1.1 Welcome to the Bigday Mobile Apps (the “Apps”). These terms and conditions (“Terms and Conditions”) apply to the Apps and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. These Terms and Conditions shall forms an agreement made between the Customer(s) and Bigday Celebration Sdn Bhd (“the Company”) (1210584-U), a company incorporated in Malaysia under the Companies Act 1965.
1.2By registering, accessing and using the Apps, the Customer shall be subject to and hereby agrees to be bound by the provisions of the General Terms & Conditions (which includes terms and conditions for the Apps Use, Rules of Acceptable Use and Privacy Statement) and the terms and conditions of the Agreement for the Apps, including without limitation as Customers, which may be updated by the Company from time to time.
1.3Unless otherwise herein defined, words and expressions used or referred to in this terms and conditions shall have the same meaning defined in the Agreement. In the event of any inconsistency between the provisions of the Agreement and these terms and conditions, the provisions of these terms and condition shall prevail.
1.4In the event these Terms and Conditions or any aspect of the Apps is restricted, suspended or changed, we will post notification in the Apps. However it is highly suggested for you to check the Terms and Conditions regularly for any changes occur.
“Agreement” means these terms and conditions in respect of the Apps;
“Apps Account” means a personal account created by the Customer in the System that is used to make transactions;
“Customer(s)” means all the subscriber(s) and/or user(s) registered for the Apps;
“Internet Payment Switching Gateway” means KiplePay which operates as payment gateway to facilitate payment within the Apps’ service.
“E-Card” means electronic card created via E-Event;
“E-Event” means all the events created by the Customer in the Apps;
“Invitee” means all guests invited by the Customers in the Apps;
“Merchant” means merchants, vendors, persons, corporations or entity registered with the Company to provide products and/or services to the Customers;
“Mobile Phone” means any SIM (Subscriber Identification Module) card enabled mobile device bearing the mobile phone number from which one can receive, access and use the product delivery code as well as the receipt;
“MSISDN” means Mobile Subscriber Integrated Services Digital Network, which is the Mobile Phone number for which Customer has been applied;
“Password” means a code to be used jointly with Username for access to the Apps;
“Phone Number” means the telephone number used by the Customers to register and/or login the
“PDPA” means the Personal Data Protection Act 2010;
“Services” means service including but not limited to the System (as hereinafter defined) owned and/or used by the Company for the purpose, including but not limited to, Registration of the Apps, to create E-Event
“SMS” means short messaging system where short text message sent to and from Mobile Phones in accordance with the prevailing standards prescribed;
“System” means the payment system platform commissioned by the Company to facilitate the payment of goods, products and services;
“TAC Code” means the authorization code randomly delivered to the Customer (relating specifically to the MSISDN) as the confirmation PIN for purposes of authorizing registration;
“The Apps” means the mobile apps named Bigday that offering products and services provided by the Company;
“The Company” refers to Bigday Celebration Sdn Bhd (1210584-U);
“Terms and Conditions” means these terms and conditions in respect of the Apps including any addendums, the terms of services, policies and procedures and all other documents which are expressly agreed to form part of the Terms and Conditions;
“KiplePay” means the service for payment gateways for the Apps provided by Webonline Dot Com
Sdn. Bhd (510377-P) bearing postal address of;
3. REGISTRATION AND ELIGIBILITY
3.1By subscribing to the Service, you warrant that you are a Malaysian citizen or a foreigner residing in Malaysia who is eighteen (18) years old and above and you are eligible to enter into a contract.
3.2 The Customer must register and be a Member of the Apps.
3.3To register for and use the Apps, the Customer must be a registered subscriber of any telecommunication provider in Malaysia and provide personal details (email address and phone number) for the purpose of registration is true and correct. Customer shall continue to be bound by the terms and conditions of the Company.
3.4In the event the Company find out that the Customer purposely and/or intentionally register the Apps with incorrect and/or false mobile phone numbers or personal information, the Company shall reserve their absolute right to suspend and/or terminate the said Apps Account registered under the said CustomerIn which event, the Company shall not be hold responsible and/or liable any losses suffered by the Customers.
3.5The Apps Account shall be in force from the date the Customer’s download and register the Apps.
3.6The Phone Number and Password shall be safeguarded and protected at all times. The access to any part of the Apps Account must be correct and complete and such access will be binding on you.
3.7If the access to the Apps Account is made by any third party with or without your authorization using the Phone Number and Password, the Company shall consider that as proper accessed and the transaction conducted shall be valid.
3.8Customer is required make payment via Online Banking (FPX) for the services render and products sold.
4. WARRANTIES AND RESPONSIBILITIES
4.1 The Customer hereby warrants the following that:
- the information provided at all time is true and correct; ii. he/she is a registered subscriber of the Apps; and
iii. he/she shall not breach any provisions of these Terms and Conditions and the Agreement.
4.2 The Customer further warrants to comply with all applicable laws, ordinances, codes, rules, regulations, notices, instructions and/or directives of the relevant authorities or any notices, instructions, directives or guidelines given by the Company in connection with the Apps.
4.3 The Customer is prohibited from fraudulently registering an Apps Account. Anyone caught impersonating another Customer, whether an individual or another legal entity, shall be fully responsible and bear for all costs and/or losses incurred as a result of their fraudulent activity. Abusing of the Account may result in immediate termination / suspension of account and report to the relevant authorities (including but not limited to the Bank, police, customs, Bank Negara Malaysia, etc).
4.4 The Apps Account is created by Phone Number and Password. In the event that the Customer shares his/her credential with others or allow others to discover and use the Apps Account, the Customer as the account holder is liable and responsible for transactions in this account. The Company shall not be hold responsible and/or liable for any losses incurred by the Customer.
4.5 The Company shall not entertain any request for reversal for wrongful entry as a result of Customer’s negligence.
4.6 Abusing the Apps Account may result in immediate termination/suspension of his/her Apps Account. The Company reserves all rights, from time to time, to request from the Customer additional information in which case the Customer shall provide the information so required, failing which, the Apps Account may be barred and/or suspended by the Company at its sole discretion.
4.7 The Customer shall immediately notify the Company upon receipt of incomplete, garbled or inaccurate data or information or any data or information, which is not intended from the Company or any doubtful information or message. The Customer shall delete such data or information from the Mobile Phone.
4.8 The Customer acknowledges that the Customer’s name and MSISDN and such other personal information may be made available as identification to another Customer, Bank, Merchant, and/or Internet Payment Switching Gateway when a transaction is affected.
4.9 The Customer hereby agrees to indemnify and hold the Company harmless for unauthorized transactions done through the Apps. It is very important to contact the Company immediately if the Customer believe his/her account has been compromised and/or used without his/her permission. If the Customer fail and/or neglected to report unauthorized transactions, the Customer will be liable and/or responsible for any damages and losses (if any) incurred.
4.10 The Company, KiplePay, Merchants, and/or Internet Payment Switching Gateway shall not be liable for any losses suffered by the Customer’s transaction in the Apps Account (which would include, without limitation, the Customer’s careless management of the Apps Account; and disclosing Password to others).
4.11 The Company does not provide any hard-copy statement of account in respect of the Apps Account. The Customer shall be responsible keep track all his/her transactions in the Apps Account.
4.12 The Customer hereby confirm and warrant that he/she shall not organize any illegal event and/or any activity which is prohibited under the laws of Malaysia via the Apps. In the event that the said activity organized by the Customer is suspected to be an illegal activity and/or prohibited under the laws of Malaysia by the Company, the Company and/or KiplePay reserve their absolute rights and discretion to suspend and/or terminate the said activity and/or the Apps account immediately until further notice.
4.13 The Customer hereby agree and consent to the Company to process his/her personal data once he/she register himself/herself as a user of the Apps.
4.14 The Customer hereby aware and agree that the Services provided by the Company via the Apps is a charged service and the Company are entitled to impose service charge for the service rendered and the Company reserve their absolute discretion to revise their service charge from time to time without giving any notice.
- In the event that E-Event has been created, the payment made and transacted by the Customer and/or the Invitee, it is non-refundable.
- The Customer shall agree that the Company shall has the absolute discretion perform the following for the purpose of the safety, security and operational reliabilities of the Apps:
- Blacklist Database – All blacklisted Phone Number, username, IP Address and emails provided by the authorities;
- Fraud Monitoring the Apps has established Fraud Unit to identify traits and patterns that are associated with fraudulent user.
6. FEE AND CHARGES
6.1Customer shall be responsible for all fee and/or charges imposed by certain payment networks for using their channels to perform transactions.
6.2Customer shall confirm and agree that there shall be administration charges imposed by the Company.
7. VALIDITY AND ACCOUNT INFORMATION
7.1 Customer hereby warrants that all information pertaining to the identity and personal circumstances of the Customer are true and correct.
7.2 The Company shall reserve their rights to request further documents to verify the information provided by the Customer and if the Customer fail to provide such requested documents within 3 working days, the Company shall reserve the right to suspend and/or terminate the Apps Account until further notice.
7.3 The user may download the Apps from playstore and/or the appstore free of charged.
7.4 The Customer hereby agree and consent the Company to disclose all their information to the relevant authority for investigation purposes upon request by the authorities.
8. DISPUTE RESOLUTIONS
8.1 Any disputes regarding the Apps Account must be communicated in writing to the Company within one (1) months from the date of such transaction(s) and Customer shall furnish with all necessary supporting documents as and when requested.
8.2 Customer agree and consent to the disclosure and release by the Company of any information in the possession of the Company, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the transaction(s) under the Company.
8.3 Customer may report any complaint or raise any issue by sending email to email@example.com with the response time forty eight (48) hours.
8.4 Customers are required to provide Full name, phone number, identity card number and Transaction ID when reported an issue.
8.5 Any dispute raised, Customer further agrees that the Company shall the rights to terminate/suspend the Apps Account pending investigation.
9. REPRESENTATIONS AND WARRANTIES: DISCLAIMER
9.1The Apps is provided on an AS IS basis without any representations or warranties of any kind whether express or implied to the fullest extent permitted by law.
9.2 Although the Company will use reasonable endeavors to ensure that the Apps is secure and cannot be accessed by unauthorized third parties, the Company does not warrant the security or confidentiality of any information transmitted through the System or such other equivalent system in any jurisdiction via the Apps.
9.3 It is expressly agreed and declared by all parties hereto that the Company shall not be liable or responsible to the Customer and/or any other person(s) for any losses, damages, costs or expenses whatsoever suffered by such person(s) arising out of or in connection with the issue, use, withdrawal and/or termination of the Apps resulting from or in consequence of any act or omission by the Company.
9.4 The Company shall not for any reason whatsoever be liable for damages suffered or loss by the Customer under any circumstances whatsoever whether or not such circumstances relate to or arise out of these Terms and Conditions including but not limited to non-acceptance for any reasons whatsoever of the Apps by any Merchant, person or body, restriction or cancellation of the Apps Account, or under any other circumstances.
10. TERMINATION / SUSPENSION
10.1 The Company reserves the right, at its absolute discretion and at any time, to immediately suspend/terminate the Customers use of the Apps Account for any reason, including but not limited to the following circumstances:
- in the opinion of the Company, the Customer had indulged in anything which is dishonest, fraudulent, illegal, misrepresentation and/or criminal in nature;
- the Customer is in breach of any of the provisions of these Terms and Conditions or engages in any conduct prejudicial to the Company;
- the Customer is in breach of any acts, statutes, laws, by-laws, rules and/or regulations imposed by any party, regulatory body or government agency;
- The Customer has submitted false documents or declares false information in relation to the application for the Apps.
11. CONSEQUENCES OF SUSPENSION / TERMINATION
11.1 The Customer further agrees that should the Company terminate/suspend the Apps pursuant to Clause 10.1.
11.2 The Company shall not be performing reconnection or reactivation of Customers the Apps Account upon termination.
12. AMENDMENT AND MODIFICATION OF AGREEMENT
12.1The Company shall reserve all their absolute rights to amend the terms and conditions of this Agreement from time to time without further notification.
12.2 In the event the Company amend the Terms and Conditions or Agreement as well as regulations, procedures or fee rates in relation to the Apps, the Company shall update the same via the Apps and website.
12.3 The Customer hereby agrees that, he/she shall comply with all instruction manuals and other documents in relation to the Apps, whether current or subsequently issued by the Company.