Terms & Conditions

Effective Date:

Welcome to Flexagift ("we," "our," or "us"). By accessing and using our website and services, you agree to the following terms and conditions. Please read them carefully. If you do not agree with any part of these terms, kindly refrain from using our website.

Introduction

Flexagift operates as an authorized third-party seller and digital distributor of mobile vouchers, including cash vouchers and product vouchers by various brands. We act as an intermediary between customers and voucher issuers, facilitating digital purchases and deliveries. However, we do not control, own or warrant the products, services or performance of the voucher issuers or the issuance of the vouchers and are not responsible for the terms and conditions imposed by the voucher providers. We shall not be held liable for any failure or refusal by such issuers to honour the terms of their vouchers.

By using our website, you acknowledge and accept that all transactions are subject to the terms set by the respective voucher issuers and third-party partners, with whom users enter into a separate contractual relationship. Our role is limited to facilitating the sale and digital delivery of vouchers while ensuring a secure and user-friendly purchasing experience.

Compliance with Laws

We operate in compliance with Malaysia’s Electronic Commerce Act 2006, the Consumer Protection Act 1999 (CPA), and the Personal Data Protection Act 2010 (PDPA) ensuring that all transactions on our platform are legally binding, secure, and transparent. Your Consumer Rights Under the CPA:

1. We uphold the right to clear and accurate information by ensuring that all descriptions of vouchers, their terms of use, and expiry dates are clearly stated on our platform.
2. We recognise the right to Refunds and returns which are only applicable in cases where a voucher is found to be defective, invalid, or does not match the description provided at the time of purchase.
3. We uphold the right to secure transactions and data protection by complying with the Personal Data Protection Act 2010 (PDPA) to protect user data and ensure compliance with privacy laws.

Account Registration

1. Users must create an account to complete purchases.
2. Account details, including name, email, and payment information, must be accurate and up to date.
3. Users are solely responsible for maintaining the confidentiality of their login credentials and must immediately notify the Company of any unauthorized use or security breach. Users must keep login credentials secure. We are not responsible for unauthorized transactions resulting from compromised credentials.
4. We reserve the right to suspend or terminate accounts found to be engaging in fraudulent activity.
5. We shall not be liable for any loss or damage arising from failure to comply with this obligation.

Orders and Payments

1. An order confirmation email is sent to the Customer upon placing an order. However, this does not guarantee acceptance of the order.
2. We accept payments through various secure methods, including via credit/debit cards, e-wallets, and other secure payment gateways.
3. All prices are displayed in Malaysian Ringgit (MYR) and include applicable taxes.
4. Refunds are only issued for defective, invalid, or misrepresented vouchers. Customers must report such issues within 7 days from the date of purchase.
5. All payments are processed using encrypted technology and secure payment systems to ensure customer security.

Delivery of Vouchers

1. Vouchers are sent to the email address provided by the Customer at the time of checkout.
2. While most vouchers are delivered instantly, some orders may take up to 24 hours due to necessary verification processes.
3. Customers must adhere to the voucher issuer's redemption policies and expiry dates set by the respective voucher issuer.
4. We are not responsible for lost vouchers once they have been delivered. Digital vouchers are deemed successfully delivered once transmission to the registered email address is completed and verified by system logs. Customers are responsible for ensuring the accuracy of their email address and should store their vouchers securely. We shall not be liable for any loss arising from user negligence, email access issues, or unauthorized third-party access after successful delivery.

Voucher Terms & Conditions

1. Each voucher has a specific expiry date as determined by the issuer. Expired vouchers cannot be refunded.
2. Some vouchers may have restrictions, such as location-based redemption or limited product applicability. These terms shall be made available to Customers at the point of purchase. Customers must read and understand these terms before purchase.
3. Unless stated otherwise, vouchers are non-transferable and may only be used by the original purchaser.

Dispute Resolution

If you experience an issue with a purchase, follow these steps:

1. Informal Dispute Resolution
   • Contact our support team via email or phone with your order details and issue description.
   • We will review and respond within 7-10 business days.
   • Possible resolutions include refunds, replacements, or technical support.
2. Mediation
   • If unresolved, both parties may agree to enter mediation with a third party.
   • Mediation costs will be covered by Flexagift unless agreed otherwise.
3. Tribunal for Consumer Claims
   • If mediation fails, customers may lodge a complaint with the Tribunal for Consumer Claims Malaysia.
   • The Tribunal handles claims up to RM 50,000 for individuals and RM 100,000 for businesses.
4. Arbitration (Optional)
   • If both parties agree, disputes can be settled via arbitration.
   • The arbitrator's decision is final and legally binding.

Intellectual Property

1. All intellectual property on this website, including but not limited to content such as (logos, trademarks, text, images, software) belongs to Flexagift or its partners and is protected by copyright laws.
2. Customers are granted a limited, non-exclusive, and non-transferable license to access and use the platform solely for personal and non-commercial purposes.
3. Unauthorized use, copying, or modification of content is prohibited.

Non-Disparagement Clause

1. Customers agree not to make, publish, or communicate any statement, whether written or verbal, in any medium that may reasonably be construed to disparage, defame, or otherwise harm the reputation, credibility, or goodwill of Flexagift, its services, its platform, or its business partners.
2. This includes, but is not limited to, statements made on social media, public forums, online reviews, or any digital or print platform. While this clause is not intended to restrict users from expressing genuine dissatisfaction through proper customer service channels, it is intended to prohibit malicious, false, or defamatory remarks made in bad faith.
3. Nothing in this clause shall prevent users from exercising their legal rights or making reports to regulatory authorities in good faith.

Limitation of Liability

To the fullest extent permitted by Malaysian law, we disclaim all liability for such events, including but not limited to:

1. Payment failures, service disruptions, or technical issues beyond our control.
2. Issues related to voucher redemption, including non-acceptance by issuers or expired vouchers.
3. Indirect, incidental, or consequential damages arising from your use of our platform.

Our total liability in any event shall not exceed the amount paid for the purchase in question.

Privacy & Cookie Policy

1. We collect user data such as name, contact information, and transaction history to process orders and improve customer service.
2. Personal data is used for order fulfillment, account management, fraud prevention, and marketing (if consent is provided).
3. We implement encryption, access controls, and secure storage practices to safeguard user information.
4. We do not sell personal data. However, we may share it with trusted service providers for payment processing, fraud prevention, and order fulfillment.
5. Our website uses cookies to improve user experience, personalize content, and analyze traffic. Users can adjust cookie settings in their browser.
6. Users can opt out of marketing communications and manage cookie preferences at any time.
7. We may retain personal data as long as necessary for operational, legal, and regulatory purposes. Upon request, users may delete or update their data.
8. For full details, please refer to our Privacy Policy, which governs the collection, use, and retention of personal data.
9. By continuing to use this website, you consent to the use of cookies and related tracking technologies as described therein.

Termination of Use

We reserve the right to suspend or terminate user access if:

1. Fraudulent, abusive, or illegal activity is detected.
2. A user violates any terms outlined in this agreement.
3. An account remains inactive for an extended period.

Governing Law

These Terms & Conditions are governed by Malaysian law. Any disputes shall be subject to the exclusive jurisdiction of Malaysian courts.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms & Conditions due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, pandemic, government restrictions, power outages, cyberattacks, or failures of telecommunication networks or third-party service providers. In such cases, obligations will be suspended for the duration of the event.

Other Terms & Conditions

1. We reserve the right to update or modify these Terms & Conditions at any time, with such changes taking effect upon posting on the website. Continued use of the platform after such modifications constitutes acceptance of the revised terms.
2. If any provision of these Terms & Conditions is found to be unlawful, void, or unenforceable under applicable law, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Contact Us

For questions or concerns, contact us at:

Acknowledgment

By using our website and making a purchase, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.