Term and Conditions

BUYER’S TERMS AND CONDITIONS

1.   INTRODUCTION

• Pingo Sdn. Bhd. (formerly known as Duta Makmur Konsortium Sdn. Bhd.) (Company No. 201701040957 (1255130-M)), who is the owner and operator of the e-commerce platform known as “PINGO” ( hereinafter “PINGO”) allows its sellers to advertise, list, offer, sell or make available any of the products and/or services for their business that its Buyers may purchase at its website (the “Site”) or its mobile device application (the “App”) (hereinafter, the Site and the App collectively referred to as the “Platform”) in accordance with the following Terms and Conditions of Use, and any other terms and conditions and privacy policy posted on the Platform (collectively, “Terms”).
• Any capitalized words used in these Terms, unless otherwise defined herein, shall have the same meaning as found in the Seller’s Terms and Conditions, the Pingo Activity Policy and Pingo Points Policy, which shall form an integral part of these Terms.
• These Terms govern the Buyer’s access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, the Buyer must read carefully and accept these Terms and the Buyer must consent to the processing of the Buyer’s personal data as described in the privacy policy posted on the Platform.
• By accessing the Platform and/or using the Services, the Buyer agrees to be bound by these Terms and any amendments to the foregoing issued by PINGO from time to time. If the Buyer does not agree to these Terms, please do not access and/or use the Platform and/or the Services.
• If the Buyer is under the age of 18 or the legal age for giving consent hereunder pursuant to the Applicable Laws in the Buyer’s country, the Buyer must obtain permission from his/her parent(s) or legal guardian(s) to open an account on the Platform. If the Buyer is the parent or legal guardian of a minor who is creating an account, the Buyer must accept and comply with these Terms on the minor's behalf and the Buyer will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If the Buyer does not have consent from his/her parent(s) or legal guardian(s), the Buyer must stop using/accessing this Platform and/or Services.
• These Terms are issued in both the English and Chinese languages. In the event of any inconsistency between these two versions, the English version shall prevail.

2.   VARIATION

• PINGO may at its sole discretion to change, amend, modify, add or remove these Terms at any time and the revised version will be effective immediately that it is displayed on the Platform with no other notices provided to the Buyer. By continuing to use the Platform, the Buyer shall be bound by any revisions to these Terms.

3.   DEFINITIONS

• The following terms shall have the following respective meanings:

  • “Applicable Laws” means with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies (including without limitation, any relevant stock exchange or securities council) or any court, arbitrator or tribunal with competent jurisdiction and to which such person is subject;
  • “Buyer”, "you" or “your”, means the person accessing or using the Platform or the Services or purchasing and/or redeeming the Merchant Offering (as defined below) from any of the Seller (as defined below) via the Platform and “Buyers” shall be construed accordingly;
  • “Business Day” means a day on which banks are open for business in Malaysia (other than a Saturday or Sunday or gazetted public holidays);
  • “Confidential Information” means all financial, business and technical or other data and all other confidential information (whether written, oral or in electronic form or on magnetic or other media) concerning the business of a disclosing party that a receiving party receives or accesses as a result of any discussions or dealings under this Agreement;
  • “Force Majeure” means an event arising out of or caused by, directly or indirectly, beyond a party’s reasonable control, including, without limitation, strikes, lock-outs, work stoppages, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or the acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents and/or any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication services;
  • “Seller” means the seller and/or vendor of the associated Merchant Offering and “Sellers” shall be construed accordingly;
  • “Merchant Offering” means the goods and/or services and/or promotions provided, supplied and offered by the Seller;
  • “Pingo Points” has the meaning as ascribed to it in Clause 2.1 of the Pingo Points Policy;
  • “Redeemable Points” has the meaning as ascribed to it in Clause 2.1 of the Pingo Points Policy;
  • "VIP Member” has the meaning as ascribed to it in Clause 3.1 of the Pingo Activity Policy;
  • “VIP Merchant Offering” means the selected Merchant Offering(s) contained under PINGO’s VIP package, as may be determined by PINGO from time to time;
  • “Successful Transaction” shall have the meaning ascribed to it as set out under Clause 8.4;
  • “Transaction” means the transaction effected between the Buyer and the Seller in consideration of Merchant Offerings purchased by Buyer; and
  • “Transaction Value” means the face value of Merchant Offering paid by the Buyer to the Seller in connection to any Transaction.

4.   ACCOUNT AND SECURITY

• To purchase the Merchant Offering and/or use the Services, the Buyer is required to create an account at the Platform in order to gain access to the use of any services and functionality at the Platform that PINGO may establish and maintain at all material times and in its sole discretion.
• The Buyer’s permission to use the Platform and/or the Services is conditional upon the Buyer’s agreement that the Buyer will provide accurate information when creating an account or registering with PINGO. PINGO has the absolute discretion to reject, approve, suspend or terminate the Buyer’s creation of an account with PINGO and/or the Buyer’s usage of the Platform and/or Services.
• By creating an account, the Buyer agrees to receive weekly email newsletter and communication by PINGO. The Buyer hereby acknowledges and consents that PINGO may access, preserve and disclose the Buyer account information and Content (as defined below) to any legal regulatory, or government authority, the relevant rights owner, or third parties if required to do so by the Applicable Laws pursuant to an order of court or lawful request by any governmental or regulatory authority having jurisdiction over PINGO in accordance with the terms of the privacy policy at Pingo.Shopping.
• The Buyer is solely responsible for the activity that occurs on the Buyer’s account even if such activities or uses were not committed by the Buyer, and the Buyer must keep its account password secure. If a legal disputes or law enforcement action is commenced related to the Buyer’s account for any reason, PINGO may terminate the Buyer’s account immediately with or without notice. PINGO shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the Buyer’s failure to comply with this section.
• The Buyer must notify PINGO immediately of any breach of security or unauthorized use of its account. PINGO shall not be liable for any losses caused by any unauthorized use of the Buyer’s account.

5.   CONDITIONAL USE OF OUR PLATFORM AND SERVICES

• PINGO grants the Buyer a non-transferable and revocable license to use the Platform and/or the Services, subject to these Terms. Any breach of these Terms shall result in the immediate revocation of the license granted herein without notice to the Buyer.
• The Merchant Offering and/or promotional events expressed on the Platform are those of the Seller and are not made by the Platform. Submissions or opinions expressed on the Platform are those of the individual posting such content and may not reflect PINGO’s opinions. PINGO is not liable for any loss or damage Buyer may suffer as a result of the publishing of inaccurate, misleading or fake information by the Seller or any omission of information.
• The Seller is solely responsible for the price and quality of its respective Merchant Offering and/or promotional events, and compliance with the Applicable Laws, including laws with respect to expiration dates. The availability of the Merchant Offering may be limited, however, the Seller is responsible to ensure that the quantity set by the Seller is sufficient to meet all promotional events issued by the Seller.
• PINGO is not responsible for additional or different terms, conditions, limitations and restrictions that may be imposed by the Seller on the Merchant Offering. In the event that the Seller refuses to honour the Merchant Offering without cause or contrary to law or these Terms or for any reason whatsoever, the Buyer may have a recourse against the Seller and PINGO shall not be held liable for the Seller’s default. PINGO also reserves the right at its sole discretion, to cancel, terminate or alter any Merchant Offering at any time.

6.   MERE PLATFORM

• The Buyer hereby acknowledges and agrees that the Platform is merely a platform which provides a place and opportunity for the sale and purchase of the Merchant Offering between a prospective Seller and a prospective Buyer. PINGO does not own, operate or control any of the Merchant Offering that is offered, supplied and/or operated by the Seller.
• In this connection, the Buyer is responsible to conduct his/her own due diligence with respect to whether the Merchant Offering offered or provided by the Seller is original, of merchantable quality, genuine and/or meets the specifications and conditions as prescribed by the Buyer.

• In particular but without derogation to the other provisions of these Terms, PINGO is not responsible or liable for any of the following:

  • The quality, safety, morality or legality of any aspect of the Merchant Offering listed on the Platform.
  • The truth or accuracy of the listings, the ability of the Seller to sell the Merchant Offering or the ability of Buyer to purchase for the Merchant Offering.
  • The accuracy of any listings of the Merchant Offering posted, featured or published on the Platform.
• Should the Buyer has any dispute, complaint and/or claim against with respect to the sale or purchase of any Merchant Offering listed on the Platform, the Buyer’s recourse is to initiate a claim against the relevant Seller. PINGO does not bear any responsibility and liability whatsoever for any transaction, arrangement and/or agreement entered between the Seller and the Buyer of the Platform.
• The actual contract for sale is directly between the Seller and the Buyer and PINGO is not a party to that or any other contract between the Seller and the Buyer and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods and warranty of purchase. PINGO is not involved in the transaction between the Seller and the Buyer.
• PINGO cannot guarantee continuous or secure access to our Services, and operation of the Platform may be interfered with by numerous factors outside of PINGO’s control. Accordingly, to the extent legally permitted, PINGO makes no representations or warranties of any kind with respect to the systems operated by PINGO or any software and hardware provided, or any part thereof, express or implied, and shall not be liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages which may be suffered or incurred by the Seller or the Buyer or any third party in connection with the use of the Platform including (without prejudice to the generality of the foregoing) any loss of profit in consequence of a breakdown in providing the Services or part thereof.
• The Platform shall be divided into three (3) zones, which are the VIP Member zone (“VIP Member Zone”), Pingo Activity zone (“Pingo Activity Zone”) and the mall shopping zone (“Mall Shopping Zone”).

7.   GOODS AND SERVICES

• By placing an order on the Platform, the Buyer is offering to purchase the Merchant Offering on and subject to these Terms. A contract is not entered between PINGO and the Buyer for the purchase of the Merchant Offering but rather with the Buyer and the Seller.
• The Seller is entitled to impose the Merchant Offering details and review information such as price, option, charges, and such other terms and conditions for the Merchant Offering.
• Once the purchase of the Merchant Offering is confirmed and completed upon successful payment of the same by the Buyer, an email notification will be issued to the Buyer, thereafter the Merchant Offering will be arranged for delivery by PINGO’s Logistics Partner (as defined below) in accordance with the terms and conditions that may be imposed by the respective Seller.
• Whilst PINGO try and ensure that all details, descriptions and prices which appear on the Platform are accurate, errors (including processing errors) may occur. PINGO do not warrant that Merchant Offering descriptions or other content of any Seller are accurate, complete, reliable, current, or error-free. PINGO also reserves the right to alter the Merchant Offering available on the Platform.
• If PINGO discovers an error in the price or payment of the Merchant Offering which the Buyer has ordered PINGO will inform the Buyer of this as soon as possible and provide the Buyer option of reconfirming the order at the correct price or cancelling it. If PINGO is unable to contact the Buyer, the order is deemed to be cancelled. If the order is cancelled and the Buyer has already paid for the Merchant Offering, the Buyer will receive a full refund, net of all bank, finance and any other charges.
• The information pertaining to the Merchant Offering may also contain typographical errors or other errors or inaccuracies and may not be complete or current. PINGO therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. PINGO also reserves the right to refuse to fill any orders that the Buyer may place based on information on the Merchant Offering that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, taxes, shipping, payment terms, or return policies.

8.   PURCHASE AND PAYMENT

• The Buyer should carefully read the Merchant Offering details and review information such as price, option price, charges, and such other terms and conditions for the Merchant Offering before purchasing or redeeming the Merchant Offering.

• PINGO will notify the Buyer if for any reason PINGO is unable to process the Buyer’s request, or any part of it (in which case PINGO shall not take payment from the Buyer in respect of the cancelled request, or the partially cancelled request). The circumstances where PINGO may not be able to process and accept the Buyer request including but not limited to:

  • where the Merchant Offering that the Buyer has ordered is no longer available in stock;
  • where the payment has not been authorised;
  • where PINGO has identified a description error on the Merchant Offering; and/or
  • where the Buyer has not complied in any way with these Terms.
• The Buyer shall be entitled to make payment for the Merchant Offering using the various payment methods made available on the Platform. However, any offline payment method shall be regarded as an off-platform transaction, and the Platform will not bear any liability arising from or in connection with such offline payment (if any).

• Monies to be paid arising out of or in connection with the Merchant Offering (“Payment”) shall be collected by PINGO or PINGO’s authorised agent(s), as may be determined at its sole and absolute discretion. The Buyer hereby agrees and irrevocably authorises PINGO to release the Payment to the applicable Seller in the following manner:

  • the Merchant Offering was successfully sold through the Platform to the Buyer; and
  • the Seller has delivered the Merchant Offering in full to the Buyer; and
  • the Buyer has duly acknowledged and confirmed, at the Platform, that delivery of the Merchant Offering is completed, or there is no dispute made by the Buyer in respect of successful delivery of the Merchant Offering for three (3) days after confirmation of successful delivery of the Merchant Offering by PINGO’s Logistics Partner (as hereinafter defined), as the case may be; and
  • such other conditions as may be prescribed by PINGO from time to time at its sole and absolute discretion in a separate terms and conditions (if any) for the respective Merchant Offering.

  All the above conditions shall be fulfilled in order for the transaction to be deemed a “Successful Transaction”. What constitutes a Successful Transaction shall be determined by PINGO in its absolute discretion. For the avoidance of doubt, if any of the above described conditions are not met, a Transaction is not confirmed and shall not be deemed a Successful Transaction and PINGO is under no obligation to pay the Seller any amount in respect of that transaction.

• PINGO takes no responsibility and assumes no liability for any loss or damages arising from Merchant Offering information and/or the Seller’s inability to process the Buyer’s purchase and/or payer information entered by the Buyer or wrong remittance by the Buyer in connection with the payment for the purchase. PINGO reserves the right to check whether the Buyer is duly authorized to use certain payment method, and may suspend the Transaction until such authorization is confirmed or cancel the relevant Transaction where such confirmation is not available or when PINGO has verified that the relevant Transaction is an unauthorized payment.
• Where applicable, the Buyer warrants that the credit or debit card details that the Buyer provides is of the Buyer’s own credit or debit card and that the Buyer has sufficient funds to make the payment.

9.   RATINGS AND REVIEWS

• The Buyer may submit content to the Platform, including but not limited to any questions, ratings, reviews, communications, comments, texts, photographs, videos, sound, music, graphics, suggestions, ideas, code or any other data or materials pertaining to the Merchant Offering (collectively, “Content”).

• By posting or otherwise making available any Content via the Platform, the Buyer represents and warrants to the following:

  • The Buyer shall not use a false e-mail address, pretend to be someone other than the Buyer or otherwise mislead PINGO or any third party as to the origin of any Content.
  • That the Content supplied by the Buyer constitutes personal and true opinion based on the Buyer first-hand experience on the Merchant Offering.
  • All content that the Buyer submits is true, accurate, current and complete.
  • The content the Buyer supply does not breach any of these Terms.
  • That neither the Buyer nor any family member of the Buyer is employed by or has any affiliation with the Seller the Buyer is rating or reviewing, or a competitor of that Seller.

• The Buyer further agrees and warrants that the Buyer shall not submit any Content:

  • That is known by the Buyer to be false, inaccurate or misleading.
  • That infringes any third party's copyright, patent, trademark, trade secret or any other intellectual or proprietary rights or rights of publicity or privacy.
  • That breaches any law, statute, regulation or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
  • That discloses private information of any third party, including without limitation, addresses, phone numbers, email addresses, national insurance numbers and credit card numbers, or otherwise violates the rights of any third party, including without limitation, privacy rights.
  • hat is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or harassing or discriminatory based on sex or gender to any of the Seller and/or third party.
  • That is offensive, profane, vulgar, obscene or inappropriate language.
  • That impersonates, or misrepresents the Buyer’s connection with, any entity or person.
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.
• The Buyer agrees that the Buyer be solely responsible for the Content of its submission, and any comments the Buyer makes. The Buyer shall be solely liable for any damages resulting from any breach by the Buyer from any harm resulting from the Buyer’s submission of Content. PINGO does not represent or warrant that any Content submitted by the Buyer is accurate, and or that it is free from mistakes, omissions, falsehoods, defamation, obscenity, pornography or profanity.
• The Buyer agrees to indemnify PINGO (and its officers, directors, employees, affiliates, agents, subsidiaries, joint ventures, and any third-party service provider) and keep PINGO indemnified from any and all losses, damages (actual and consequential), liabilities (whether criminal or civil), claims, disputes, demands, causes of actions, costs and expenses (including reasonable legal fees and expenses), fines, or penalties of every kind and nature, known and unknown, arising out of, in connection with, or related to: (i) the Buyer Content; (ii) any breach of the Buyer’s representations and warranties as set out above; and/or (iii) any breach of any Applicable Laws, or the Buyer’s interference with the rights of a third party.

• The Buyer understands the Platform is public and that if the Buyer posts any Content, PINGO may use, modify, edit, delete , translate or republish such Content and that the Buyer agrees that any submission is non-confidential and non-proprietary and may be used in any manner or medium whatsoever by PINGO. For the avoidance of doubt, PINGO shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to the Buyer’s submissions and the Buyer’s interactions via the Platform:

  • to monitor or review the Buyer’s submission of Content;
  • to remove or refuse to post any Content within the Platform that PINGO deems, in its sole discretion, which violates the submission guidelines as may be prescribed by PINGO;
  • to suspend or terminate the Buyer’s access to the submission of Content on the Platform as PINGO deems appropriate in the circumstances; and
  • to suspend the Buyer’s account that violate the submission guidelines noted in this Clause 9.
• Provided that the Content does not violate any of PINGO’s content policy, PINGO reserves its right, and at its sole discretion, to maintain any negative Content pertaining to the Merchant Offering unless it is proven otherwise by the Seller in writing to PINGO that the Content contains mistakes, omissions, falsehoods, defamation, obscenity, pornography or profanity, any breach of law or interference with the rights of a third party.
• PINGO reserves the right at any time, at its sole discretion, to change or otherwise modify any part of these Terms with notice to the Buyer, and the Buyer continued submission of Content signifies the Buyer’s acceptance of the updated or modified terms.

10.   PROMOTIONAL EVENTS

• PINGO may also, at its sole discretion, from time to time offer various promotions in any form as it deems appropriate to the Buyer to create, encourage and sustain Buyer’s interest in the Merchant Offering (“Promotion”).
• PINGO reserves the rights to introduce the Promotion (individually or collectively) at intervals of its choice. PINGO may also provide separate terms and conditions governing each one of its Promotion. While choosing to participate in the Promotion, the Buyer is, apart from these terms, requested to peruse and understand the separate terms which governs each individual Promotion. Under certain circumstances, PINGO may, at its sole discretion, at any time and with prior notice to the Buyer, withdraw, modify, suspend, cancel or delete all, or a part of the Promotion or the terms and conditions governing such Promotion.

11.   PINGO ACTIVITY

• PINGO may also, at its sole discretion, from time to time conduct various events and activities in any form as it deems appropriate for the Buyer to participate on the Platform to promote the Merchant Offering and encourage and sustain Buyer’s interest in the Merchant Offering (“Pingo Activity”). Any VIP Member may also be entitled to host, initiate and conduct Pingo Activity, subject always to PINGO’s approval.
• The Pingo Activity shall be subject to a separate pingo activity policy and such other procedures as may be determined by PINGO from time to time, in its sole and absolute discretion (“Respective Pingo Activity Policy”).
• PINGO reserves the rights to introduce the Pingo Activity (individually or collectively) at intervals of its choice. While choosing to participate in the Pingo Activity, the Buyer is, apart from these Terms, requested to peruse and understand the Respective Pingo Activity Policy. Under certain circumstances, PINGO may, at its sole discretion, at any time and with prior notice to the Buyer, withdraw, modify, suspend, cancel or delete all, or any part of the Pingo Activity, the Respective Pingo Activity Policy and/or other terms and conditions governing such Pingo Activity.

12.   PINGO POINTS AND REDEEMABLE POINTS

• As a Buyer and by actively purchasing Merchant Offering and VIP Merchant Offering on the Platform, and/or initiating, conducting and/or participating in Pingo Activity, the Buyer may be entitled to be gifted certain reward points on the Platform, which includes Pingo Points and Redeemable Points that can be used for cash rebate, and/or to redeem, set off and/or purchase Merchant Offering, rewards, offers, goods, services, benefits, Promotion (as the case may be), and more access on the Platform (collectively “Benefits” and individually a “Benefit”) that is granted or provided by PINGO on the Platform.
• The Buyer’s entitlement and usage of the Pingo Points, Redeemable Points and/or Benefits shall be determined by PINGO in its sole and absolute discretion and may be subject to change by PINGO, from time to time, without notice to the Buyer.
• The granting and issuance of the Pingo Points and Redeemable Points to the Buyer shall be subject to a separate Pingo points policy and such other procedures as may be determined by PINGO from time to time, in its sole and absolute discretion (“Respective Pingo Points Policy”). PINGO may, at its sole discretion, at any time and with prior notice to the Buyer, withdraw, modify, suspend, cancel or delete all, or any part of the Pingo Activity, the Respective Pingo Points Policy and/or other terms and conditions governing such Pingo Points and/or Redeemable Points.
• PINGO reserves the right to suspend the Buyer’s use and relinquish, terminate and cancel the Pingo Points and/or Redeemable Points for any reason whatsoever, including in the event the Buyer breach any of these Terms or in the event the Buyer’s account is suspended, investigated, or terminated. Any of PINGO’s determination as aforesaid shall be final and conclusive.

13.   DELIVERY

• The delivery of the Merchant Offering to respective Buyer in connection to any Transaction shall be subject to a separate delivery policy of the respective Merchant Offering and such other procedures as may be determined by PINGO from time to time, in its sole and absolute discretion (“Respective Delivery Policy”).
• PINGO, through its designated third party logistics service providers (“PINGO’s Logistics Partner”), will provide delivery services to the Seller, in accordance with the terms and conditions under the Respective Delivery Policy. The Seller shall fulfil the order through and cooperate fully with PINGO’s Logistics Partner to carry out the delivery services. PINGO shall not be liable to the Seller for any losses suffered, in the event the Seller does not fulfil the order using PINGO’s Logistics Partner.
• PINGO may use any method or route to perform the delivery of the Merchant Offering to the respective Buyer, including to sub-contract all or part of the delivery of the Merchant Offering to the respective Buyer to any sub-contractor which PINGO deems appropriate.
• Unless otherwise provided in these Terms, the Buyer shall be responsible for all costs incurred for shipping the Merchant Offering and where applicable, the Buyer shall be responsible for payment of all delivery fees, customs duties, taxes and any other charges related to the shipping and custom clearance of Merchant Offerings. Any costs assessed against or incurred by PINGO in relation to shipping and customs clearance shall be payable by the Buyer.
• The total liability of PINGO to the Buyer in the event there is any loss or damage to the Merchant Offerings which are the subject of delivery by PINGO’s Logistics Partner and where PINGO is responsible for the risk, shall be only limited to the Transaction Value of such Merchant Offering.
• In the event that there is any loss or damage to the Merchant Offerings which are subject of delivery by PINGO’s Logistics Partner, where such loss or damage is caused by the Seller’s instructions, the Seller’s failure to comply with these Terms or the Respective Delivery Policy, related to the decay of perishable Merchant Offerings, or otherwise directly or indirectly caused by the Seller or its agents or contractors, PINGO shall not be liable for any such loss or damage.

14.   COMPLAINT

• PINGO places great value on our Buyer satisfaction and to take complaints seriously. PINGO aims to respond to the Buyer complaints within three [3] business days. All complaints should be addressed to PINGO Customer Service at: (a) our page at Pingo.Shopping; (b) our helpline: +60379727755; or (c) our email: enquiry@pingo.shopping.

15.   RETURN, REPLACEMENT OR REFUND

• The return, replacement or refund of the Merchant Offering (or any part thereof) shall subject to a separate refund policy of the respective Merchant Offering and such other procedures as may be determined by PINGO from time to time, in its sole and absolute discretion (“Respective Refund Policy”). PINGO shall not be liable for any matter arising from or incidental to the return, replacement or refund of the Merchant Offering.
• Subject to the Respective Refund Policy, the Buyer may submit application to PINGO at Pingo.Shopping for return, replacement or refund of the purchased Merchant Offering. Any monies to be refunded pursuant to a successful application shall be subject to a deduction such administrative charges as may be imposed by PINGO, from time to time, in its sole and absolute discretion or such other charges as may be imposed by any third party.
• In the event if the Buyer application for the return, replacement or refund of the purchased Merchant Offering does not fall within the Respective Refund Policy, upon receiving such application from the Buyer, PINGO will notify the relevant Seller. Should there be any dispute or conflict arising from or incidental to the return, replacement or refund of the Merchant Offering, the Buyer is encouraged to communicate and negotiate with the Seller directly to resolve such dispute or conflict. In the event the funds are in our control and possession and such Merchant Offering has been redeemed, the Buyer will only be refunded after PINGO has received a confirmation from the Seller that the Seller has agreed to accept the return, replacement or refund of the Merchant Offering.
• Each Buyer’s application for return, replacement or refund of the Merchant Offering will be assessed based on the Respective Refund Policy or a case-by-case basis, at its sole discretion and PINGO decision shall be final and the Buyer agrees to be bound by the same.

16.   NO WARRANTIES

• The Buyer will not hold PINGO responsible for other Buyers' content, actions or inactions, or items they list, including things they post. However, should there be any violation of the content policy, the Buyer may submit to PINGO the relevant complaint against other Buyers. PINGO reserves the right to deal with the violation of the content policy in such manner PINGO deems fit, including to remove the relevant Content, and/or suspend the relevant Buyer accounts. The Buyer acknowledges that PINGO is not a traditional online shopping service provider or auctioneer. Instead, PINGO provides an electronic marketplace for buyer and seller and arrange transactions between such buyer and seller. PINGO is merely responsible for operating and managing the Platform and make reasonable efforts in order to maintain efficient services. PINGO is not involved in the actual transaction between the Buyer and the Seller. PINGO has no control over and do not guarantee the quality, safety or legality of the Merchant Offering, the truth or accuracy of the Seller’s content or listings, the ability of the Seller to sell the Merchant Offering, or that the Seller will actually complete a transaction.
• PINGO does not provide and/or transfer legal ownership of the Merchant Offering to the Buyer. This remains the responsibility and obligation of the Seller.

17.   IMDEMNITY

• The Buyer agrees to defend, indemnify (and keep indemnified) and hold PINGO and its affiliates, and their agents, directors, officers, employees, successors and/or assignees, harmless from and against any claims, liabilities, damages, costs, judgments, losses or expenses (including reasonable legal fees on a full indemnity basis), arising out of or in connection with:

  • The Buyer’s violation or breach of any terms, conditions, representations and warranties of this Agreement, including warranty with respect to the merchantable quality of the Merchant Offering or any Applicable Laws, including any local laws or ordinances, whether or not referenced herein; and/or
  • PINGO’s enforcement or attempt to enforce the obligations of the Buyer; other than where any such claim, liabilities, damages, costs, judgments losses or expenses arises solely as a result of PINGO’s negligence.
• Notwithstanding any other provision herein, it is agreed that neither party shall be liable to the other party for any loss of profit, goodwill, business opportunity, and anticipated savings or for any indirect, special or consequential loss or damage suffered or flowing from this Agreement, even if reasonably contemplated or if such other party has been advised of the possibility of such loss or damage.

18.   FORCE MAJEURE

• Neither party shall be liable to the other party or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of that party’s obligations under this Agreement, if the delay or failure was due to a Force Majeure, provided that such party shall:

  • as soon as practicable, serve on the other party written notice thereof specifying the particulars of the Force Majeure event, the extent to which such party is unable to discharge or perform its obligations, the cause(s) for the inability of such party to perform or discharge its obligations and the estimated period during which such party is unable to perform or discharge its obligations; and
  • where applicable, promptly take and continue to take all action within its powers to minimise the duration and effect of the Force Majeure event on such party.
• The party that may invoke this Section shall use commercially reasonable efforts to reinstate its ongoing obligations to the other party as soon as practicable.

19.   TERMINATION

• PINGO may without prior notice to the Buyer, immediately terminate or revoke any all of the Buyer rights granted under these Terms. Upon any termination of these Terms, the Buyer shall immediately cease all access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. PINGO shall not be liable to the Buyer or to any other person as a result of any such suspension or termination.

20.   GOVERNING LAW

• These Terms shall be governed by and construed in accordance by the laws in force in Malaysia. Unless and otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms against or relating to PINGO or any Indemnified Party under these Terms shall be referred to and shall submit to the jurisdiction of the court in Malaysia.

21.   NOTICES

• The Buyer hereby consent to all notices and other communications which are required under these Terms can be given by PINGO in any one of the following manners:

  • By ordinary post to the Buyer’s last known address in our records and such notification shall be deemed received two (2) days after posting;
  • By electronic mail to the Buyer’s last known email address in our records and such notification shall be deemed received twenty-four (24) hours after sending;
  • By being displayed on the Platform and such notification shall be deemed effective upon such display;
  • By notification in whichever form as PINGO deems fit to the Buyer’s account on the Platform; or
  • By notification to the Buyer in any other manner as PINGO deems fit.

• Any notice to be given to PINGO shall be in writing and shall be delivered by hand or by prepaid, registered or recorded delivery post or by electronic transmission to the following address and/or email address:-

  Address: 23, Plaza Danau 2, Jalan 1/109F, Taman Danau Desa, 58100 Kuala Lumpur Email: enquiry@pingo.shopping

22.   INTEGRAL PART OF THESE TERMS

• The Parties hereby acknowledge that the Respective Pingo Activity Policy, the Respective Pingo Points Policy, the Respective Delivery Policy, the Respective Refund Policy and all other policies that may be prescribed by PINGO from time to time shall constitute an integral part of these Terms.