Terms and Conditions
Welcome to the TM Rewards e-Store website ("Website"), a site owned by Telekom Malaysia Berhad (“TM”).
The following terms and conditions ("Terms and Conditions") apply to your access and use of this Website and the services provided herein by TM and/or on its behalf. By accessing any page of this Website and/or using the services, you agree to be bound by these Terms and Conditions without limitation or qualification. Please read these Terms and Conditions carefully. As a user of this website (referred to as "you/your"), you may only place an order for products or services if you agree to these terms and conditions. If you do not agree these terms and conditions then you must not place any order. By placing an order you are deemed to have accepted these terms and conditions as governing your order.
If you do not accept these Terms and Conditions, please discontinue your access to this Website and/or use of the services immediately.
1.0 GENERAL
All products and services of the TM Rewards e-Store are subject to the applicable terms and conditions governing the products and/or services. Please check the applicable terms and conditions of sale associated with the products and/or services you may purchase.
These Terms and Conditions are meant to regulate your access to this Website and they are to be read together with the applicable terms and conditions governing any transaction(s), product(s) and/or service(s) provided on this Website. In the event of conflict between these Terms and Conditions and the terms and conditions governing the relevant transaction(s), product(s) and/or service(s) provided herein, the latter would prevail.
The information, material, functions and content provided in the pages of this Website may be changed from time to time with or without notice at TM's absolute discretion. Your continued access or use of this Website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.
2.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The materials and information in this Website, including but not limited to services, products, information, data, text, graphics, audio, video, links or other items, are provided on an "as is" and "as available" basis. References to materials and information contained in this Website include such material and information provided by third parties.
TM does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of this Website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of TM Rewards e-Store reasonable measures will be taken by TM to ensure the accuracy and validity of all information relating to transactions and products and services of TM Rewards e-Store.
Further TM does not warrant or represent that access to the whole or part(s) of this Website, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
It is your responsibility to ensure that the right equipment is available to use this Website and screen out anything that may damage it. TM will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
3.0 ELECTRONIC COMMUNICATIONS
When you visit this Website or send e-mails to TM, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.0 COPYRIGHT
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned and/or licensed by TM and/or its content supplier and are protected by copyright, trademarks and other laws. The compilation of all content on this Website is the exclusive property of TM and is protected by copyright laws. All software used on this Website is the property and/or licensed to TM and is protected by copyright and other laws.
5.0 TRADEMARKS
All trademarks, service marks, and logos displayed on this Website are owned and/or licensed by TM and/or their respective third party proprietors as identified on this Website.
Unless the prior written consent of the TM and/or the relevant third party proprietor(s) of any of the trademarks, service marks or logos appearing on this Website has been obtained, no license or right is granted to any party accessing this Website to use, download, reproduce, copy or modify such trademarks, service marks or logos. Similarly, unless the prior written consent of the TM and/or the relevant proprietor(s) has been obtained, no such trademarks, service marks or logos may be used as a link or to mark any link to this Website or any other site owned and/or controlled by TM.
6.0 LICENSE AND WEBSITE ACCESS
TM grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TM. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TM and/or its relevant third party proprietor without express written consent. You may not use any metatags or any other "hidden text" utilizing TM's name or trademarks without the express written consent of TM. Any unauthorized use terminates the permission or license granted by TM hereunder.
7.0 EXCLUSION OF LIABILITY
TM HEREIN SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS PROFITS OR SAVINGS ARISING IN CONNECTION WITH YOUR ACCESS OR USE OR THE INABILITY TO ACCESS OR USE THIS WEBSITE (OR ANY THIRD PARTY LINK TO OR FROM THIS WEBSITE), RELIANCE ON THE INFORMATION CONTAINED ON THIS WEBSITE, PURCHASE OR USE OF THE PRODUCTS OR SERVICES, ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, THE INTERRUPTION, ERROR, OMISSION, DELAY IN OPERATION, COMPUTER VIRUSES, OR OTHERWISE, EVEN IF TM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS EXCLUSION CLAUSE SHALL TAKE EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE ABOVE AND ANYTHING HEREIN TO THE CONTRARY, TM'S AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) TO YOU IN RESPECT OF ANY LOSS OR DAMAGE YOU HAVE SUFFERED SHALL IN ANY EVENT BE LIMITED TO A SUM EQUAL TO THE AMOUNT PAID OR PAYABLE BY YOU FOR THE PRODUCTS OR SERVICES IN RESPECT OF ONE INCIDENT OR SERIES OF INCIDENTS ATTRIBUTABLE TO THE SUCH PRODUCTS OR SERVICES OR YOUR PURCHASE OF THE SAME. WHERE NO PRODUCTS OR SERVICES ARE PURCHASED BY YOU, TM’S AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) TO YOU IN RESPECT OF ANY LOSS OR DAMAGE THAT YOU HAVE SUFFERED SHALL BE RINGGIT MALAYSIA TWO HUNDRED ONLY.
8.0 INDEMNITY
You hereby irrevocably agree to indemnify and keep indemnified TM from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by TM in connection with or arising from (1) your access or use or misuse of this Website and the services provided herein, or (2) your breach of these Terms and Conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against TM in connection with your access or use of this Website.
9.0 WEBSITE LINKS
This Website may contain links to website(s) controlled or offered by third parties (non-affiliates of TM). TM hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party websites linked to this Website. By creating a link to a third party website, TM does not endorse or recommend any products or services offered or information contained at that website, nor is TM liable for failure of products or services offered, or advertised at those websites. Such third parties may have a privacy policy different from that of TM, and the third party website may provide less security than this Website.
10.0 YOUR ACCOUNT
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You are solely responsible for maintaining the confidentiality of your login name and password to any other person. You are responsible for the use of your account, whether or not authorized by you.
You shall immediately notify TM if it comes to your knowledge that your password has been compromised or there has been unauthorized use of your account.
TM shall not be liable for any damage or loss of any kind whatsoever suffered by you as a result of unauthorized use of your login name and password.
You shall provide and maintain true, accurate, current and complete information about yourself when registering for your account.
11.0 DELIVERY, TITLE AND RISK OF LOSS
All items purchased from TM Rewards e-Store are made pursuant to a delivery arrangement stated in the term and condition applicable to the product(s) and services(s). The risk of loss and title for such product(s) pass to you upon the delivery of the product(s) to you by TM and/or any other third party designated by TM.
In the event of any unsuccessful delivery of the product and/or services by TM or any other third party designated by TM to you, due to your absence in receiving the products and/or services at the designated address agreed by you, you shall solely bear the total cost of further deliveries of the products and/or services to you. You are hereby notified that TM shall give no refund to you for the products and/or services under the aforementioned circumstances.
12.0 PRODUCT AND SERVICE DESCRIPTIONS
TM attempts to provide the product and service descriptions as accurately as possible to you. However, TM does not warrant that product and service descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.
13.0 RETURN AND REFUND POLICY
If you receive a damaged or defective product, please e-mail TM your order number and complaint describing the product condition within 14 working days of delivery at estore.enquiry@tmrewards.com.my, to obtain an authorisation for returns. Returns may be refused or disregarded by TM at its discretion.
If TM authorises a return of the damaged or defective product, TM will e-mail you and instructions for sending the returned product to the respective authorized merchant that have the right to receive the damaged or defective product on behalf of TM. Damaged/defective product must be returned securely packaged and wrapped. TM will not be responsible for the delivery cost of your returned product.
After receiving the damaged or defective product, the authorized merchant will examine and test the defective product in accordance to your complaint. If the defect you described is found valid, the authorized merchant will deliver you a replacement. However, if TM is not able to provide a replacement of the returned product for any reason, TM will refund you by crediting your respective account as applicable.
14.0 COLLECTION AND USE OF PERSONAL INFORMATION
In addition to disclosure of identification and contact particulars as contemplated herein, TM will collect, store, compile and utilize information about you and your access or use of this Website including without limitation, information regarding the sites you visit, that you provide to TM's questionnaires, surveys and registration forms. TM may provide certain information and data about you (including information about your computer system and platform) to third parties including advertisers, clients, marketing organizations and others that TM may select. However TM will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information, unless you give TM consent to do so or as may be required by law or pursuant to any request or directives by regulatory authorities or governmental bodies or agencies.
15.0 CURRENCY
All transactions on this Website are to be conducted and payable in Ringgit Malaysia (RM), unless otherwise indicated.
16.0 PRODUCTS AND SERVICES PUT UP FOR SALE
All products and services up for sale is merely an invitation to treat and is not an offer capable of acceptance. All offers by you to purchase any products and/or services on this Website are subject to acceptance by TM.
TM will endeavor to ensure products displayed on this Website are available. However, TM shall not be held responsible if the products are out of stock.
No agreement for the sale of the products or services hereunder shall be considered completed until such time as TM has accepted your offer to purchase them. TM is deemed to have accepted your offer to purchase such products or services upon processing your payment.
If for any reason, having accepted your order by processing your payment, TM is unable to fulfill your order, TM will notify you accordingly and arrange for a full refund of the purchase price of the goods that TM were unable to supply to be given to you. You agree that TM’s total liability and your remedies in such a case will be limited to payment of that refund. No interest shall in any event be payable on any amounts owing or re-paid.
17.0 FORCE MAJEURE
TM shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of TM being prevented, hindered or delayed in the performance by reason of any circumstances beyond TM’s reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event TM may elect to cancel your order and refund any payments made.
18.0 LAW AND JURISDICTION
These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this Website and/or using the services provided herein by TM, you hereby consent to the exclusive jurisdiction of the courts of Malaysia in all disputes arising out of or relating to the use of this Website.
TM makes no representation that the materials, information, functions and/or services provided on this Website are appropriate or available for use in jurisdictions other than in Malaysia.
19.0 TERMINATION
TM reserves the right to terminate and/or suspend your access to this Website and/or your use of this Website at any time, for any reason. In particular, and without limitation, the TM may terminate and/or suspend your access should you violate any of these Terms and Conditions, or violate the rights of TM, of any other user(s), or of any third party (ies).
20.0 WAIVER
The failure of TM to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
21.0 MODIFICATION, AND SEVERABILITY
TM reserves the right to make changes to this Website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining condition.
22.0 PRIVACY
Please review our Privacy Policy, which also governs your visit to TM Rewards e-Store, to understand our privacy practices.
