposed in accordance with such settlement agreement or dispute resolution; or
4.11.4 MiniHero or any of its affiliates, or us or any of our affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment.
4.12 When releasing any funds, we shall have the right to deduct or withhold any financial charges or service fees due and payable to us and/or MiniHero in such amounts as instructed by MiniHero.
4.13 If you experience any difficulties with your MiniHero Wallet, please contact us at https://www.Minihero.my/contact/ . If you have placed an order on the MiniHero Platform and experience difficulties with your order, please contact customer service https://www.Minihero.my/contact/ .
4.14 You shall complete any purchases in accordance with the applicable terms and conditions of the MiniHero Platform https://www.Minihero.my/terms-of-use , which may be amended from time to time at MiniHero’s discretion without notice.
4.15 You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for us to operate your MiniHero Wallet. If your failure to do so results in any delay in any transaction on your MiniHero Wallet, neither we nor MiniHero shall be liable for any loss or damages arising from such delay.
4.16 You acknowledge and agree that we are not a bank or remittance agent and the services we provide to you in connection with your MiniHero Wallet should in no way be construed as the provision of banking services or remittance services. We are not acting as a trustee, fiduciary or escrow with respect to your MiniHero Account Balance.
5.1 If, having purchased goods or services on the MiniHero Platform, you are subsequently entitled to a refund for any reason in respect of such goods or services, you agree that MiniHero will either (i) issue a Refund Coupon; or (ii) where the purchase was made using a credit card, credit the refund to the same credit card. We may require you to provide additional information prior to processing any refund.
5.2 A Refund Coupon is (i) not legal tender; (ii) not considered electronic money; (iii) not transferable; and (iv) subject to MiniHero terms and conditions.
6 CLOSURE AND NON-USE OF YOUR MINIHERO WALLET
6.1 You may request that we close your MiniHero Wallet at any time by contacting our customer support team. Contact details of the customer support team are available at https://www.Minihero.my/contact/ .
6.2 We may, at any time and at our absolute and sole discretion:
6.2.1 discontinue your use of the MiniHero Wallet or any part thereof;
6.2.2 close your MiniHero Wallet; and/or
6.2.3 reactivate your MiniHero Wallet upon the completion of any relevant internal investigations (where applicable).
6.3 We shall endeavour to provide notice of any such discontinuation or closure of your MiniHero Wallet. You agree that we shall not be liable to you in relation to any inability of yours to access your MiniHero Wallet or any part thereof.
6.4 Closure of your MiniHero Wallet will not cancel any cleared transactions, which you have already undertaken.
6.5 If your MiniHero Wallet is closed for any reason, we will contact you to arrange for the refund of any residual electronic funds in that MiniHero Wallet as set out in clause 6.6. In no event shall you be entitled to any refund in respect of any MiniHero Wallet Balance attributable to Promo Coupons.
6.6 You remain liable for all obligations related to your MiniHero Wallet. Closure of your MiniHero Wallet does not relieve you of any liability pertaining to your MiniHero Wallet. In the event of a pending investigation at the time your MiniHero Wallet is closed, we may continue to hold your funds for up to one hundred and eighty (180) days from the date of closure in order to protect us against any loss. If we suspect that you have used your MiniHero Wallet for any illegal purposes, we may hold any outstanding MiniHero Wallet Balance for such time as we determine in our absolute discretion or as required by law.
6.7 We will refund any electronic funds in your MiniHero Wallet as soon as practicable after its closure through any payment method we deem in our discretion most suitable, on the condition that you provide us with:
6.7.1 valid bank account details where the name and address details of that bank account's holder match the name and address details of your MiniHero Wallet; and
6.7.2 request for additional information and/or documentation where we deem necessary and in accordance with any regulatory or legal requirement
6.8 We have the right not to return to you any disputed funds or any funds which relate to a breach of these Terms and Conditions until such time such a dispute has been resolved or where a court of a competent jurisdiction has decided on the matter.
6.9 We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or any other illegal activity checks before authorizing any withdrawal of your funds, including returning any funds to you after your MiniHero Wallet has closed or before any refunds are processed.
We may amend these Terms and Conditions any time by posting an updated version at www.Minihero.my. The updated version of these Terms and Conditions shall take effect 21 days from the posting date. Each time you use your MiniHero Wallet you confirm that you agree to be bound by these Terms and Conditions as may be amended from time to time.
8 AVAILABILITY OF MINIHERO WALLET
We may, from time to time and upon giving at least 21 days notice to you, upgrade, modify, suspend or discontinue the provision of your MiniHero Wallet and in such an event we shall not be liable if any such upgrade, modification or suspension prevents you from accessing your MiniHero Wallet or any part of it. Notwithstanding the above, we reserve the right to suspend or discontinue the provision of the MiniHero Wallet without any prior notice in the event of suspected fraud or AML breaches or for scheduled system maintenance.
9 REPRESENTATIONS AND WARRANTIES
By accepting these Terms and Conditions, you represent and warrant that you are at least 18 years of age and not violating any applicable laws or regulations through your use of your MiniHero Wallet, and you agree to defend, indemnify and hold us, our Indemnitees, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by us due to or arising out of your breach of this representation and warranty. We may report any suspicious activity to the relevant authorities.
10 RESTRICTED ACTIVITIES
10.1 In connection with your use of your MiniHero Wallet, you shall not:
10.1.1 Provide false, inaccurate or misleading information;
10.1.2 Use your MiniHero Wallet for any illegal activities;
10.1.3 Use your MiniHero Wallet in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the card system or a violation of card association or network rules; or
10.2 If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including the following:
10.2.1 We may suspend or restrict your access to and/or close your MiniHero Wallet;
10.2.2 We may terminate these Terms and Conditions and refuse to provide the services to you;
10.2.3 We may place a hold on your MiniHero Wallet Balance for up to 180 days if reasonably needed to protect against the risk of liability; or
10.2.4 We may take legal action against you.
10.3 If you are below 18 years old you must obtain consent from your parent(s) or legal guardian(s). By consenting to your acceptance of these Terms and Conditions, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the MiniHero Wallet; (ii) any charges associated with your use of any of the MiniHero Wallet; and (iii) your compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the MiniHero Wallet.
11.1 You agree that all risks arising from your use of the MiniHero Wallet will be borne by you.
11.2 We make no warranty that:
11.2.1 the MiniHero Wallet will meet your requirements;
11.2.2 the MiniHero Wallet services will be uninterrupted, timely or error free; or
11.2.3 any products, information or material purchased by you using the MiniHero Wallet will meet your requirements.
11.3 Except as expressly provided in these Terms and Conditions and to the fullest extent permitted by law, the MiniHero Wallet and related services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded.
11.4 To the fullest extent permitted by law, we and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the MiniHero Wallet and related services. In any event, our total aggregate liability to you under these Terms and Conditions or in relation to your use of the MiniHero Wallet will not exceed your MiniHero Wallet Balance at the point in time when such liability arose.
11.6 In the event that it is demonstrated that you are below the age of 18 when you agreed to these Terms and Conditions, we shall not be liable for any loss suffered by you arising out of the use of the MiniHero Wallet.
12.1 Notices from us
12.1.1 You agree that all notices or other communications from us are deemed to have been given to you if:
(i) communicated through any print or electronic media as we may select from time to time, will be deemed to be notified to you on the date of publication or broadcast; or
(ii) sent by post or left at your last known address, received by you on the day following such posting or on the day when it was so left.
12.2 Notices from you
You may only give notice to us in writing sent to our designated address or e-mail address (as may be amended from time to time), and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
12.3 Other modes of notifications
12.3.1 Notwithstanding Clauses 12.1 and 12.2, we may from time to time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
13 GENERAL TERMS
13.1 Cumulative rights and remedies
Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.
13.2 No waiver
Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.
If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.
13.4 Rights of third parties
A person or entity who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.
13.5 Governing law
Use of the MiniHero Wallet, and these Terms and Conditions shall be governed by and construed in accordance with Malaysian law and you hereby submit to the exclusive jurisdiction of the Malaysian courts.
13.6.1 If any dispute or claim arises from or in connection with these Terms and Conditions or your use of your MiniHero Wallet (“Dispute”), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
13.6.2 In any event and to the fullest extent permitted by applicable law, you may not make any claim against the Indemnitees under these Terms and Conditions after one year from the date of occurrence of the matter giving rise to the claim.
13.7 Injunctive relief
We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.
13.8 Correction of errors
Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
In the event that these Terms and Conditions is executed or translated in any language other than English ("Foreign Language Version"), to the extent allowed under law, the English language version of these Terms and Conditions shall govern and shall take precedence over the Foreign Language Version.
13.10 Entire agreement
These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
13.11 Binding and conclusive
You acknowledge and agree that any records (including records of any telephone conversations relating to the MiniHero Wallet, if any) maintained by us and/or our service providers relating to or in connection with the MiniHero Wallet shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
13.12 Sub-contracting and delegation
We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with MiniHero Wallet to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.
You may not assign your rights or transfer your obligations under these Terms and Conditions without our prior written consent. We may assign our rights or transfer our obligations under these Terms and Conditions to any third party at our sole discretion.
13.14 Force Majeure
We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of MiniHero Wallet if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
14 INQUIRIES OR COMPLAINTS
14.1 For further information, enquiries or complaint on the Service, you may contact us at https://www.Minihero.my/contact/
MINIHERO WALLET PRODUCT DISCLOSURE
The information provided in this disclosure sheet is valid as at 05 JUL 2019
1. What is this product about?
MiniHero Wallet (“the Wallet”) is a network-based e-money instrument that is accessible via the MiniHero Malaysia e-commerce platform or MiniHero Mobile Application for payment of purchases. MiniHero Wallet contains monetary value stored electronically in exchange of funds paid by MiniHero Wallet user (“you” or “user”) to MiniHero Wallet issuer (“IPay88 Malaysia Sdn. Bhd.“). MiniHero Wallet value will be deducted from the Wallet balance whenever purchases are made. MiniHero Wallet user must ensure that the Wallet is pre-loaded before making purchases and/or other transactions. MiniHero Wallet can only be used for payment of purchases made on MiniHero Malaysia e-commerce platform or MiniHero Mobile Application.
2. What are the fees and charges I have to pay?
There are currently no fees and charges imposed to use MiniHero Wallet.
3. What are the key terms of this product?
- The maximum wallet balance is RM4,999;
- The maximum transaction limit is RM2,999;
- The maximum amount of top ups to your MiniHero Wallet per calendar year (i.e. 1 Jan to 31 Dec) shall not exceed RM47,000 .
- Your MiniHero Wallet may also contain Refund coupons or Promo coupons. Both Refund coupons and Promo coupons are not legal tender, not considered as e-money, not transferrable and are subjected to the MiniHero Terms & Conditions.
- Withdrawal of MiniHero Wallet balance is not allowed unless upon closure of the Wallet.
- If you decide to close your MiniHero Wallet, you may do so by contacting our customer support team at https://www.Minihero.my/contact/ within the specified operating hour. Once the Wallet is closed, we will make the necessary arrangement to refund your Wallet balance. For details on refund process, please refer to https://www.Minihero.my/helpcenter/refunds
- If you have any question or request on MiniHero Wallet and its usage, you may contact our Customer Care team at https://www.Minihero.my/contact/
4. What are the major risks?
- To avoid your username and password from being exposed and compromised, please ensure that you keep your account name, password and device used for access to your MiniHero Wallet secure at all times and change your password on a regular basis.
- You must not disclose your username and password to any third party at all times.
- You must not allow your MiniHero Wallet be used or operated by any third party at all times.
- We will not be held liable for any loss (financial or non-financial) suffered by you due to your negligence.
- For any unauthorised access to or usage of your MiniHero Wallet, please do the following:
(i) Contact our Customer Care immediately to block your MiniHero Wallet. You may refer to our contact details provided at https://www.Minihero.my/contact/
(ii) Update your password immediately.
5. What do I need to do if there are changes to my contact information?
If you did not initiate changes to your contact information and you are concerned that an unauthorized party is making amendments to your account, it is important that you reach out to us to report this incident immediately.
Do note, that as part of our security measure, an unauthorized party will not be able to complete the changes to your account information (change of mobile, email or password) without the 6-digit verification code that will be sent to your current registered mobile number/email address with us. Therefore, please DO NOT share this 6-digit code with any third party and contact us to report any suspicious activity at https://www.Minihero.my/contact/
6. Where can I get further information?
If you have any inquiry, please refer to our Help Center at https://www.Minihero.my/helpcenter/ or our contact details at https://www.Minihero.my/contact/
Our operating hour:
Contact (Monday to Friday) and 9.00 am – 4.30 pm (except Public Holidays)
7. Other e-money products available?
Not available at the moment.
VOUCHER TERMS & CONDITIONS
The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes ("Vouchers").
1. Vouchers are only valid on the MiniHero website, mobile website or mobile applications (iOS & Android).
2. A valid code must be entered at the checkout page in order to redeem a Voucher.
3. Customers can only redeem up to one Voucher per day.
4. Customers can only use the Voucher for a one-time purchase only.
5. Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.
6. MiniHero reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances:
(a) suspicious or fraudulent purchasing activity or Voucher use;
(b) Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or
(c) Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)
7. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.
8. Additional terms and conditions may be specified in relation to specific Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those Vouchers in addition to these terms.
9. Use of Vouchers by resellers is not tolerated, and MiniHero reserves the right to cancel orders which are deemed to display reseller behavior.
10. Vouchers are not exchangeable for cash.
11. MiniHero will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:
(a) discontinued or cancelled Vouchers;
(b) improper use of, or inability to redeem, a Voucher; or
(c) the inability to redeem a Voucher due to technical issues.
12. MiniHero reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.
DIGITAL VOUCHERS & GIFT CARDS
2. Issuance of Digital Good(s)
2.1. When you buy a Digital Good(s), you will receive it via your provided email and/or via your MiniHero Wallet (as defined in the MiniHero Payment Account User Terms and Conditions).
2.2. If, for whatever reason, you fail to receive the Digital Good(s) in accordance with these Digital Goods Terms, MiniHero may at its sole and absolute discretion offer a voucher to you. Upon the acceptance of such voucher by you, you agree that you shall have no further claim against the Seller.
2.3. The Seller is the issuer of the Digital Good(s) but is not responsible for failure to issue as a result of any Platform or MiniHero Wallet failure. You acknowledge and agree that you shall not hold MiniHero responsible for any failure or error in the issuance of the Digital Good(s), whether as a result of Platform or MiniHero Wallet failure or otherwise.
2.4. You acknowledge that purchase and receipt of the Digital Goods(s) is subject to the issuance and availability of the Digital Good(s). In lieu of the Seller, MiniHero may be responsible for delivering the Digital Good(s), in which case MiniHero will use reasonable efforts to do so, within the lead-time as stated in the Product Details Page of the Digital Good(s).
3. Digital Good(s) – Loss, Theft, Used in Error or Used Prematurely
Once purchased, the Digital Good(s) is your responsibility and any Digital Good(s), including any accompanying QR code, barcode, PIN codes and/or serial number (each a "Code"), that are lost or stolen, used in error or used prematurely shall not be replaced.
4. Redeeming Digital Good(s)
4.1. Instructions on how to redeem Digital Good(s) may be made available on the Product Details Page.
4.2. You acknowledge that fulfilment of the Digital Good(s) is not guaranteed. It is subject to circumstances which may or may not be beyond the control of MiniHero, including but not limited to the availability of the Digital Good(s), or the failure of the Seller to procure the merchant's agreement to provide the relevant merchant's goods and services upon redemption of the Digital Good(s). You agree not to hold MiniHero liable for any errors, omissions, service interruptions, faults, defects, failure to conclude a redemption of the Digital Good(s).
4.3. Codes may be used to redeem products and/or services at the Seller's or the Seller-specified merchant's premises stated in the Product Details Page.
5. Your Obligations and Use of the Digital Good(s)
5.1. You acknowledge and agree that:
5.1.1. Digital Good(s) can only be redeemed within the period of time and the premises, where applicable, specified on the Product Details Page;
5.1.2. Digital Good(s) cannot be redeemed on certain black-out dates or promotion dates set by the Seller or MiniHero;
5.1.4. Digital Good(s) are offered to you on an “as is” basis, and unless otherwise specified in these Digital Goods Terms;
5.1.5. reproduction, sale, resale or trade of Digital Good(s) is prohibited, and any attempt to carry out any of these activities entitles MiniHero to void the Digital Good(s) at its option;
5.1.6. if the Digital Good(s) are redeemed for less than its face value, there is no entitlement to cashback, cash or new Digital Good(s) equal to the difference between the face value and the amount redeemed;
5.1.7. Digital Good(s) are redeemable in their entirety only and may not be redeemed incrementally;
5.1.8. it is at the discretion of the merchant to determine whether the Digital Good(s) may be combined with any other promotions, vouchers, third party certificates or coupons;
5.1.9. use or purchase of the Digital Good(s) constitutes acceptance of these Digital Goods Terms;
5.1.10. you are responsible for all information you submit, transmit or otherwise make available during the purchase or redemption of any Digital Good(s); and
5.1.11. to the fullest extent permitted by law, MiniHero expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Digital Good(s) or Code, without prejudice to any other provision in these Digital Goods Terms.
6. Refunds, Exchange and Cancellations
6.1. Any Digital Good(s) bought cannot be returned, refunded, transferred and/or cancelled after purchase, unless a refund and/or cancellation is permitted in accordance with Clause 6.6.
6.2. Issued Digital Good(s) cannot be exchanged for cash. Each Seller may have its own policy on the exchange of issued Digital Good(s).
6.3. Replacement of the Digital Good(s) may be allowed, at MiniHero’s sole and absolute discretion, if there is a systemic failure on the Seller or MiniHero’s part.
6.5. MiniHero reserves the right to cancel or reject the use of any Digital Good(s) at its sole and absolute discretion, including, without limitation, where it deems or suspects that any transaction is fraudulent.
6.6. Notwithstanding Clause 2.3, MiniHero may, at its sole and absolute discretion, permit a refund and/or cancellation of Digital Good(s), provided always that the Digital Good(s) have not expired.
7. Availability of Digital Good(s)
7.1. You acknowledge that purchase or redemption of Digital Good(s) are subject to resource availability, including, without limitation, availability of the Platform.
7.2. MiniHero does not make any representation, warranty or guarantee:
7.2.1. on the performance and capability of the Platform;
7.2.2. that the MiniHero Wallet and the Codes are appropriate and available for use at all times;
7.2.3. about the accuracy, reliability, suitability, completeness or timeliness of the MiniHero Wallet and/or the Codes;
7.2.4. about the quality, suitability, safety or ability of the Digital Good(s) issued by the Seller;
7.2.5. about the quality, suitability, safety or ability of the goods and/or services made available by the merchants; and/or
7.2.6. on the success of any redemption of the Digital Good(s).
7.3. You acknowledge and accept that MiniHero may suspend, terminate and/or discontinue the purchase or redemption of the Digital Good(s) at its sole and absolute discretion without prior notice and without any liability whatsoever to you.
8. Use and Disclosure of Data
8.2. Order issuance in relation to Digital Good(s) may be handled by a third party appointed by MiniHero, in which case you may receive direct communication of Digital Good(s) Codes from the third party.
9.3. MiniHero reserves the right to alter, modify, add to or otherwise vary these Digital Goods Terms from time to time, and in such manner as MiniHero deems appropriate without prior notice. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Digital Good(s) after such amendment, you shall be deemed to have accepted the amendments.
MINIHERO PAYMENT PROTECTION POLICY
(Updated as of October 2018)
1.1 Protection against Unauthorized Transactions.
MiniHero will provide you with compensation for Unauthorized Transactions (defined below), provided that you comply with the procedures set out within the Policy.
An "Unauthorized Transaction" occurs when, because of a fraudulent take-over of the MiniHero Account:
(a) transaction is made from the value stored within your MiniHero Wallet that you did not authorize and that did not benefit you;
(b) a transaction or Top Up to the MiniHero wallet is made from a credit or debit card saved in your MiniHero Account that you did not authorise and that did not benefit you; or
(c) a transaction or Top Up to the MiniHero wallet is made from the Direct Link account, that you did not authorise and that did not benefit you.
Notwithstanding the foregoing, you have an obligation to ensure the safety and security of your MiniHero Account. If you authorize someone to access your Wallet by providing them with your login information or otherwise, and they conduct transactions without your knowledge or permission, you shall be responsible for all consequences arising from such use.
1.2 Notify MiniHero
a. You should immediately notify MiniHero if you believe there has been an Unauthorized Transaction or unauthorized access to your MiniHero Account. To be eligible for compensation under this Policy, you must notify us within 60 days from the date an Unauthorized Transaction first appears in your account.
b. You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction. MiniHero will send you an e-mail through the-mail address you have provided to notify you of every transaction made in your account. You should check these transaction confirmation messages to ensure that each transaction has been authorized by you and the information in your account is accurate.
c. If an Unauthorized Transaction appears in your account, please contact MiniHero Customer Service through the contact us page (https://www.Minihero.my/contact). You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, in order for the investigation to begin. MiniHero will only initiate an investigation upon receipt of all information/documents.
1.3 Actions taken by MiniHero upon receipt of notification
a. Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following:
(a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction.
(b) MiniHero will complete the investigation within 2 working days from the date where all necessary information and/or documents were received by us.
(c) We will inform you of our decision once we complete the investigation.
b. If we determine that the Unauthorized Transaction is one which qualifies for MiniHero Payment Protection, we will credit the full amount of the Unauthorized Transaction to the respective sources as shown below:
c. If we determine that the Unauthorized Transaction is one that does not qualify for MiniHero Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.
1.4 Scope of protection
a. The following types of transactions are excluded from the scope of coverage of our MiniHero Payment Protection Policy:
(a) Disputes on genuine transactions, such as non-receipt of the item you have purchased;
(b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account;
(c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions;
(d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond MiniHero’s reasonable control;
(e) Where the Unauthorized Transaction took place as a result of any terminal or system (including MiniHero and IPay88) being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;
(f) ‘Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or
(g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.