The RewardsLink Loyalty Program (“RewardsLink”) is wholly owned, managed and operated by TOGL Technology Sdn Bhd, a private limited company incorporated in Malaysia (“TOGL”). The Terms of Use herein contained govern your access and use of RewardsLink, the use of any services, products, functions and features made available and offered by TOGL and/or any other associated software supplied or provided by TOGL through RewardsLink.
By accessing and using the Platform, you are deemed to have read, understood, agreed and accepted the Terms of Use herein stated. You further acknowledge and agree to the representations made by yourself below. Please refrain from using the Platform if you do not agree to all or any of the terms and conditions specified below. Please note that TOGL shall not be liable for payment of any costs and/or expenses incurred due to accessing and using the Platform.
1.1 Unless the context otherwise requires, the following words and expressions shall have the following meanings:
| “Account” | means your account registered with TOGL in connection with RewardsLink or the Platform; |
| “Merchants” | means the participating merchants in respect of RewardsLink as TOGL may determine from time to time; |
| “Platform” | means the relevant website, mobile application, mobile site and/or any other online platforms related to RewardsLink that are owned, managed and/or operated by TOGL; |
| “Reward Points” | means the points earned by or awarded to Users by means of the Valid Transactions through RewardsLink in the manner determined by TOGL from time to time; |
| “Valid Transactions” | means all transactions, as specified by TOGL, at its own discretion that qualifies the User for the accumulation of Reward Points. |
| “User”, “you” or “your” | means the user of the Platform; |
| “we”, “us”, “our”, or “TOGL” | means TOGL Technology Sdn Bhd (Company Registration No.: 1248393-W) |
2.1 These Terms of Use shall constitute a legally binding agreement between you and TOGL.
2.2 TOGL reserves the right to change, modify, add, or remove any terms of these Terms of Use herein contained from time to time with or without any prior notice to you, effective upon posting. Your continued use of the Platform shall constitute and be deemed to be your acceptance to such change or modification.
2.3 You are advised to review the Terms of Use regularly to be aware of such changes or modifications. Further, you also agree to review and be responsible for the Terms of Use applicable to any country where you use the Platform which may differ from the country where you have registered whereupon the continued use of the Platform after any such changes’ effectiveness, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
2.4 You shall provide accurate, truthful, current and complete information during the registration process.
2.5 You shall be at least eighteen (18) years old or the minimum legal age in your country to register and open an account available on the Platform. If you are under the age of 18 or the legal age for giving consent pursuant to the applicable laws in your country, you must obtain permission and consent from your parent(s) or legal guardian(s) to register an Account on the Platform and your parent(s) or legal guardian(s) must agree to these Terms of Use on your behalf. Your parent(s) or legal guardian(s) shall also be responsible and liable for any of your actions, charges associated with your use of the Platform and purchases made on the Platform.
2.6 You agree to use the Platform in accordance with these Terms of Use herein contained for lawful, proper, authorized and acceptable purpose.
2.7 TOGL grants you a limited, non-transferable, and revocable license to access and use the Platform as expressly permitted in these Terms of Use. TOGL grants such license to you subject to you agreeing that you must not: –
(a) use the Platform in any manner that breaches any existing applicable law or regulations;
(b) post or transmit or disseminate any information or image on or via the Platform which is illegal, obscene, harmful, defamatory, threatening, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate and objectionable;
(c) send any material that contains viruses, worms, trojan horses or other harmful computer codes, files, scripts, agents or programs through or onto the Platform;
(d) any act that alters, interferes or disrupts the safety, security and/or performance of the Platform or the data that contained therein and intent or plan to harm or intentionally interfere with the aforesaid;
(e) gain or attempt to gain unauthorized access to the Platform or its related systems or networks;
(f) commit any breach of confidence, privacy or any third party’s rights, including, without limitation, intellectual property rights;
(g) impersonate someone or adopt a false identity if the purpose is to mislead, deceive or defraud the person;
(h) or engage in any conduct that could possibly damage or tarnish TOGL’s reputation or amount to being disreputable. TOGL may, without prior notice, remove or deny your access to the Platform if TOGL finds that you are in violation of applicable laws or Terms of Use herein stated.
2.8 You further agree not to damage, corrupt and/or interfere with the normal functions of the Platform and shall not use the Platform to distribute spam, chain mail, pyramid schemes, viruses or any other information or technology deemed inappropriate to TOGL. TOGL reserves the right to take any measures deemed appropriate to stop you from misusing the Platform including but not limited to blocking the usage of the Platform, closing of your account and/or referring the matter to the corresponding authorities to seek relief from a court of competent jurisdiction, or any other action as TOGL deems appropriate.
2.9 TOGL reserves the right, but have no obligation, to monitor and control the interactions between the users, activities, contents and materials on the Platform. You are solely responsible for your own conduct. However, TOGL may in its sole and absolute discretion, take any actions it deems appropriate.
2.10 You agree not to disclose any information which permits access into your account to any third party. TOGL shall not be held liable and responsible for any liability, whether a civil or a criminal liability, for the use of your information by any third party.
2.11 You are aware and abide by all laws and regulations in your alternate country. Notwithstanding anything to the contrary, you further agree that any incident and/or action that happened in your Account which is illegal, dishonest, misrepresentation and etc., where inappropriate and/or contradict to the law or terms herein, you will be liable as an account holder. For avoidance of doubt, every incident and/or action through your Account, express or implied, nothing in the terms herein, is intended to or shall confer upon any third-party other than you as the account holder, any right, benefit or remedy of any nature whatsoever under or by reason of the term herein.
2.12 You are responsible for keeping your Account and password confidential, safe and secure. You are entirely responsible and accountable for all or any of the activities conducted under such account or password. In the event that there is an unauthorized use of your Account or password or that your Account has been compromised, you shall immediately inform TOGL. TOGL hereby shall not be liable and responsible, directly or indirectly, for any loss or damage by virtue of such unauthorized use or your Account or password or your failure to comply with this provision.
2.13 If you receive any material or data containing information wherein you are not the intended recipient, you hereby agree and undertake to delete such material or data and to notify TOGL immediately.
2.14 You agree and undertake not to collect, retain and/or extract any information about other Users from the Platform, including but not limited to personal details of other Users, without consent of the other Users and TOGL.
2.15 For RewardsLink mobile application (the “RewardsLink App”), it is your responsibility to check and ensure that you have downloaded the correct RewardsLink App for your device. TOGL does not warrant that the RewardsLink App will be compatible with your device. Further, TOGL may from time-to-time release an upgraded version of the RewardsLink App and/or may automatically electronically upgrade such version on your device. You hereby give your consent to such automatic upgrading on your device and agree that the Terms of Use shall apply to all such upgrades.
2.16 The Platform may provide links or access to other mobile applications or sites. You agree that your access and use of such other mobile applications or sites shall solely remain at your own risk. TOGL shall not be held liable and responsible for any content, availability and/or activity of such other mobile applications or sites that may be operated and owned by TOGL’s affiliates, partners and third parties and any information, products or services on those mobile applications or sites which may be accessible through the Platform. TOGL shall not be liable for any direct, indirect, consequential losses, damages, claims, liabilities and/or costs of whatsoever kind arising out of your access and use of such mobile applications or sites or any transaction related thereto. If you access the foregoing other mobile application or sites from the Platform, you acknowledge and understand that the Terms of Use do not apply to your use of such mobile applications or sites. You are deemed to have read and fully understand the applicable terms and conditions and privacy policy (if applicable) by accessing and using such other mobile applications or sites.
2.17 You agree, acknowledge, understand and accept that TOGL is not an agent, employee, broker, or representative of yours. You further agree, acknowledge, understand and accepts that TOGL does not owe to you any duties other than those herein contained and shall not be held responsible for any action, claim, liability or penalty arising from the visit, use and/or browse of the Platform, including but not limited to signing up an account on the Platform.
2.18 You agree, acknowledge, understand and accept that TOGL only provides a platform to you who comply with the law and all the terms herein. We reserve the right to forfeit your Reward Points where it reasonable believes that there is any action or element which may forfeit twenty-five per centum (25%) of your Reward Points for first violation; fifty per centum (50%) of your Reward Points for second violation; forfeit all Reward Points and terminate the account for the third violation.
2.19 You agree, acknowledge, understand and accept that in the event your account under investigation and banned by us, no payment will be issued by us until the investigation is completed. Your Reward Points shall remain the same unless you are found guilty in the investigation report.
2.20 At all times when using RewardsLink, you shall bear all risk when clicking hyperlinks leading out of RewardsLink and we do not warrant that any communication via the internet is free of errors, virus, interception or interference which may damage or interfere with data, hardware or software. You shall be fully responsible for virus checking and all other necessary filtering.
3.1 Reward Points are the points earned by means of the Valid Transactions through RewardsLink which can be used for purchases of products and services within the RewardsLink App.
3.2 Reward Points can be earned when you complete a Valid Transaction via any mode of payment available on the RewardsLink App from time to time.
3.3 You hereby acknowledge and are aware that TOGL reserves the absolute discretion, without prior notice to you, to amend, vary, or otherwise make any change to the value and rate of earning of Reward Points on the Platform. Reward Points are not redeemable for cash and cannot be refunded, or resold to another account or third party in any circumstances.
3.4 TOGL shall only credit Reward Points that are awarded from the Merchants which have a valid and binding agreement with TOGL with respect to RewardsLink. The agreement between TOGL and the Merchants must be in force at the time of purchase and the Merchants who are not in breach of their agreements with TOGL.
3.5 TOGL shall not entertain any disputes arising from Users regarding issuance of Reward Points from the Merchants once they have ceased to be the Merchants of RewardsLink. TOGL will also not record any Reward Points from the Merchants once they have ceased to be Merchants.
3.6 You may check your Reward Points balance on the RewardsLink App and the balance set out shall be the conclusive evidence of your Reward Points balance.
3.7 You are allowed to transfer your Reward Points to other Users within the RewardsLink App, subject to the transfer functionality made available by TOGL from time to time. Once the Reward Points have been successfully transferred, you shall have no right to reclaim, reverse, or recover the transferred Reward Points under any circumstances. TOGL shall not be responsible for any disputes arising from such transfers, and all transfers shall be deemed final and irreversible.
3.8 TOGL reserves the right to forfeit your Reward Points where it reasonable believes that there is an element of fraudulent, illegal or involves any criminal activity in connection with the transaction made on the Platform or where TOGL reasonably believes that you are in breach of the Terms of Use or your account has been dormant and/or inactive for more than twelve (12) months. You agree that you will cooperate in relation to any financial crime screening that is required and to assist TOGL in complying with any prevailing laws or regulations in place.
3.9 Each time you use Reward Points for any redemption or purchase, the validity period of all Reward Points in your account will be automatically extended for an additional twelve (12) months from the date of that transaction. However, if you do not use any Reward Points for a continuous period of twelve (12) months, all unused Reward Points in your Account shall be automatically forfeited without prior notice.
3.10 If your account was created before 30 June 2024 and no valid redemption or usage Points has been made by 1 July 2025, then all Reward Points in your Account shall be automatically forfeited on 1 July 2025 without prior notice.
3.11 Completing payment(s) by using Reward Points
(a) You may use Reward Points to offset the transaction amount with Merchants.
(b) Reward Points will be credited based on completed and successful Valid Transactions only.
(c) Payments completed via the payment solution operator of your choice are in no way under the control, care, or operation of TOGL and all transaction inquiries shall be refered to the respective payment solution operator.
(d) All payments may not reflect immediately and will be processed according to your selected payment service. Transaction reflection may take up to three (3) business days for certain Merchants.
(e) Payment for certain service(s) may incur additional fee charges.
(f) Payment for certain services(s) may have a restricted transaction limit per account.
(g) You are responsible to ensure your personal details provided during the payment process are true and correct. You acknowledge and agree that your personal details provided will be shared with the selected payment merchants, included for the issuance of official receipt to you, if applicable.
(h) There will be no refund from RewardsLink once payment(s) are done to the Merchant. Users shall be responsible to double check and confirm the account number and details prior proceed to payment.
(i) TOGL reserves the right to vary, delete or add to any of the terms and conditions of these Terms of Use at any time at TOGL’s absolute discretion without prior notice.
3.12 Reward Points are not a form of legal tender and they do not in any way constitute to any credit balance of fiat currency or property of any type.
3.13 For the avoidance of doubt, Reward Points in substance or form do not constitute e-money, a payment instrument as defined and recognized under the Financial Services Act 2013 and the Islamic Financial Services Act 2013 which is used ubiquitously in e-wallets and e-commerce for online retail or commercial transactions.
4.1 Upon signing up an Account, you are agreeable to the disclosure of your personal data and thereby grants consent to TOGL to process the information communicated by you in accordance with these Terms of Use herein including but not limited to any event as required and permitted by law.
4.2 You agree, acknowledge, understand and accept that in order to provide you with the wide range of services offered on the Platform, it is necessary for information about you ( the “Data”) to be made known or available to TOGL, its subsidiaries, its authorized agents, affiliates, suppliers, and service companies that provides support to the Platform including but not limited to securing and developing the quality and availability of the Platform, and debt collection, court orders, and the facilitation of services on the Platform.
4.3 TOGL shall use the Data collected from you to deliver to you the advertisements and offers to your e-mail address, fax, telephone, voice mail, and other appropriate mode of communication to you. TOGL shall also collate, develop, and personalize the services rendered to you with the Data collected.
4.4 TOGL may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services and/or to earn additional revenue. You hereby agree to receive such advertising and marketing. If you do not wish to receive such advertising, you shall notify TOGL in writing or in accordance with the procedure determined by TOGL. TOGL reserves the right to charge you a higher fee for or deny you the use of the services should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the RewardsLink website located at https://www.rewardslink.world/
4.5 You agree, acknowledge, understand and accept that its Data may be accessed by unauthorized third parties and TOGL shall not be held responsible for any loss or damage suffered by you arising from the unauthorized access by any third party.
4.6 You further agree and consent to TOGL to share your data and any information gathered on the Platform to TOGL’s subsidiaries, its authorized agents, affiliates, suppliers, and service companies that provide support to the Platform and any related parties in accordance with the applicable laws in place from time to time.
5.1 All intellectual property rights, whether registered or unregistered, including but not limited to trademarks, service marks, goodwill, copyrights, logos, designs and the entire contents on the Platform including but not limited to texts, photos, videos, music, sounds, graphics and software and by extension, the services and any suggestions, ideas, enhancement requests, feedbacks, recommendations or other information provided by you or any other party relating to the services are wholly owned by TOGL or where applicable, TOGL’s affiliates, partners or third party intellectual property owners.
5.2 These Terms of Use do not constitute a sale agreement and do not transfer, convey or assign to you any right, title or interest in or related to Platform or any intellectual property rights owned by TOGL, its affiliates, partners or third-party owners except for the limited license to access and use the Platform as permitted pursuant to these Terms of Use.
5.3 All other contents, materials, documents including but not limited to trademarks/service marks, logos in relation to any third party on the Platform which are wholly owned by any other third party with the express covenant, warranty and representation that the third party own and/or have the rights or are licensed to use the contents so uploaded on the Platform by you and that such contents do not infringe directly or indirectly any intellectual property rights belonging to the third party and you shall keep TOGL indemnified against any claim/liability arising there from at all time.
5.4 When you post or upload any content such as text, photo, video or any proprietary information on the Platform, it is deemed that you have granted TOGL, its subsidiaries, its authorized agents, affiliates, suppliers, the ownership of such content and the ownership of intellectual property rights. You also agree to grant TOGL the exclusive, transferable, sub-licensable, worldwide license to use, store, modify, reproduce, publicly transmit or display or distribute your content. The foregoing license shall be continuously be granted to TOGL, its subsidiaries, its authorized agents, affiliates and/or suppliers, even upon you deleting your content or account. Please note that the content that you have deleted may persist in backup copies and it may also continue to appear if you have shared it with other and they have not deleted the content. You acknowledge that you have the necessary rights to post and upload such content on the Platform and subsequently grant TOGL the license.
5.5 You agree that your content does not and will not violate any intellectual property rights of any party as TOGL prohibits any infringement of intellectual property rights including but not limited to copyright infringing activities on the Platform. You shall be solely responsible for your content and the consequences of posting, publishing, distributing or sharing it.
5.6 If you believe that your copyright, trademark or other intellectual property rights are being infringed by the other user, kindly send a written notification of such infringement to TOGL.
5.7 Further, you acknowledge and agree that you shall not:
(a) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Platform to any third party in any way;
(b) modify or make derivative works based on the Platform including but not limited to logo or watermark representing RewardsLink on the Platform;
(c) create internet “links” to the Platform or “frame” or “mirror” the Software on any other server or wireless or internet-based device;
(d)reverse engineer or access the Platform in order to: –
(e) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform;
(f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
(g) (post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or
(h) remove any copyright, trademark or other proprietary rights notices contained on the Platform;
(i) TOGL may resort to any available legal and/or equitable remedies, which may include a demand for actual or statutory damages, attorney fees, and injunctive relief in the event of a breach of the intellectual property rights of TOGL.
6.1 TOGL may block, suspend, close or cancel any sale or promotion if the Platform system is damaged or interfered with or if a system error occurs that has or may have an effect on the course of the sale or promotion. Where a sale or promotion cannot be restored, the sole remedy available to you shall be the reimbursement of the payment made by you when purchasing through the Platform or by way of Reward Points which may be used by you for the next purchase on the Platform.
6.2 TOGL shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill expenses incurred or suffered by you by reason of or in connection with the following: –
(a) any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Platform;
(b) interference by computer virus, corrupted data, malfunctions;
(c) failure or delay due to causes beyond the control of TOGL including but not limited to causes like strikes, industrial action, civil disturbances, flood, earthquake, landslides or acts of God or computer, electronic, communications or electrical systems failures of any nature whatsoever, breakdown, interruptions, non-supply, failure in the supply of electricity or power for any length of time;
(d) any operation malfunctions or defects of your computer terminal, systems or software used in accessing the Platform; or
(e) any access, use or inability to access or use of the Platform and/or any other mobile application linked to the Platform.
6.3 TOGL reserves the right to investigate and take legal action against you if you are suspected to have caused the service breakdown while using the Platform.
7.1 You agree and covenant to fully indemnify and hold harmless TOGL and its subsidiaries, licensors, affiliates, officers, directors, members, employees, attorneys and agents from and against all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements (including but not limited to legal fees) of any kind whatsoever arising from your use of and access to the Platform including any data or content transmitted or received by you.
7.2 TOGL does not and will not assess the suitability, legality or ability of any third party, service providers, retailers, advertisers and/or sponsors and you agree and covenant to fully indemnify and hold harmless TOGL and its subsidiaries, licensors, affiliates, officers, directors, members, employees, attorneys and agents from and against all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements (including but not limited to legal fees) of any kind whatsoever which may be imposed on and incurred by TOGL arising from or in any way related to any third party, service providers, retailers, advertisers and/or sponsors.
7.3 You agree and covenant to fully indemnify and hold harmless TOGL and its subsidiaries, licensors, affiliates, officers, directors, members, employees, attorneys and agents from and against all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements (including but not limited to legal fees) of any kind whatsoever which may be imposed on, incurred by TOGL in respect of any of your unlawful activities, communication, act and/or omission in any way relating to or arising out of the negligence of or misconduct of or breach of or any omission, delay or failure of your obligations under these Terms of Use herein.
7.4 You further agree that TOGL shall not be liable and responsible for your violation of any third party rights, including without limitation any right of privacy or intellectual property rights and you shall fully indemnify and hold harmless TOGL and its subsidiaries, licensors, affiliates, officers, directors, members, employees, attorneys and agents from and against all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements (including but not limited to legal fees) of any kind whatsoever relating to or arising out of third party claims.
7.5 TOGL will not be a party to disputes or negotiations between you and any third- party including service providers, retailers, advertisers and/or sponsors.
7.6 This indemnity by you herein shall survive the termination of your account or the blockage or prevention of the use of the Platform.
8.1 TOGL reserves the right to restrict conduct and/or take measures against such conduct, which TOGL shall in its sole discretion deems to be harmful, unacceptable or offensive to other users for any reason or no reason whatsoever or adversely affects administration of TOGL or the use of its Software in any manner whatsoever.
9.1 Notwithstanding the information, materials and contents on the Platform (“Contents”), you agree that the Contents herein are provided on an “as is” and “as available” basis and are of a general nature. You are under an obligation to seek independent legal advice, or other advice as you shall deem necessary before visiting, browsing, using and/or maintaining an account on or with the Platform. You accept that all data and/or information contained in the Platform are provided for informational purposes only.
9.2 TOGL, its subsidiaries, authorized agents, affiliates, suppliers, and service companies that provide support to the Platform and any related parties hereby disclaim any express or implied warranty or representation including but not limited to conditions of merchantability, warranties of title, non-infringement of intellectual property rights, usefulness, accuracy, suitability, quality or fitness for purpose of the Platform.
9.3 TOGL does not warrant or represent that access to the Platform, the materials, contents, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect shall be corrected, or that there shall be no delay, failures, errors or loss of transmitted information, that no viruses, or other contaminating or destructive properties shall be transmitted or that no damage shall occur to your mobile phone.
9.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform are entirely at your own risk and TOGL shall not be liable therefore.
10.1 TOGL, its subsidiaries, licensors, affiliates, officers, directors, members, employees, attorneys and agents shall not in any event be liable to you or any party for any direct, indirect, punitive, incidental, economic, special, consequential or exemplary damages or losses of any type or kind (including without limitation damages for personal injury, emotional distress and loss of profits, goodwill, data, goods, or other intangible losses) that result from the use or inability to use the Platform.
10.2 TOGL, its subsidiaries, licensors, affiliates, officers, directors, members, employees, attorneys and agents assume no responsibility and liability for any losses and damages whatsoever or howsoever caused, either directly or indirectly, arising from: –
(a) errors, mistakes or inaccuracies of the content posted, uploaded or shared on the Platform;
(b) an illegal access to or use of the Platform by a third party;
(c) reliance by you on any data or information made available through the Platform;
(d) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus, bugs or other malicious, destructive or corrupting code, agent program or macros; or
(e) any act of TOGL that is not intentional or negligent.
11.1 You may terminate the use of the Platform by closing or deleting your Account. However, any contractual obligations incurred before the termination of the Account shall remain in full force and effect until you completely discharge yourself by paying for any outstanding purchases and any applicable taxes or delivery charges, if applicable.
11.2 TOGL may temporarily or permanently terminate or suspend your access to your Account and the Platform at any time without notice and without any obligation to give any reasons therefore or if, in its sole discretion, it determines that you have engaged in any prohibited or unacceptable conduct and/or unlawful activity including but not limited to contravention of these Terms of Use hereof.
11.3 TOGL may also suspend or close any account permanently which has been dormant and/or inactive for more than twelve (12) months. In this event, TOGL has its sole discretion to forfeit any and/or all Reward Points of the Account and any appeal due to this matter will not be entertained.
11.4 By deleting your Account, you accept that the profile information and total unused Reward Points within the Account will be relinquished.
11.5 TOGL will not entertain any claims of Account reinstatements or unused Reward Points should a User deleted his/her Account.
11.6 In the event of any deactivation of Account, reactivation claims may be made through e-mailing support@rewardslink.world
11.7 TOGL will not be held liable for any data or Reward Points lost in the reactivation of an Account.
12.1 TOGL may give notice, whether such notice is required by law or for marketing or business- related purposes, to you via “push” mobile notification, email, ordinary post, registered mail or pre-paid post or through posting of such notice on the Platform or any other mode as determined by TOGL.
13.1 Any delay by TOGL in exercising any right under these Terms of Use herein contained shall not operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish TOGL’s rights under these Terms of Use.
14.1 Any terms, conditions, stipulations, provisions, covenants or undertaking herein contained which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other terms, conditions, stipulations, provisions, covenants or undertaking contained herein.
15.1 You shall not assign, transfer, novate, create any trust over or deal in any other manner any of your rights, obligations, covenants, undertaking and any other relevant rights governed by these Terms of Use herein without TOGL’s prior written consent. Any purported assignment or transfer by you in violation hereof shall be null and void.
16.1 These Terms of Use together with any amendments and/or any additional terms and conditions you may enter into with TOGL will constitute the entire agreement between you and TOGL and supersede all and any previous terms and conditions in respect of your use of the Platform.
17.1 Nothing in the Terms of Use shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and TOGL.
18.1 No person who is not a party to the Terms of Use shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to the terms herein contained its assent to any such term.
19.1 In the event any dispute or claim arises from or in connection with these Terms of Use or your use of the Platform, you agree to first attempt to resolve the dispute or claim with TOGL through amicable negotiations.
19.2 If the dispute or claim is unsettled, such dispute or claim shall subsequently submit to the exclusive jurisdiction of the Courts of Malaysia.
19.3 Notwithstanding Clause 19.2 above, TOGL reserves the right to seek injunctive or other equitable relief from courts in relation to protection of intellectual property rights, confidential information and/or unauthorized access to the Platform.
20.1 The use of the Platform and the Terms of Use shall be governed and construed in accordance with the laws of Malaysia.
21.1 These Terms of Use shall be prepared and executed in English and if translated into a language other than English for any purpose, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of these Terms of Use.
