This is the terms and conditions (“Terms”) governing the use of the bigR Card between You, the Cardholder and Damansara Technology Sdn Bhd (“DTech”), the Issuer of the bigR Card, that shall be binding on You.
1.1. These Terms shall be applicable and binding on all types of bigR branded products and services issued or offered by DTech including the products and services that are co-branded with DTech’s respective partners.
1.2. Additional terms and conditions may also apply, if applicable, to the other bigR branded products and services, and/or co-branded bigR Card and services offered thereunder. The terms and conditions for those respective products will be informed to You from time to time, and You will be bound by them in addition to the Terms stated herein.
2.1. To simplify this Agreement for You, the following definitions will apply
“Account” means your bigR account designated, maintained and operated by DTech in relation to your bigR Card and other services offered by DTech;
“Agreement” means this Cardholder Agreement;
“Card” means a card in a physical form bearing the name and brand of bigR and/or the service marks of bigR issued by DTech pursuant to this Agreement;
“Cardholder” means You, an individual who has personally applied for and has been granted and issued the Card by DTech;
“DTech”, “bigR”, “Issuer”, “we”, “us” and “our” means Damansara Technology Sdn Bhd, the issuer of the Card or anyone we assign our rights to;
“Fees” means any fee and/or charges such as account service fee, replacement card fee, charges for Alert, charges for reload of value, and such other fees and charges related to the Card, as DTech may impose and prescribe from time to time, and shall include Subscription Fee;
“Merchant” or “Merchants” means retailers, or any persons, firms or corporations that accept bigR Cards;
“Platform” means the bigR website, mobile site, mobile app, bigR Card platform, and any other platform as me be provided by DTech from time to time for the purpose of its bigR Card;
“Reload Channels” means any payment method, channels or centres for the Cardholder to reload the Account;
“Subscription Fee” means the price of the Card that You are required to pay or imposed on You when You apply, sign up, subscribe and register for the Card;
“Transactions” means all transactions effected through the use of the Card; and
“Customer”, “You”, “your”, or “yours” means you, the Cardholder.
3.1. By applying and subscribing for the Card and/or by retaining or using the Card, You warrant and represent that:
(i) You are at least eighteen (18) years of age;
(ii) You are a Malaysian citizen, or a Malaysian permanent resident, or a foreigner legitimately residing or gainfully employed pursuant to a working visa and has a valid mailing address in Malaysia;
(iii) all of the personal information provided by You to us is true, correct and complete; and
(iv) You have read, understood and accepted all the Terms contained in this Agreement and in connection with the use of the Card, and that they are legally binding on You.
3.2. In applying the Card, You shall provide all the information required by us during the registration process, accept the terms and conditions of the Card and pay the one-off Subscription Fee in order for your application to be successfully processed.
3.3. DTech will not process your Card application unless the Subscription Fee has been paid.
3.4. We reserve the right to reject, terminate and/or decline your Card application without assigning any reasons whatsoever at our sole and absolute discretion, and our decision shall be final and conclusive.
3.5. All of the personal information provided by You during the application for the Card will be deemed as true, correct and complete, and bigR shall not be held liable nor responsible for any error or omission made by You, which may result in any loss suffered by You.
4.1 You hereby agree and undertake to pay all Fees arising out of and in connection with the use of your Card and our Platform pursuant to this Agreement, which includes amongst others, the Subscription Fee, account service fee, replacement card fee, charges for Alert, charges for reload of value, and such other fees and charges related to the Card as we may prescribe from time to time.
4.2 DTech shall have the right to impose Ringgit Malaysia Fifty (RM50) for the Subscription Fee or any other amount as may be revised by DTech, and shall also have the right to waive the Subscription Fee or any Fees for whatsoever reasons.
4.3 We reserve the right to revise any Fees or to charge additional Fees (if necessary) for new services (which are optional), which may be offered by DTech from time to time.
4.4 All Fees paid to or in connection with the Card to us are non-refundable under any circumstances whatsoever.
4.5 DTech reserves the right and shall be entitled to retrospectively charge those said applicable Fees upon or once the Cardholder has reloaded the Card, or whenever the Account has sufficient balance of funds.
5.0 DELIVERY OF THE CARD
5.1. Once approved and processed, your BigR Card will be delivered to You within fourteen (14) working days after we have received your Subscription Fee payment. Please ensure You have stated the current and correct mailing address in your application details to avoid your Card being sent to the wrong address.
5.2. DTech shall not be responsible in the event of any error in your application or if You have keyed in wrong mailing address details or if You have not received your Card due to the fact that the mailing address details given by You are wrong, inaccurate, not up to-date or not complete. We shall further not be responsible if we have sent your Card to the mailing address as stated in your application details and in our records but You have not received your Card.
5.3. You must have a mailing address in Malaysia to enable us to process and approve your application. Mailing addresses outside Malaysia and addresses bearing P.O. Box numbers will be rejected and we will not process or approve such applications.
5.4. In exceptional cases, and on a case-to-case basis, if your Card is returned to us, and You thereafter wish to collect your Card directly from us, You may do so (upon our notification and arrangement for a suitable date and time) but You must bring along your original identification documents for Card collection purposes. Only You, the Cardholder (as named in the application details) can personally collect your Card.
6.0 ACTIVATION OF THE CARD
You must activate your Card first before You can use it to make any Transactions.
7.0 RELOADING THE CARD
7.1. The reloading of funds to the Account can only be in Ringgit Malaysia or any other currency equivalent to Ringgit Malaysia as may be recognised and determined by DTech from time to time, which shall include the recognised cryptocurrency by DTech.
7.2. You agree that DTech shall not be liable to You in the event of delay in crediting of such funds into the Account where such delay is not attributable to the fault of DTech.
7.3. All reloads of funds shall not be considered to have been made until all relevant funds have been received and processed as good value by us. Reloading of additional value to the Card may be delayed until we have actually received and processed the actual payment. During such delay, the amount transferred will not be available for You to use.
7.4. We reserve the right to accept or reject any request to add additional value to the Card or any reload made onto the Card and/or Account. DTech reserves its right to impose service fee or charge upon You reloading your Account, which will be chargeable by our authorized reload agents.
7.5. Our Reload Channels are not exhaustive and may change or be replaced from time to time. For Reload Channels operated by our authorized agents or partners, please note that a fee or charge may be levied by the respective agents or partners. You may check with the respective agents and partners for the applicable reload fees charged by them or alternatively You may refer to our Platform.
7.6. You agree that we shall not be liable to You in the event of delay in any loading of funds into your Card where such delay is not attributable to our fault.
7.7. We reserve the right to suspend, revoke and/or block any reloads to your Card and/or Account which we discover and/or which we have been informed by any third parties to be irregular, suspicious, illegal or unauthorized, and we shall be entitled to take any action against You as may be deemed necessary for such transactions, including blocking suspending and/or terminating your Card and Account.
8.1. The Card is valid for three (3) years. After three (3) years, You will be issued with a new Card unless otherwise instructed by You or as otherwise determined and/or declined by us.
8.2. Without prejudice to the foregoing, the renewal of a new Card by us for You upon the expiry period shall be at our sole and absolute discretion. We may decline any renewals or requests for replacement Cards at our sole and absolute discretion, and our decision shall be final and conclusive.
9.0 USE OF THE CARD
9.1. All Cards are issued with contactless functionality. Once the Card is activated, You may start to use the Card to purchase goods and services anywhere a bigR card is accepted (subject to certain limitations). Each time You use the Card to purchase or make payment for goods or services, You hereby authorize us to deduct your funds from your Account.
9.2. The Card is non-transferable and shall only be used exclusively by You as the Cardholder.
9.3. Your Card shall not be pledged by You as security for any purpose whatsoever.
9.4. You shall not give the Card or your Account details to any third party or allow any third party to use your Card for charges, identification or any other purpose. If You do so, You will be liable for all charges made with the Card as a result thereof.
9.5. You should frequently review your Account to check and verify your Available Balance before using your Card. You must always ensure that there are sufficient funds in your Account to pay for each transaction and to cover the total amount transacted on your Account, including purchases, recurring transactions, Fees and other charges.
9.6. If the total amount in your Account is insufficient, your transaction will be declined and in the case of recurring declined transactions, You would have to make your own arrangements for payment with the recurring Merchant. If You have not paid any of the Fees (as may be applicable), your Card cannot be used and we will be entitled to block, suspend and/or to terminate your Account.
9.7. Without prejudice to the above, we shall not be responsible for the refusal of any Merchant or affiliates to honour or accept your Card.
10.0 ACCOUNT SETTING
You will be solely responsible for your own personal Account settings, and DTech shall not be held liable for any errors or losses incurred or suffered by You as a result of any personal settings or information set or keyed in by You in the Platform.
11.0 BIGR CARD
11.1. Your Card is and shall at all times remain our property and shall be surrendered to us immediately upon our request and may be repossessed by us at any time.
11.2. By applying for and subscribing to the Card and/or by retaining, using or authorizing the use of the Card, You agree and undertake:-
1.0 not to use the Card to purchase illegal goods or services or to use it for any unlawful and/or fraudulent activities;
2.0 to promptly notify us of any loss or theft of the Card; and
3.0 to abide by and to only use the Card strictly in accordance with the terms and conditions of this Agreement.
11.3. You cannot use your Card for business and/or commercial purposes which are deemed to be unacceptable by us and we shall be entitled to block the authorization for the use of the Card for such activities.
11.4. If the Card is used in a manner other than as permitted by this Agreement, to the extent permitted by law, we may, at our option and without waiving any of our rights, recognize the transactions accordingly.
11.5. Any online betting and/or gambling activities are prohibited and You agree that we do not owe You any duty and/or obligation whatsoever to monitor and block the use of the Card for any unlawful activities. If we do find that your Card has been used for unlawful or fraudulent activity, we shall be entitled to suspend, block and/or terminate the use of the Card immediately without prior notice to You.
11.6. Notwithstanding the above, DTech reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion.
12.1. The Cardholder is the individual who personally applies for and has been issued the Card.
12.2. As a Cardholder, You will be able to transact at all designated bigR Merchants, make retail purchases at locations displaying the bigR acceptance mark, carry out online transactions, reload your Card at our available Reload Channels, access and view your Account balance and transaction history on the Platform, and carry out all other functions associated with the Card.
13.0 CARD SERVICES AND/OR PRODUCTS
13.1. We may from time to time introduce new services, offers or programs in relation to the use of your Card including but not limited to services, offers or programs that offer promotional items or other special terms as we may apply from time to time to a category of transactions.
13.2. We will notify You of the terms and conditions of such services, offers or programs at the time of the introduction of the services, offers or programs (if any). The terms and conditions of such services, offers and programs are binding on You as if the same are contained here.
13.3. More than one service(s), offer or program may apply to your Card at the same time.
13.4. We are entitled to introduce and terminate any such service, offer or programs from time to time at our absolute discretion.
14.0 DISPUTED TRANSACTIONS
14.1 We are not responsible and shall not be liable for the goods and services purchased or paid with your Card, whether at the Merchant’s premises, written instructions sent by mail, email, facsimile, telephone order, online via the internet or any other means by which You have authorized the use of your Card for the purchase of goods and services.
14.2 We are further not responsible for the delivery, quality, safety, legality, fitness for purpose or any other aspect of the goods or services (including any defects or deficiency in any goods or services) purchased by You from Merchants with your Card.
14.3 All disputes involving the same should be addressed directly to the Merchants from whom the relevant goods and services were purchased. You agree to settle all disputes directly with the Merchant who honoured your Card and You shall pay us all amounts required under this Agreement despite such disputes.
14.4 You shall not be entitled to set-off or counterclaim against us or to withhold payment to us on account of such complaint or under any circumstances whatsoever in respect of your claim against the Merchant.
14.5 You shall not initiate any claim or take legal action against us for any claim You have against the Merchant or for any issues with regards the delivery, quality, safety, legality, fitness for purpose or any other aspect of the goods or services purchased by You from the Merchant.
15.0 INTERNET TRANSACTIONS
15.1 If You use your Card to purchase goods and/or services through the online internet sites or portals, You shall be solely responsible for the security of such use at all times. You agree that the entry of your Card information on the Internet shall be sufficient proof of the authenticity of such instructions.
15.2 We are under no obligation to verify the identity or the authority of the person entering your Card information and we shall not be liable for acting on such use of your Card regardless of whether the person is authorized or unauthorized and regardless of the circumstances prevailing at the time of the transaction. However, we reserve the right not to process any such transaction over the internet if we have any reason to doubt its authenticity or if in our opinion it is suspicious in nature, unlawful or otherwise improper to do so or for any other reason.
15.3 Notwithstanding the above, DTech reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion.
15.4 In the event of any unauthorized person or the unauthorized use of your Card or your Card is lost or stolen, You must immediately notify us. Our Customer Service will block your Card upon receipt of your notification. You should then send a confirmation in writing to us.
15.5 We shall not be responsible and shall not be liable for any transaction as a result of the loss or theft or misuse of the Card, occurring prior to You reporting the loss or theft of the Card to us.
15.6 Without prejudice to our rights and notwithstanding that You may have exercised all reasonable precaution to prevent the loss or theft or unauthorized use of your Card, and You have reported the loss or theft or unauthorized use thereof, You shall remain liable to us if You have acted fraudulently or if You were involved in the procurement of goods or services supplied by any Merchant, or if You have failed to inform us upon discovering that your Card has been lost or stolen or used for purposes unauthorized by You.
15.7 If You later find the lost or stolen Card, You should not further use the Card but shall cut it into half and dispose of it immediately or return the same to us. Upon the loss or theft of your Card or upon discovery that an unauthorized person or persons have acquired knowledge of the use of your Card not authorized by You, You may request us to issue a replacement Card and we shall have the right at our sole discretion to accept or to refuse such request without having to assign any reason whatsoever. We are under no obligation to issue a replacement Card automatically following its loss or theft.
15.8 Any replacement Card will be subjected to a replacement card fee, unless waived by us at our sole discretion. The balance of funds from your previous lost or stolen blocked Account will be transferred to the new Account accordingly.
15.9 If we do not issue You a replacement Card, the balance in your lost or stolen Card will be refunded to You (less any applicable fees and charges) after thirty (30) business days via cheque or by depositing it into your bank account or in any other manner in accordance with our internal policies.
15.10 DTech will refund available balances in Ringgit Malaysia only.
16.1 We shall be entitled from time to time to contact You via electronic transmission (including, but not limited to email communication and fax), short messaging service or via telephone correspondence, and any other means of exchange communication in respect of, but not limited to, the confirmation of transactions, whether or not You transacted the same, status of your Card and Account, communication on promotions (and promotional items) for the Card, and for any other matters relating to the Card.
16.2 The information in respect of any electronic transmission may be subject to certain time lags and/or delays. The features of any such notice may at any time be varied or discontinued by us, with or without notice, at our absolute discretion.
16.3 Blocking, suspension, cancellation and/or termination of Card by DTech due to suspicious, fraudulent, unusual, irregular or unauthorized activity.
16.4 We may at our sole and absolute discretion, limit, block, suspend or terminate your use of the Card and Account if we detect any unusual, irregular, suspicious, fraudulent or unauthorized activity on your Card and/or Account; or suspect misuse of your Card and/or Account; or there is a contravention; non-adherence or breach by You of any of the provisions of this Agreement.
16.5 We shall have the right to withdraw at our absolute discretion, all or any of the facilities provided by us, with or without notice and without assigning any reasons for it, and in such circumstances if we so deem fit to terminate use of your Card notwithstanding that we may have waived our rights on some previous occasions. We may refuse to issue a Card or may revoke the Card privileges with or without cause or notice, other than as required by applicable law.
16.6 If we detect unusual, irregular, suspicious, unauthorized or fraudulent activity on your Account, we may suspend and block the use of your Card and its account immediately as security/precautionary measures (with or without prior notice to You) until we can verify the activity.
16.7 If we decide to cancel or suspend or block the use of the Card, we will attempt to notify You via phone or electronic mail or any other means of communication.
16.8 You agree not to use or attempt to use an expired, revoked, blocked, suspended, terminated or otherwise invalid Card.
16.9 DTech’s cancellation of Card privileges will not affect your rights and obligations pursuant to this Agreement.
16.10 If we cancel or suspend your Card privileges through no fault of yours, You will be entitled to a refund of any remaining balance on the Card as provided in this Agreement.
16.11 If we cancel and terminate your Card due to the abovementioned reasons, we reserve the right not to refund any balances of funds existing in your Account and we shall be entitled to retain the same at our sole discretion, and/or as may be required by the relevant governing authorities.
16.12 We also reserve the right to take any action against You as may be deemed necessary or as may be required under governing laws or by the relevant governing authorities.
17.0 VOLUNTARY CANCELLATION AND TERMINATION OF CARD BY CARDHOLDER
You may at any time of your own accord cancel your Card and Account by sending a notice in writing and/or email notification to us. We will then terminate the Card and any balance of funds on the Card will be refunded to You. You shall remain liable for any Transactions effected through the use of your Card prior to and post termination for the use of your Card.
18.0 REFUND OF BALANCE OF FUNDS UPON TERMINATION OF CARD
18.1 Upon termination of the use of your Card, whether by DTech or You, subject to all Transactions having first been settled with the relevant third party, the balance of funds on the Account shall be refunded to You (less any applicable fees and charges) after thirty (30) business days from the date we have confirmed the receipt of your request to process the cancellation of your Card together with your valid and current mailing address submitted by You to us within fourteen (14) days from the date of You notifying DTech of your intention to terminate the Card.
18.2 In the event of any delay on your part in confirming your valid and current mailing address within three (3) business days prior to the fourteenth business day, then DTech will only be able to process the refund from the date we receive the Cardholder’s valid and current mailing address.
18.3 If we do not receive any confirmation in writing from the Cardholder with respect to his valid and current mailing address within the fourteen (14) business days from the date of our request for the said confirmation, then we will not be able to refund the said balance within the stipulated time frame above and shall only refund the same to You upon the receipt of your confirmation in writing of your valid and current mailing address.
18.4 The balance on your Card will be refunded to You via cheque or by depositing it into your bank account or in any other manner in accordance with our internal policies.
18.5 DTech will refund any Available Balances in Ringgit Malaysia only.
19.0 DORMANT ACCOUNT
19.1 We reserve our right to terminate your Account and forfeit any available balance below Ringgit Malaysia Ten (RM10) if your Account has been left dormant for at least one (1) year.
19.2 If the available balance of the dormant Account is more than Ringgit Malaysia Ten (RM10), the available balance shall be treated pursuant to the Unclaimed Moneys Act 1965.
20.0 BALANCE TRANSFER UPON NEW CARD APPLICATION OR RENEWAL
If there is a balance of fund remaining on the Account upon the expiration of the Card, and You decided to renew your card (subject to our approval), then the balance of funds will be transferred to your new Card.
21.0 VARIATION OF TERMS
21.1 Subject to the limitations of applicable law, we may at any time vary, revise, change, amend, withdraw, substitute or remove any of the terms and conditions of this Agreement.
21.2 Any such amendment shall be effective twenty-one (21) days after the revised terms have been posted on our Platform. And thereafter such posting on our Platform, the revised or new terms will apply to the Card, including, without limitation, all future transactions made using the Card.
21.3 We may also issue a notice via email, electronic correspondence or any other modes of communication to You concerning any variation, revision, amendment, withdrawal, substitution, removal or change.
21.4 Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card or any related payment system.
21.5 The retention or use of your Card after the effective date of any variation, amendment, revision, substitution or change of terms and conditions shall be deemed to constitute your acceptance of such variation, revision or change without reservation by You.
21.6 If You do not accept the proposed variation, amendment, revision, substitution or change, You are entitled to terminate the use of your Card by contacting us, and the provisions relating to termination above shall apply.
21.7 Notwithstanding the above, we specifically reserve the right to withdraw or terminate the Card program (in whole or in part), any program, feature, function or benefit thereunder at any time with or without prior notice at our sole discretion. We may from time to time issue additional terms and conditions for the Card, if required.
21.8 The latest version of the terms and conditions will be on our Platform. We advise You to check the terms and conditions of the Card regularly whenever You visit our Platform to ensure that You have seen it and are aware of our latest or updated terms and conditions of the Card.
22.0 COSTS AND EXPENSES
You hereby agree that if we initiate legal proceedings against You because of a default in the terms of this Agreement, You shall be liable to pay to us all legal costs (including costs on a solicitor and client basis), other costs, charges and expenses which we may incur in enforcing or seeking to enforce any of the provisions of this Agreement or in obtaining or seeking to obtain payment of all or any part of the monies owing by You.
23.1 You shall hold us harmless and indemnify us against any liability for loss, damage, costs and expenses (legal or otherwise including all costs on a solicitor and client basis) which we may incur by reason of any of the provisions herein or in the enforcement of our rights hereunder this Agreement.
23.2 You shall also hold us harmless and indemnify us against all costs (including taxes and any charge) that we may incur in the event that we initiate recovery proceedings in relation to any amount that is due and owing from You to us pursuant to this Agreement.
24.0 SERVICE AND/OR NOTIFICATION
24.1 You irrevocably consent to the service of any document, material, product material, notice or statement hereunder by ordinary post to your last known address in our records and such service shall on the 5th day after posting, be deemed to be good and sufficient service of such process or documents.
24.2 You hereby agree that if any action is begun in the courts in Malaysia in respect of this Agreement, the legal process and other documents may be served by posting the documents to You at your last known address in our records and such service shall on the fifth (5th) day after posting, be deemed to be good and sufficient service of such process or documents.
24.3 Any notice or other document to be given under this Agreement and all other communications by You to us with respect the legal process shall be in writing and may be given or sent by hand, or registered post to us at the address set out below:
Damansara Technology Sdn Bhd
Lot 10.3, Level 10, Wisma Chase Perdana
Off Jalan Semantan, Bukit Damansara
50490 Kuala Lumpur
or to such other address as we may give notice to You from time to time.
25.0 ISSUES OR COMPLAINTS WITH RESPECT TO THE CARD
You may contact our customer service team via the contact details stated in our Platform for any issues You may have regarding the Card or to lodge any complaints with respect to the Card.
26.1 Our acceptance of any terms or payments or any waiver by us of our rights or any indulgence granted to You shall not operate to prevent us from enforcing any of our rights hereunder this Agreement nor shall such acceptance operate as consent to the modification of any of the terms of this Agreement in any respect nor shall such waiver of rights affect our other legal right.
26.2 The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
We shall be entitled at any time without your consent assign the whole or any part of our rights or obligations under this Agreement with or without notice to You. This Agreement and/or Card shall not be assigned by You to any other third party without our written consent.
28.0 SUCCESSORS BOUND
This Agreement shall be binding upon and ensure to the benefit of our respective successors in title and assigns provided that You may not assign your rights and obligations under this Agreement without our prior written consent.
29.0 SEVERABILITY OF PROVISIONS
If any of the provisions of this Agreement becomes or is determined to be invalid, illegal or unenforceable in any respect under any law, rule or regulation, the remaining terms of this Agreement shall not be affected, and all other provisions of this Agreement will still be valid and enforceable and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.
30.0 GOVERNING LAW AND JURISDICTION
This Agreement is a contract made under the laws of Malaysia, and shall be governed by and construed in accordance with the laws of Malaysia. You consent and agree to submit to the exclusive jurisdiction of the Courts of Malaysia concerning all matters arising out of or in connection with your use of the Card under this Agreement.
31.0 PROVISION OF FURTHER DOCUMENTS
You undertake to provide or execute such further documents as may be requested by us from time to time (if required).
32.0 NOTIFICATION OF CHANGE
32.1 You should always ensure that You provide us with your most updated and current personal particulars and information, including your mailing and correspondence/permanent address, contact number, electronic mail address and other required details in order to ensure that your records with us are kept up to date, complete and accurate.
32.2 If any information supplied by You changes during the course of your Account with us, You should notify us immediately to enable us to update your information in our records.
32.3 You shall promptly notify us in writing of any change in your mailing, permanent, correspondence or office address, electronic mail address or contact number.
33.0 FEATURES AND BENEFITS RENEWABLE
In line with our commitment to upgrade the Card services and benefits we may review and revise any of the features and benefits appearing in our Platform or listed in any brochures or communication materials printed by us from time to time.
34.0 USE OF THE PLATFORM’S TERMS AND CONDITIONS AND PRIVACY NOTICE
As at 11 September 2019.