Terms & Conditions

Terms & Conditions of Use

PrestoMall is an online marketplace and e-commerce platform, owned and operated by Presto Mall Sdn. Bhd. [Registration No. 201401037722 (1113867-K)] (hereinafter referred to as “Company”, “we”, “us” or “our”, as the context may require), that allows the sale and purchase of goods and/or services made available thereon. PrestoMall can be accessed via the web domain www.prestomall.com and the mobile application known as “Presto” (collectively, “Platform”).

Your use of the Platform (and the Company’s Services thereof) is governed by the following terms and conditions ("Terms and Conditions").

In this Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meaning:-

"Affiliates" means any entity directly or indirectly controlled by the Company or any parent company, affiliate or subsidiary thereof;
"Business Day" means a day on which the banks are open for business in Selangor, Malaysia, and excludes weekends or public holidays (whether scheduled or unscheduled, gazetted or ungazetted);
"Buyer" means a Member who purchases the Products on the Platform, subject to the Terms and Conditions;
"Buyer Grade" means a rating or grade accorded to each Buyer, based on specific criteria and according to the Buyer’s use of the Services in making purchases on the Platform, as more particularly described in Article 11;
"CERR Policy" means the terms and conditions designated and published on the Platform by the Company in relation to the cancellation, exchange, return and refund of Products;
"Company’s Services" or "Services" means services that are offered by the Company, whether on its own or through third-party service providers, on the Platform which may include, but not limited to, the payment gateway services, services relating to inventory management, logistic services etc.;
"Coupon" means electronic discount coupons which the Company may, at its sole discretion, issue to selected / identified Members, entitling such Members to a discount of fixed amount or rate on the purchase of a Product on the Platform, as more particularly described in Article 10;
"Credits" means electronic prepaid credits known as PrestoPay Credits which a Member can use as a means of payment on the Platform for full or part settlement of the purchase price of Products, as more particularly described in Article 9;
"Customer Service Centre" service designed by the Company to provide information, clarification towards enquiries and to address complaints made by a Member or any person in relation to the Platform;
"Intellectual Property Rights" means all copyright or intellectual property, and the rights coupled with the same, howsoever arising and in whatever media, whether or not registered, including but not limited to, confidential information, trade secrets, goodwill and reputation, patents, trademarks / service marks, trade names, registered designs and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world;
"Member" means a person who is registered either as a Buyer or Seller on the Platform and has agreed to be bound by the Terms and Conditions, the Seller Agreement and/or other Policies put in place by the Company with respect to the use of Platform;
"Order" means an offer to purchase Products placed by a Buyer on the Platform in accordance with the Terms and Conditions and/or Policies;
"Payment Protection Services" means the escrow payment services provided by the Company to help create a safe and reliable environment for Members to perform Transactions whereby any payment made by a Buyer for the purchase of Product is withheld by the Company and only released to the Seller upon confirmation that delivery of a Product has been made and such other appropriate criteria in order to protect the Buyer's interest;
"Points" means electronic rewards / points which a Member may earn under the Company’s loyalty and reward program, through any of the following means:-
  1. (a) by purchasing selected Products on the Platform;
  1. (b) by participating in selected Company’s promotions on the Platform;
  1. (c) as an existing membership benefit depending upon the Member’s existing rating; and / or
  1. (d) upon any upgrade of the Member’s rating;
"Policies" means, collectively:-
  1. (a) Privacy Policy;
  1. (b) CERR Policy; and
  1. (c) All and any other policies published on the Platform from time to time (for example, and not limited to, policies related to fraud actions, conducting off-site Transactions, feedback manipulations, and temporary or permanent suspension of Members);
"Presto App" means the mobile application known as “Presto”, powered by the Company’s Affiliate namely, Presto Technology Sdn Bhd;
"Presto App Account" means the account registered with the Presto App;
"PrestoConnect" means the payment checkout experience which consists of various payment methods such as eWallets, credit / debit cards, FPX, loyalty points and other payment options that may be offered by the Company’s Affiliate, Presto Pay Sdn Bhd;
"Privacy Policy" means the Company's policy relating to the collection, use, disclosure and management of personal data on the Platform;
"Products" means the goods and/or services made available by the Seller for sale on its Seller Store on the Platform;
"Seller" means a Member who is registered with a Seller Account and makes available Products for sale on the Platform, subject to the Seller Agreement, Terms and Conditions and/or Policies. For the avoidance of doubt, reference to “Seller” shall refer to one or more of the following:-
  1. (a) local business seller (with business / company registration documents) (“Local Seller”); or
  1. (b) global business seller (with business / company registration documents) (“Global Seller”);
"Seller Account" means the account which will be provided to the Sellers which offers access to the Sellers to manage the Seller Store and/or other functions and features as may be made available by the Company from time to time;
"Seller Agreement" means the general terms and conditions governing the Member’s usage of the Platform as a Seller, published by the Company on the Platform;
"Seller Store" means a virtual online store on the Platform which presents the list of Products made available by the Seller for sale; and
"Transaction" means a successful purchase transaction of the Products, for which all of the following steps have been completed:-
  1. (a) a Buyer places an Order and makes payment for the purchase of the Products from the Seller on the Platform;
  1. (b) the Seller successfully fulfils and delivers the Products to the Buyer (in the case of services or e-vouchers, delivery may be effected by way of physical delivery, email delivery or download of a coupon or voucher for such services); and
  1. (c) the Platform system updates and displays the status for that particular Transaction as having been completed.

Article 1 - Acceptance of Terms

  • 1.1 Scope of Terms and Conditions
    • 1.1.1 Apart from governing your access and use of the Platform, this Terms and Conditions also sets out your rights and obligations as a Member on the Platform.
    • 1.1.2 This Terms and Conditions is to be read together with the Policies and/or Seller Agreement, all of which collectively represents a legally binding agreement between you and the Company.
    • 1.1.3 The terms of the Policies are part of these Terms and Conditions by reference, and collectively represent a legally binding agreement between the Members and the Company. For the avoidance of doubt, in the event of any inconsistency, the terms and conditions in this Terms and Conditions shall prevail.
    • 1.1.4 For the avoidance of doubt, a general reference to Terms and Conditions herein shall where applicable includes the terms and conditions in the Policies.
  • 1.2 Use of Service and the Website
    • 1.2.1 The Company provides e-commerce facilities and Services via the Platform enabling the sale and purchase of Products between Members.
    • 1.2.2 By accessing, browsing and/or using the Platform, you are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.
    • 1.2.3 Please refrain from accessing and/or using our Services or the Platform if you are not agreeable to any of the Terms and Conditions.
    • 1.2.4 You agree to use the Platform at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that we may suffer therefrom.
  • 1.3 Use of Members Personal Data
    • 1.3.1 For a complete description of how the Company uses and protects a Member's personal data, you may refer to the Privacy Policy.
    • 1.3.2 By continuing to access the Platform and using the Services, you are deemed to accept the terms of the Privacy Policy. Please do not use our Services or the Platform if you object to your personal data being used in the ways described in the Privacy Policy.
  • 1.4. Amendment of Terms and Conditions and/or Policies
    • 1.4.1 The Company shall be entitled at any time and from time to time, to modify, amend or change the Terms and Conditions as appropriate and at our sole and absolute discretion. In such instance, the Company shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the Platform, and you shall be bound by such modified Terms and Conditions. As such, it is your responsibility to regularly visit the Platform, view the Terms and Conditions and Policies, and keep updated on any changes made to the Terms and Conditions.
    • 1.4.2 Please cease to use the Platform if you are not agreeable to any amendments or modifications of the Terms and Conditions and/or Policies. You agree to use the Platform and the Company’s Services at your own risk, and your use of the same following any amendment or modification of the Terms and Conditions and/or Policies constitutes your agreement and acceptance to be bound by the same.
    • 1.4.3 We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms and Conditions and/or Policies or your own failure to keep yourself updated on the modifications to the Terms and Conditions and/or Policies, and you irrevocably agree to hold us harmless or indemnify us from any losses that we may suffer therefrom.

Article 2 - Application and Registration as Member

  • 2.1 Membership Categories
    • Upon registration as a Member of the Platform, your membership of the Platform may fall under any one or more of the following categories:-
      1. (a) Buyer;
      2. (b) Local Seller; and / or
      3. (c) Global Seller,
      4. (collectively, “Membership”).
  • 2.2 Registration as Member (Buyer)
    • 2.2.1 Generally, browsing the Platform does not require for a Presto App Account to be registered. However, to ensure you have full and complete access to the features, functionalities and Services of the Platform, you are required to be registered as a Member on the Platform with a validated Presto App Account.
    • 2.2.2 Unless otherwise specified by the Company, registration as a Member is free.
    • 2.2.3 To register for a Presto App Account, it is necessary that you provide a valid mobile number and set up a secured password of your preferred combination of numbers, alphabets and symbols, subject to the terms and conditions and privacy notice as published on the Presto App with regards to the registration of a Presto App Account.
    • 2.2.4 By registering for a Presto App Account, you warrant you warrant and represent that you have attained eighteen (18) years of age or above. In the event that you are below eighteen (18) years of age, you shall obtain your parent or legal guardian’s consent. Your parent or legal guardian shall be responsible for your use of the Platform.
    • 2.2.5 The Company and/or its Affiliates have the right to restrict, suspend or terminate your access to or use of the Platform or the Services (or any part of the same) if in the sole and absolute opinion of the Company and/or its Affiliates, you are in breach of any of the Terms and Conditions.
    • 2.2.6 You warrant that all information provided as part of the registration process is accurate, current and complete at all times and you will immediately let us know if there are any changes to the same. You irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted to us by you.
    • 2.2.7 Your application for a Presto App Account may be rejected for the following reasons:-
      1. (a) where the Company or its Affiliates are not able to verify your identity with certainty;
      2. (b) where the data provided by you upon sign-up (for example, email address, telephone number, company/business registration number etc.) is identical to a membership account already registered with the Platform;
      3. (c) where you have provided false or inaccurate information or omitted to provide necessary information during the application process;
      4. (d) where you have applied for a new Presto App Account within one (1) month from the date of termination or cancellation of an earlier Presto App Account on the Platform;
      5. (e) where you have signed up as a Member under another Presto App Account, which is either temporarily or permanently suspended at the time of application for a new Presto App Account;
      6. (f) where you have breached any of the Terms and Conditions; and/or
      7. (g) any other reason as may be determined by the Company and/or its Affiliates.
      8. For the avoidance of doubt, the decision made by us or our Affiliates to reject your application for a Presto App Account cannot be contested.
  • 2.3 Registration of Member (Seller)
    • 2.3.1 To become a Seller, you must comply with the following requirements:-
      1. (a) if you are a company / registered business, you must be an incorporated legal entity or have a business registration number and are authorised under your constitution documents to conduct business with us in accordance with the laws of Malaysia;
      2. (b) for existing Member who intends to become a Seller on the Platform, you must also provide all such information and documents required to support the application, including but not limited to your company/business registration number, company incorporation documents and details of personnel handling the Presto App Account.
    • 2.3.2 For the avoidance of doubt, Articles 2.2.5, 2.2.6 and 2.2.7 shall also be applicable to this Article 2.3.
  • 2.4 Completion of Registration
    • 2.4.1 You will become a Member upon the successful completion of the registration process as determined by the Company and/or its Affiliates. The registration process may, where necessary, include identity verification by way of submission by you of certain documentary evidence and support materials as may be requested by the Company and/or its Affiliates.
    • 2.4.2 In order for us to identify you as our Member, you can submit for our review, a member identification name ("Member ID") which can be any letters, word, numbers or combination of the same. The Member ID shall be our method of identifying you as a Member on the Platform. Please note that we reserve the right not to approve any Member ID names that we feel are unsuitable or are not in accordance with this Terms and Conditions and/or our Policies.
    • 2.4.3 Where a Member is a company / registered business, only one (1) Member ID will be provided, subject to such conditions and authentication process as the Company and/or its Affiliates may impose.
    • 2.4.4 You are allowed to update your email address in your Presto App Account every six (6) months, save for any amendment of email address by any Seller which shall be manually requested and submitted to the Customer Service Centre, subject to the terms and conditions imposed by the Company.
  • 2.5 Protection of Account Details
    • 2.5.1 Each Member is responsible for maintaining the confidentiality of its own Presto App Account’s information, including the account password, and for all activity that occurs thereunder. You agree to notify us immediately should there be any unauthorized use of your Presto App Account or password or of any other breach of security. You may be held liable for losses incurred by the Company or by any other Member and/or Seller due to someone else using your Presto App Account.
    • 2.5.2 You may not use anyone else's Presto App Account at any time. We and/or our Affiliates have the right to disable any Presto App Account at any time in our sole and absolute discretion for any reason, including where you have breached any provision of these Terms and Conditions.
  • 2.6 Use of Services
    • 2.6.1 Unless expressly stated otherwise, your use of the Platform and the Services thereon as a Buyer will not attract additional charges or any hidden cost.
    • 2.6.2 However, certain Services or functions on the Platform which are designated for Sellers may require the payment of fees as further described in the Seller Agreement, Policies and/or other agreements as may be entered into between the Seller and the Company from time to time.
    • 2.6.3 Any fees imposed shall be charged, settled and/or otherwise dealt with in accordance with the terms of the Seller Agreement, Policies and/or any other agreement a Seller may enter into with the Company in respect of the same.
  • 2.7 Suspension and Termination of Membership
    • 2.7.1 Subject to Article 2.8, the Company shall be entitled to restrict your access to the Platform, Services and/or temporarily or permanently suspend the Services and/or your Presto App Account, terminate your Presto App Account and and/or take any such measures or actions that the Company deems necessary without prior notice to you if:-
      1. (a) you commit any prohibited conduct in violation of Article 4.1.;
      2. (b) where you have committed or are suspected to commit any wrongdoing/unlawful act or where you have committed or are suspected of breaching or are anticipated to breach any of these Terms and Conditions; and/or
      3. (c) there are any other reasonable grounds as may be determined by the Company at its sole and absolute discretion.
    • 2.7.2 Subject to Article 2.8, you may terminate your Membership at any time by contacting provided that all sale and purchase transactions of any Product that are currently in progress must be either be completed or cancelled.
    • 2.7.3 Termination of your membership, either in accordance with Article 2.7.1 or Article 2.7.2, will result in you losing:
      1. (a) all Credits and Points accumulated;
      2. (b) your shopping history; and
      3. (c) Buyer Grade.
      4. For the avoidance of doubt, you agree that any and all consequences arising from such termination shall be borne by you.
  • 2.8 Rights of Company upon Suspension / Termination of Membership
    • 2.8.1 Where your Membership is suspended or terminated by the Company for any reason whatsoever or where you voluntarily terminate your Membership (as the case may be), we reserve the right to:-
      1. (a) cancel and/or reverse any and all Transactions under your Presto App Account, including cancelling the delivery of any Product purchased and refunding all payments made for the same (where applicable);
      2. (b) cancel, forfeit or deduct Credits, Points and/or Coupons as may be available under your Presto App Account on the date of termination;
      3. (c) cancel, forfeit or deduct other benefits which may be provided to you as a Member;
      4. (d) disallow or restrict the use of all or part of the Services and/or the Platform;
      5. (e) deny or decline any new application for Membership and/or Presto App Account submitted by you within one (1) month from the date of termination;
      6. (f) disallow the use of your previous Member ID for any new Presto App Account applied for by you, at our sole and absolute discretion; and/or
      7. (g) claim for compensation or damages pursuant to Article 2.9. .
  • 2.9 Compensation for Losses

    Where, in using the Services and/or accessing the Platform, any of your actions cause any losses to the Company and/or its Affiliates, you shall be liable for and shall compensate the Company and/or its Affiliates for all costs and expenses incurred or suffered. In the event of any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold the Company and/or its Affiliates harmless at all times in respect thereof.

  • 2.10 Dormant Account

    The Company shall deem your Membership and/or Presto App Account to be dormant if you fail to log in to the Platform for a duration exceeding the term specified below:

    Type of Membership Duration
    Buyer 18 months
    Seller 12 months

    In the event that your Membership and/or Presto App Account is deemed dormant, the Company may place a restriction on the use of Services and/or Platform. In addition to the foregoing, if you are a Seller, the Company may further purge and remove your Product listings from your Seller Store on the Platform.

  • 2.11 Reactivation of Account

    In order for you to commence using the Services again, you will need to authenticate and verify your identity in accordance with such procedures as determined by the Company.

Article 3 - Relationship of Parties

  • 3.1 Role of Company
    • 3.1.1 The Company primarily operates, manages and provides the Platform for the purpose of enabling safe and reliable Transactions between Members, in their capacity as Buyers and Sellers.
    • 3.1.2 For the avoidance of doubt, if you make a purchase on the Platform, you are purchasing the Product from an independent Seller and not from the Company, unless we are specifically named as the seller on record.

Article 4 - Use of Platform and Services

  • 4.1 Compliance
    • 4.1.1 As a condition of your use of the Services and/or access to the Platform, you agree that:-
      1. (a) You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:
        1. (i) committing fraud, for example by making purchases on the Platform using another person's identity, credit card or bank account;
        2. (ii) distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities; or
        3. (iii) using the Services to promote and facilitate pyramid schemes;
      2. (b) You shall comply with these Terms and Conditions and our Policies.
      3. (c) You shall not upload, post, reproduce, encourage, promote or facilitate the use of any information, text, images, graphics, video clips, sound, directories, files, databases or listings made available via the Platform and the Services ("Contents"):
        1. (i) which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or
        2. (ii) which infringe or misappropriate the Intellectual Property Rights of the Company or other third parties.
      4. (d) You shall not copy, reproduce, compile, modify, distribute or resell any Services or Contents on the Platform, or otherwise exploit the same for commercial purposes.;
      5. (e) You shall not collect or post personal information about other Members or other third parties, including email addresses, without their consent;
      6. (f) You shall not use the Services, access the Platform or manipulate the Platform's system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:-
        1. (i) transferring your Presto App Account, Membership and Member ID to another party and/or allowing access by a third party to your Presto App Account, Membership and Member ID without our express written consent;
        2. (ii) directly entering into and completing any Transaction with another Member outside of the Platform and/or without using the Payment Protection Services (as described in Article 6) provided by the Company on the Platform ("Direct Dealing Transactions");
        3. (iii) exploiting or attempting to exploit any benefits provided by the Company, (including but not limited to discounts and/or Coupons) by signing up for multiple Presto App Accounts, Memberships and Member IDs and/or purchasing a Product with no intention to complete the same;
        4. (iv) manipulating the price of any item or interfering with other Members listings; or
        5. (v) taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Platform or using it for purposes unrelated to the Platform);
      7. (g) You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Services or the Platform or the Company's operations and/or business, including but not limited to:-
        1. (i) distributing viruses or any other technologies that may harm the Platform, or the interests or property of other Members;
        2. (ii) undertaking any action to undermine the integrity of, or gain access to, the Platform system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services ("System");
        3. (iii) monitoring data or traffic on the System or conducting crawling of the System without the Company's permission;
        4. (iv) engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or
        5. (v) engaging in any behaviour that may interfere with the proper functioning of the System, including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;
      8. (h) You shall conduct yourself in accordance with good public order and morals, and shall refrain from:-
        1. (i) persistently raising complaints without any reasonable grounds or justification;
        2. (ii) repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or
        3. (iii) engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.
    • 4.1.2 The Company may, without notice, delete postings or restrict or prohibit you from posting or using specific Services on the Platform, terminate your access to the Platform and the Services or take any other measures it deems fit on the occurrence of a breach of any of the conditions specified under Article 4.1.1 above.
    • 4.1.3 Please report to the Company should you be asked to enter into any Direct Dealing Transactions, as described in Article 4.1.1 (f) (ii) above. The Company shall not be responsible for any problems or issues suffered by any Member arising in relation to such direct dealing Transaction.
  • 4.2 Liability for Third Party Websites

    The Company shall have no liability whatsoever in the event the Company posts any information provided by its partners, or provides reference information or contents provided by a third party at the Platform or links on the Platform for your convenience, and you visit such third party sites at your own risk.

  • 4.3 Suspension of Services
    • 4.3.1 The Company may restrict or temporarily suspend the provision of all or part of the Services to you in the event such Services are unable to be provided due to:
      1. (a) maintenance work on the Platform and / or System;
      2. (b) the occurrence of power or communications outage;
      3. (c) technical problems on the part of our third party suppliers or partners;
      4. (d) the occurrence of a natural disaster, act of terrorism or other force majeure events; and/or
      5. (e) any other reason(s) that the Company may deem necessary for such suspension.
    • 4.3.2 Upon the suspension of the Services, the Company will post a notification on the Platform on the suspension of the Services as soon as reasonably practicable.
    • 4.3.3 The Company shall not be liable for any damages or losses that you or any third party may suffer or sustain as a result of any restriction or temporary suspension of any Services in accordance with the terms of these Terms and Conditions.

Article 5 - Sale and Purchase of Products

  • 5.1 No Representation
    • 5.1.1 The Company is not an agent for, and does not represent either a Buyer or a Seller, and has no authority to act on behalf of either party.
    • 5.1.2 Whether in your capacity as a Member or a Seller (as the case may be), you shall be solely and directly responsible for all liabilities related to transactions entered into between you and other Members and in relation to any information provided by you to other Members and vice versa.
  • 5.2 No Guarantee
    • 5.2.1 The Company does not control the behaviour of Members or the information provided by Members that is made available on the Platform. Consequently, we do not provide any guarantees with regard to the Transactions undertaken by Buyers and Sellers, and do not warrant:
      1. (a) the existence, quality, completeness, appropriateness, safety or legality of any Product;
      2. (b) the veracity of any intent to sell or purchase Product by a Buyer or Seller;
      3. (c) whether a Product infringes the rights of any other third party;
      4. (d) the truthfulness, accuracy or legality of any information posted by a Seller or a Buyer in respect of a Product; or
      5. (e) that all Transactions will be completed.
    • 5.2.2 Any liabilities and risks relating to Transactions undertaken between a Buyer and a Seller shall be borne by the relevant parties. As such, before proceeding with any transaction on the Platform, you must make your own independent assessment and determination regarding the statements, Product descriptions, the representations of the other party and the party's ability to pay for or deliver the Products offered and specific terms and conditions imposed by Sellers regarding refunds, exchanges and returns (if any).
    • 5.2.3 A minor, being a person below the age of 18, cannot purchase any Products without the consent of his parents or legal guardian. Any transaction entered into without such consent may be cancelled by the Company or the parents or legal guardian, as the case may be.
  • 5.3 Placing of Order
    • 5.3.1 If you, in the capacity of a Buyer, place an Order to purchase a Product on the Platform and the Order is accepted by the Seller, you are obligated to complete the Transaction with the Seller and to be bound by such additional terms and conditions specified by the Seller on the Seller Store on the Platform, unless:
      1. (a) the Transaction is prohibited by law or these Terms and Conditions;
      2. (b) the Seller materially changes the Product's description or the Product does not conform to the Seller's description; or
      3. (c) a manifest error exists in the Product listing information which materially affects the terms of the sale.
    • 5.3.2 An Order may be cancelled by a Buyer at any time before acceptance of the said Order by the Seller.
    • 5.3.3 The Platform will notify a Seller of all Orders made, and upon the Seller's acceptance of an Order, the status for the Transaction shall be reflected as "Preparing for Shipment".
    • 5.3.4 Where you have submitted an Order and made full payment for the same, if a Seller fails to confirm acceptance of the Order within such period of time as required under the Seller Agreement, you may request for the transaction to be cancelled and a refund issued pursuant to Article 8.
  • 5.4 Offer and Acceptance
    • 5.4.1 For the avoidance of doubt, any and all information on this Platform, including the prices and details, constitutes an invitation to treat (an invitation for a Buyer to make an offer to form a contract), and is not considered a binding offer.
    • 5.4.2 Where you place an Order and make payment for a Product on the Platform, you are actually making an offer to purchase the Products from the Seller, based on the information and description of the Product applicable at the time of purchase.
    • 5.4.3 While a Seller will make every effort to supply Products ordered, a Seller shall only be legally bound to do so when the Seller confirms acceptance of your offer via the Platform. An Order is deemed accepted and a binding contract is in place only when the status of an Order on the Platform is updated to "Preparing for Shipment".
    • 5.4.4 In the event of an electronic, computer, operational and/or technical error affecting details and pricing of a Product or any promotion on the Platform, we reserve the absolute right to rectify such error and/or cancel any Transaction which has been entered into in reliance on the said error.
    • 5.4.5 You agree and understand that your remedy as a Buyer in the event of any cancellation made pursuant to this Article 5.4 is the refund of the amount paid by you in respect of any such cancelled Transaction. Nothing in this Article shall entitle you to further or additional compensation, and you shall have no right to insist on the completion of the Transaction and/or delivery of the Products under the Order.
  • 5.5 Payment for Products
    • 5.5.1 Payment for Products purchased on the Platform can be made in accordance with the terms and conditions as stated on the Platform via the following methods:-
      1. (a) credit card;
      2. (b) debit card;
      3. (c) online banking;
      4. (d) eWallet, subject to such additional terms and conditions as may be imposed by the operator of the eWallet;
      5. (e) Credits;
      6. (f) BonusLink points, being points acquired under BonusLink loyalty programme managed and operated by Bonuskad Loyalty Sdn Bhd, which can be used for the redemption of products and services, subject to such additional terms and conditions as may be imposed by the operator;
      7. (g) PrestoConnect; and/or
      8. (h) other payment methods as introduced by the Company and/or its Affiliates,

      In the event of any cancellation or refund, the refund methods shall be dealt with in accordance with the CERR Policy.

    • 5.5.2 Payment for any purchase of Products on the Platform must be made no later than 3.00 a.m. every day. If payment is not completed within such time period, the said Order shall be automatically cancelled by the Platform system.
    • 5.5.3 When making payment, you must only use payment methods that are made available to you on the Platform, and shall not fraudulently use any means of payment under another party's name. Pursuant to the same, we reserve the right to take all such actions to review any payment Transactions and where deemed necessary, to suspend the processing of such Transactions until our investigations are complete. As a Buyer, you agree to be responsible for all damages and losses suffered or sustained by the Company, the owner of such payment methods and the Seller, which arise out of any fraudulent actions discovered under this Article.

Article 6 - Payment Protection Services

  • 6.1 Purpose and Mechanism
    • 6.1.1 The Company provides Payment Protection Services to help create a safe and reliable environment for Members to undertake Transactions. The Payment Protection Services apply to all Products purchased on the Platform and is a free service, unless expressly stated otherwise on the Platform.
    • 6.1.2 Under the Payment Protection Services, if you have purchased any Product and completed full payment for the same but:
      1. (a) have not received the Product within the time period stated by the Seller in the Product listing page and/or Seller Store; or
      2. (b) have received a Product which is defective, significantly not as described or does not materially conform to the product details as stated on the Product listing page and/or Seller Store;
      you may contact the Company, and we shall, upon the appropriate investigations being made, refund the payment made by you for the Product.
  • 6.2 Cessation of Payment Protection Services
    • 6.2.1 Please note that you are entitled to buyer protection under the Payment Protection Services only until the Product purchased is successfully delivered and accepted by you, which for the purpose of this Article 6, shall be at any point of time before the status of a Transaction changes to “Purchase Confirmed” on the Platform (“Purchase Confirmation”).
    • 6.2.2 Purchase Confirmation can be effected either by way of:-
      1. (a) Purchase Confirmation by Buyer. You may confirm your purchase by accessing the "My Page" area on the Platform, and click on the "Purchase Confirmed" button; or
      2. (b) Automatic Purchase Confirmation by System. Where you do not take active steps to confirm receipt of the Product in the manner set out in Article 6.2.2, and where you have not taken any active steps to return the Product received or request for an exchange, you are deemed to have effected Purchase Confirmation upon the expiry of the following time periods:
      3. Seller Type Delivery Method Time Period for Automatic Purchase Confirmation
        1. Local Seller via courier company - trackable via the Platform system 7 days from "Shipping Complete" date
        2. Local Seller via courier company non-trackable via the Platform system 21 days from "Shipping in Progress" date
        3. Local Seller direct delivery (using Seller's own transport) 21 days from "Shipping in Progress" date
        4. Global Seller via courier company trackable via the Platform system 7 days from "Shipping Complete" date
        5. Global Seller via courier company/other delivery method non-trackable via the Platform system 30 days from "Shipping in Progress" date
    • 6.2.3 Once the status of a Transaction is changed to Purchase Confirmed on the Platform, protection for the said Transaction under the Payment Protection Services will no longer be available to you, and your payment for the Product will be released to the Seller in accordance with our standard practice and Policies.
    • 6.2.4 Please note that any request for cancellation and refund of the Order after the cessation of the Payment Protection Services shall be made directly to the Seller, subject to the Seller's approval and such terms and conditions as the Seller may impose.
  • 6.3 No Representation
    • The provision of Payment Protection Services by the Company does not make the Company a representative of a Seller or a Buyer, nor does it mean that the Company is acting as a proxy for any Buyer or Seller in performing their obligations in connection with any Transaction.

Article 7 - Delivery of Products

  • 7.1 Proper Delivery Address
    • 7.1.1 Delivery of the Products shall be made to the address specified by you in your Order.
    • 7.1.2 You agree to bear the risk for any Products wrongly delivered due to incorrect details provided by you.
  • 7.2 Failure to Deliver by Seller
    • 7.2.1 Where you have submitted an Order and made full payment for the same, but the Seller fails to deliver the Product within the period specified on the Product page without any proper, reasonable and acceptable justification, you may request for the Transaction to be cancelled.
    • 7.2.2 In such instance, the Company will refund any payment made by you in accordance with the CERR Policy in force at such time.

Article 8 - Cancellation, Returns, Exchange and Refunds

  • 8.1 Please refer to the CERR Policy for further information in relation to the obligations of a Seller or Buyer in respect of cancellation, exchange, returns and refunds of Products.
  • 8.2 For the avoidance of doubt, the CERR Policy shall be read together with the Seller Agreement, these Terms and Conditions and such other Policies in force from time to time.

Article 9 - Credits and Points

  • 9.1 Credits
    • 9.1.1 One (1) Credit is equivalent to RM1.00 (or any other amount as may be determined by the Company) in cash. Credits cannot be exchanged for cash.
    • 9.1.2 You may earn Credits by purchasing selected Products or participating in selected Company promotions. The Company may also issue Credits to you pursuant to special promotions or for any other reason at the Company's discretion.
    • 9.1.3 You shall use any Credit received only in the manner specified by the Company on the Platform and/or as specifically made known to you via email or mobile communications.
    • 9.1.4 The validity period of Credits shall be for such term as the Company may specify on the Platform. Although you may be notified by email prior to the expiry date of any Credit, it remains your responsibility to track the validity period of your Credits via your Member account on the Platform.
    • 9.1.5 Upon expiry of the validity period, any Credits you have shall be cancelled and removed from your Presto App Account and/or Membership on the Platform.
    • 9.1.6 Where you obtain Credits through the purchase of Products, the Company shall reserve the right to cancel any Credits issued where the purchase is subsequently cancelled. In addition, the Company shall have the right to cancel any Credits issued if you are found or are suspected to have breached these Terms and Conditions and/or any other Policies.
    • 9.1.7 Where the cancellation of Credits pursuant to Article 9.1.5 or Article 9.1.6 causes a negative balance of Credits in your Presto App Account, the Company may treat such Credits as owing by you, and may recover the same by setting off the outstanding Credit amount against Credits acquired by you in the future.
    • 9.1.9. The Company will not entertain any requests for the reissuance of expired or cancelled Credits.
  • 9.2 Points
    • 9.2.1 Points can be used to redeem Credits or Coupons, which can then be used as a means of payment at the Platform for full or part settlement of the purchase price of Products. Points cannot be exchanged for cash.
    • 9.2.2 You shall use any Points received only in the manner specified by the Company on the Platform and/or as specifically made known to you via email or mobile communications.
    • 9.2.3 The validity period of Points shall be for such term as the Company may specify on the Platform. It shall be your responsibility to track the validity period of the Points via your Presto App Account on the Platform.
    • 9.2.5 Upon expiry of the validity period, any Points you have shall be cancelled and removed from your Presto App Account.
    • 9.2.6 Where you obtain Points through the purchase of Products, the Company shall reserve the right to cancel any Points accumulated where the purchase is subsequently cancelled. In addition, the Company shall have the right to cancel any Points issued if you are found or are suspected to have breached these Terms and Conditions and/or any other Policies.
    • 9.2.7 The Company shall not entertain any request for the reissuance of expired or cancelled Points.

Article 10 - Coupons

  • 10.1 Issuance and Use
    • 10.1.1 You are only entitled to use a Coupon for your own purchases and the Coupon shall not be sold or transferred to any other person.
    • 10.1.2 Use of a Coupon may be restricted and only be applicable for certain Products in certain categories or subject to a minimum or stated amount/value of purchases. Coupons may not be used after the respective expiry date. Coupons are not reusable in the event a refund is made due to cancellation or the return of a Product.
  • 10.2 Coupon Types
    • The type of Coupons and discount entitlement on purchases are as follows::
      1. (a) Bonus Coupon discount applicable for one (1) Product purchased only. For example:
        1. (i) purchase two (2) or more units of Product X, discount applies only to the first unit of Product X;
        2. (ii) purchase one (1) unit of Product X and one (1) unit of Product Y, discount applies to either Product X or Product Y, but not to both Products.
      2. (b) Shopping Cart Coupon discount is applicable for total order amount (excluding add-on items, shipping fee and E-Voucher Shopping and Mobile Top-Up categories);
      3. (c) Shipping Fee Coupon discount is applicable for shipping fee for one (1) shipment i.e. one (1) coupon per shipment;
      4. (d) Store Cart Coupon discount is applicable for total order amount of specific Products from a specific Seller Store (excluding add-on items, shipping fee and E-Voucher Shopping and Mobile Top-Up categories); and
      5. (e) other types of Coupons, as the Company may issue from time to time, subject to the discount entitlement and specific conditions as the Company shall decide.
  • 10.3 Cancellation of Coupon
    • 10.3.1 If your Order is cancelled, your Coupon will be automatically reissued provided that the cancellation occurs within the Coupon validity period.
    • 10.3.2 The reissued Coupon will be valid for the remainder of the original validity period and the Company will not entertain any request for extension of the validity period for the reissued Coupon. It shall be your responsibility to track the validity period of the Coupons and no request for reissue or extension of validity period of expired Coupons will be entertained.
    • 10.3.3 Notwithstanding the aforementioned, the Company reserves the right to cancel a Coupon and/or amend the terms and conditions applicable for Coupons at its sole and absolute discretion.
  • Article 11 - Buyer Grade

    • 11.1 Determination of Buyer Grade
      • 11.1.1 A Buyer shall be entitled to certain benefits as listed on the Buyer's Presto App Account, under the My Page section of the Platform depending on the Buyer Grade.
      • 11.1.2 The Company has sole and absolute discretion to determine your Buyer Grade for any particular period in accordance with such criteria as the Company shall decide.
      • 11.1.3 The Company reserves the right at all times to:-
        1. (a) change your Buyer Grade; and
        2. (b) cancel any benefits received under such Buyer Grade;
        3. where you have breached any of the Terms and Conditions or where the Company deems, at its discretion, that such action is necessary.
    • 11.2 No Guarantee of Financial Status

      Your Buyer Grade in no way guarantees your creditworthiness nor is it any indication of your financial status.

    • 11.3 Review of Buyer Grade
      • 11.3.1 Where you believe that you may have been accorded a wrong Buyer Grade, then you may request for a reassessment of the same, which shall be subject to the criteria referred to in Article 11.1.1 above.
      • 11.3.2 Any follow up action taken will be at the Company's sole and absolute discretion.

    Article 12 - Feedback and Review System

    • 12.1 Submission of Feedback
      • 12.1.1 Upon purchasing a Product, you may submit your review of such Product via the feedback and review mechanism provided on the Platform, which can be in the form of writing, image and/or video clip. Your feedback on the level of satisfaction with the Product as well as experience with the Seller will contribute to the Seller's rating on the Platform.
      • 12.1.2 If you submit or post a review of a Product, such review shall be made publicly available. You shall be solely responsible for your review and the Company is not responsible to ascertain whether any opinion expressed is true. As such, you should ensure that any review posted is fair and not unlawful.
    • 12.2 Right to Remove Feedback

      Notwithstanding the aforementioned, if the Company is of the view that your published review of the Product is not appropriate for public disclosure or is defamatory or likely to violate the law or breach these Terms and Conditions, the Company shall be entitled to delete such review at its sole and absolute discretion and without notice to you.

    Article 13 - Disputes between Buyer and Seller

    • 13.1 Discussions in Good Faith

      In case of any disputes relating to the purchase and sale of the Products on the Platform between you and another Member (collectively referred to as "Disputing Parties"), you shall first attempt to resolve the dispute with such Member ("Dispute") in good faith.

    • 13.2 Referral of Dispute to Company
      • 13.2.1 Where the Disputing Parties cannot resolve their Dispute pursuant to Article 13.1 within any time periods prescribed in these Terms and Conditions and/or the Seller Agreement, either you or the other Member may submit such Dispute to the Company for a final determination and resolution.
      • 13.2.2 You agree that the Company shall have the full power, authority and discretion to make a final decision for such Dispute.
    • 13.3 Decision by Company
      • 13.3.1 The Company shall review the evidence received from the Disputing Parties, and shall issue its final decision in respect of the Dispute ("Decision"), taking into consideration commonly accepted principles and practices in the relevant industries and the interests of the both Disputing Parties.
      • 13.3.2 You agree to abide by and be bound by the Decision and in furtherance of the same, and you expressly acknowledge and agree that the Company shall be entitled to, in relation to the Dispute and the Decision:
        1. (a) cancel any Transaction on the Platform;
        2. (b) release any funds held under the Payment Protection Services to either of the Disputing Parties (as applicable);
        3. (c) temporarily or permanently suspend either or both of the Disputing Parties' Memberships on the Platform;
        4. (d) temporarily or permanently remove listings of a particular Product from the Platform;
        5. (e) require the removal of or the Company, of its own accord, may remove any unlawful content from a Seller Store on the Platform;
        6. (f) revise the rating for either or both of the Disputing Parties' Memberships on the Website;
        7. (g) cancel any Coupons, Credits and/or Points issued; and
        8. (h) carry out all such other actions deemed necessary to ensure the Decision is enforced fairly and reasonably.
      • 13.3.3 Notwithstanding the aforementioned clauses, you acknowledge that the Company is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. The Company does not act as the agent of either of the Disputing Parties, but acts as facilitator for dispute resolution. Consequently, you agree not to hold the Company liable and shall waive any claim you may have against the Company in respect of the Decision and the Dispute.

    Article 14 - Intellectual Property Rights

    • 14.1 Site Contents. The Company is the sole owner or lawful licensee of all the rights and interests in the Platform and its contents ("Site Contents"). All title, ownership and Intellectual Property Rights in the Platform and Site Contents shall remain with the Company, our affiliates or licensors of the Site Contents, as the case may be. All rights not otherwise claimed under these Terms and Conditions or by the Company are hereby reserved.
    • 14.2 Trademarks. "PrestoMall", "FLASH SALE", "FIND WHAT YOU LOVE" and related icons and logos are registered trademarks or trademarks or service marks owned or licensed by the Company and are protected under applicable copyright, trademark and other proprietary rights laws. You are strictly prohibited from undertaking any unauthorised copying, modification, use or publication of these marks.
    • 14.3 Infringements. Any person may protect their rights by contacting the Company in the event their copyright or other intellectual property has been infringed or violated on the Platform by any person. Pursuant to the same, the Company may at its sole and absolute discretion take down the Product listing, information, specification and/or photograph complained of and suspend sales of the corresponding Products until such time that the Company at its sole and absolute discretion deems that evidence provided is sufficient to prove that the complaints and/or that the alleged claims are invalid.
    • 14.4 Compliance. You shall ensure that all content including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by you on the Website do not infringe or violate trade mark rights, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and/or circuit layout rights and all various other Intellectual Property Rights. You shall also ensure that the use of such Intellectual Property Rights is with the prior, approval or consent of Intellectual Property Rights owner or intellectual Property Rights subsisting in any part of the world belonging to third parties.
    • 14.5 Ownership of Photographs or Videos of Products Arranged by the Company. For the avoidance of doubt, the Intellectual Property Rights in any photographs or videos of Products which are arranged by and/or taken by the Company as part of any additional support under the Services shall vest in the Company.
    • 14.6 Affiliates. In order to boost sales, information regarding Products displayed for sale by any Member on the Platform may be disclosed to the Company's affiliated third parties, including websites and blogs owned by and / or affiliated to such third party, and any such disclosure shall be subject to the Seller Agreement and the Terms and Conditions.
    • 14.7 Indemnity. You shall indemnify and hold harmless the Company and its directors and employees from all actions, claims and demands which may be instituted or made against you arising from your use of Intellectual Property Rights or violation of any applicable intellectual property laws.
    • 14.8 Claims from a Third Party. Where you have received claims from a third party that your postings made on the Website infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, you shall to the furthest extent possible exempt and not involve the Company, its directors and employees, and the Website from and in such claims.
    • 14.9 Complaints. You shall notify the Company as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to the Company, its directors and employees and / or the Platform arising from your use of any Intellectual Property Rights must shall be fully compensated by you.
    • 14.10 Usage. If you post content or submit material to the Platform, and unless the Company indicates otherwise, you are deemed to have a granted the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

    Article 15 - Customs Regulations and Inspections

    • 15.1 If you are buying Products on the Platform which are located in another country, kindly note that you shall be considered as the importer on record. As such, you must comply with all applicable importation laws and regulations when buying such Products, and you should ensure that the Product purchased can be lawfully imported into Malaysia before purchasing the same.
    • 15.2 Purchases of Products from overseas may be subject to payment of import duties and taxes, which are levied once the Product reaches Malaysia. As a general principle, additional charges for customs clearance shall be borne by the Seller.

    Article 16 - Liability and Indemnity

    • 16.1 In the event of a dispute between you and a Member in relation to Products purchased on the Platform, you shall release the Company from all claims, demands and damages, actual and consequential, of every kind and nature, known and unknown arising out of or in any way connected with such dispute.
    • 16.2 The Company does not guarantee the quality, safety or legality of the Products, the truth or accuracy of the content or listings of Sellers and other Members on the Platform or that a Member will actually complete a particular Transaction.
    • 16.3 The Company cannot and does not guarantee continuous or secured access to the Platform and its services, and operation of the Platform may be affected by numerous factors outside of the Company's control.
    • 16.4 All materials, information, software, products, services and other content contained on the Platform or from a linked site, is provided to you on "as is" basis and without warranty or conditions of any kind, express or whether implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
    • 16.5 The Company assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Platform and under no circumstances will the Company be liable for any loss or damage by your reliance on information obtained through the Platform. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of the Platform is solely at your own risk.
    • 16.6 The Company shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury or expense, howsoever arising, out of or in connection with the supply or use of the Products. Under no circumstances will the Company be liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on claims of a Member or whether in action for contract, breach of warranty, tort or otherwise.
    • 16.7 THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS PLATFORM. SPECIFICALLY, YOU AGREE THAT THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. SPECIFICALLY, YOU ALSO AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND / OR INCLUDED IN THIS PLATFORM BY ANY THIRD PARTY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT PRODUCTS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) NEGLIGENCE, (6) AND ANY THEORY OF LIABILITY, OUT OF OR IN ARISING CONNECTION WITH THE USE OF, INABILITY OR TO USE THIS WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • 16.8 You hereby indemnify and hold the Company, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys' fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of your breach of this Terms and Conditions, Seller Agreement and/or the Policies (as the case may be), or your violation of any law or the rights of a third party.

    Article 17 No Warranties

    • 17.1 You will not hold the Company responsible for other Members' content, actions or inactions, or Products listed by Members, including the Content they post.
    • 17.2 You understand and agree that Transactions between you and Members on the Platform are deemed to be private contractual arrangements between you and such Members, and the Company is not a party to, and does not represent the Members or you in such transactions. The Company is only responsible for operating and managing the Platform and making reasonable efforts in order to maintain efficient Services on the Platform.
    • 17.3 The Company has no control over and does not guarantee the quality, safety or legality of Products advertised, the truth or accuracy of Members' content or listings, the ability of any Member to sell or purchase Products or that any Transaction will be successfully completed.
    • 17.4 The Company does not transfer legal ownership of Products from a Seller to a Buyer. Unless a Buyer and Seller agrees otherwise, Buyer will become the Product's lawful owner upon physical receipt of the Product from Seller.
    • 17.5 The Company cannot guarantee continuous or secured access to the Services and the Platform, and operation of the Platform may be interfered with by numerous factors outside of the Company's control.
    • 17.6 If a you have a dispute with one or more Members, you hereby release the Company, and our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature , known and unknown, arising out of or in any way connected with such disputes.
    • 17.7 Accordingly, to the extent that is legally permitted, the Company excludes all implied warranties, terms and conditions. The Company is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website and Services.
    • 17.8 ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE PLATFORM, OR FROM A LINKED SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR WHETHER IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS PLATFORM; HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS WHATSOEVER IN THE INFORMATION PROVIDED IN THIS PLATFORM. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE TO THE MEMBERS CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS PLATFORM. IT IS THE MEMBERS' RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS PLATFORM IS SOLELY AT YOUR OWN RISK.

    Article 18 - Access and Interference

    • 18.1 The Platform contains robot exclusion headers. Most of the information on the Platform is updated on a real time basis and is proprietary or is licensed to the Company by the Members or third parties. You agree not to use any robot, spider, scraper or other automated means to access the Platform for any purpose without the prior written permission from the Company.
    • 18.2 Additionally, you agree that you will not:-
      1. (a) take any action that imposes or may impose, in the Company's sole and absolute discretion, an unreasonable or disproportionately large load on the Platform's infrastructure;
      2. (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for your own information and reference, from the Platform without the prior written permission of the Company;
      3. (c) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; or
      4. (d) bypass the Company robot exclusion headers or any other measures we may use to prevent or restrict access to the Platform.

    Article 19 Linking Your Account with Presto App Account

    • 19.1 Unlinking of Accounts. In the event that you decide to unlink both your Membership and Presto App Account, you may contact the Company for such unlinking of accounts.
    • 19.2 Terms and Conditions. You agree to be bound by these Terms and Conditions and Presto App's terms of use in respect of such linkage of your Membership and Presto App Account.
    • 19.3 Application. For the avoidance of doubt, this Article 19 only applies if you have previously linked your Membership to Presto App Account.

    Article 20 - General

    • 20.1 Governing Law. These Terms and Conditions shall be governed by the laws of Malaysia. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions and/or the Seller Agreement and/or the Policies will be referred to and finally settled by a court of competent jurisdiction of Malaysia.
    • 20.2 Notices. Unless specified otherwise in these Terms and Conditions or by the Company, any notice, request, demand or other communication to the Company under these Terms and Conditions shall be given or made in writing and delivered personally or sent by prepaid registered post to the following address:-
      Presto Mall Sdn. Bhd.,
      Unit C-2-01, Level 2, Capital 3, Oasis Square
      No. 2, Jalan PJU 1A/7A, Ara Damansara
      47301 Petaling Jaya
      Selangor Darul Ehsan, Malaysia.
    • All notices to you shall be effective if either delivered personally, by courier, email or where applicable, on the Platform. All agreements, notices and other communications that the Company sends to you electronically satisfies the legal requirement for communication to be in writing.
    • 20.3 No Assignment. The Company shall have the right to assign and/or novate the Terms and Conditions or any part of the same to any person or entity, by providing written notice to you which will be posted on the Platform, and you hereby irrevocably agree and consent to any such assignment and/or novation. You may not assign, in whole or part, any of these Terms and Conditions to any person or entity.
    • 20.4 Force Majeure. Neither party shall be liable for any failure to perform any of its obligations under these Terms and Conditions if the performance is prevented, hindered or delayed by strikes, industrial disputes, fire, floods, acts of any government, riots, war, national emergency, Act of God, impediment by government laws, rules, regulations or orders or other events of force majeure and in such case its obligations shall be suspended for so long as such event continues.
    • 20.5 Severability. If any provision of these Terms and Conditions, the Seller Agreement and/or the Policies is found to be illegal, void or unenforceable under the law, the remaining portion of the Terms and Conditions, Seller Agreement and/or Policies shall continue in force save that such provision shall be deemed severed with effect from the date of such decision or such earlier date as Company may decide.
    • 20.6 Waiver. A failure by the Company to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times

Privacy Policy

Privacy Policy

Presto Mall Sdn. Bhd. [Registration No. 201401037722 (1113867-K)] and its affiliates ("Company"), may take your personal information when you communicate with us either by log in to our website or contact to our customer service and the information that we collected from you may be used and will be kept confidential. In order to protect your private information, we have established this Privacy Policy (the "Policy") in accordance with best practices in the industry and applicable laws and regulations. This Policy describes how we handle your personal information for our services on the PrestoMall.com website and its related sites, services and tools (the "Website").

By accepting the Policy, Terms & Conditions and the Seller Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Policy.

Collection of Personal Information

You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us.

We may collect and store the following personal information:

  • email address, physical contact information, the date of birth and gender information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
  • transactional information based on your activities on the Website;
  • postage, billing and other information you provide to purchase or dispatch an item;
  • community discussions, chats, dispute resolution, correspondence through our Website, and correspondence sent to us;
  • other information from your interaction with our Website, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the Website, ad data, IP address and standard web log information;
  • additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);
  • information from other companies, such as demographic and navigation data; and
  • other supplemental information from third parties (for example, if you incur a debt to the Company, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).

All personal data shall be provided by you voluntarily unless where it is indicated as mandatory. Where the personal data is mandatory to be provided, failure to provide such information may result in Company not being able to process your request.

Marketing

We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalise our services, content and advertising. If you don't wish to receive marketing communications from us or participate in our ad-customisation programmes, simply indicate your preferences in My Page or by following the directions provided with the communication or advertisement.

Use

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient and customized experience. You agree that we may use your personal information to:

  • Provide the services and customer support at your request, including but not limited to linking your account with Presto App Account;
  • Resolve disputes, collect fees, and troubleshoot problems;
  • Prevent potentially prohibited or illegal activities, and enforce our User Agreement;
  • Customize, measure and improve our services, content and advertising;
  • Tell you about our services and those of our corporate family;
  • Send you targeted marketing, service updates, and promotional offers; and
  • Compare information for accuracy, and verify it with third parties.
  • Provide aggregate information to our partners about our users (e.g. 500 men under age 30 have viewed this item) without disclosing information about identifiable individuals.

For the purpose of this Policy, the term Presto App Account shall refer to the mobile application of Presto App operated by Presto Pay Sdn. Bhd. (Company No. 795818-U), that list amongst others, your personal information as may be stored by you, subject always to the prevailing privacy policy of Presto Pay Sdn. Bhd.

Denial of Collection

You may withdraw your consent to our collection of your personal data and/or information at any time by notifying us or call our customer service. In that event, we will not be able to identify you and provide you with a safe, smooth, efficient and customized experience while using our site. Although you can browse through most of our sites without giving any information about yourself, in some cases, personal information is required in order to provide the Services you request.

Our Disclosure of Your Information

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

Share of Your Information

We may share your personal information, within or outside Malaysia, with:

  • Third-party service providers under contract who help with our business operations: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links(including paid listings and links), processing credit card payments, investigating frauds and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
  • Third parties giving promotional offers: Sometimes we send offers to selected groups our users on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust communication preferences in My Page.
  • Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service) or where you have agreed to link your account with your Presto App Account or utilising a specific service as may be offered by the Company.
  • Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, postal code, telephone number, email address, User ID history, IP address, fraud complaints, and purchasing and listing history;
  • Brand Protection Program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, postal code,country, phone number, email address and company name; and
  • Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this Policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)

For the avoidance of doubt, If Company has reasonable grounds to believe that any User is in breach of any of the terms of this Policy, Company reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, Company may disclose the User's identify and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Company is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Company shall not be liable for damages or results arising from such disclosure, and the User(s) agrees not to bring action or claim against Company for such disclosure.

Using Information from this Website

We enable you to share personal information to complete transactions. When users are involved in a transaction, they may have access to each other's name, user ID, email address and other contact and postage information. In all cases, you must comply with data protection laws, and give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.

You agree to use user information only for:

  • fulfillment of the transaction through this website and purposes related to the transaction;
  • using services offered through this website (e.g. escrow, postage and fraud complaints); or
  • other purposes that a user expressly chooses.

Cookies

We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyse our web page flow; customise our services, content and advertising; measure promotional effectiveness, and promote trust and safety.

A few important things you should know about cookies that are:

  • We offer certain features that are available only through the use of cookies.
  • We use cookies to help identify you and maintain your signed-in status.
  • Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.
  • You are always free to decline our cookies if your browser permits, although doing so may affect with your use of some of our sites or services.
  • You may encounter cookies from third parties on certain pages of the Website that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)

Account Protection

Your password is the key to your account. Use unique numbers and letters and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

We will never ask for your password by phone or e-mail, so if you receive such an inquiry, please report the incident to the Security & Resolution Center or the Personal Information Manager.

If you access our Website from a shared computer or a computer in an internet cafe, a PC room or a library, certain information about you, such as your user ID, activity or reminders from the Website, may also be visible to other individuals who use the computer after you. To protect your personal information or communication from being disclosed to others, you should log out and close the web browser after using our Website.

Accessing, Reviewing, Changing and Retaining Your Personal Information

You can see, review and change most of your personal information by signing on to the Website. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or becomes inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request to the customer service, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement, and take other actions otherwise permitted by law. Otherwise, your personal information will be destroyed by us once we confirm there is no use for it. If you would like to obtain further information on limiting the processing of your personal information, kindly email us at hello@PrestoMall.com.

Security

Your information is stored on our servers located in the Malaysia. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorised access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Third Parties

Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are buyers or sellers on our Website or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions and to review their privacy policies before you disclose your personal information to others.

Consent

By continuing to use Website, you consent to the processing of your personal data in accordance with the Privacy Policy Policy, Terms & Conditions and Seller Agreement by Company.

Changes to the Privacy Policy

Presto Mall Company reserves the right to modify and change the Privacy Policy Policy at any time. Any changes to this policy will be published on our website. You should check this Policy each time you access our website so as to be aware of the most recent applicable version of the Policy.