1.1     Welcome to the BOLD.Pay Shop (the “Platform”). Please read the following Terms of Services carefully before using this Platform or opening a BOLD.Pay Shop account (“Account“). The “Services” we provide or make available include (a) the Platform, (b) the services provided by the Platform, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Platform or its related services (“Content“). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of the Services.  

1.2    These Terms of Services stated herein constitute a legal agreement between you and Macro Mobile Services Sdn Bhd [Registration No. 200201024627 (592290-M)] (“MMSSB”, “we”, “us” or “our”).

1.3     The Services include an online platform service that provides a place and opportunity for sale of goods between you and the seller (“Seller”). The actual contract for sale is directly between you and Seller and BOLD.Pay Shop is not a party to that or any other contract between you and Seller and accepts no obligations in connection with any such contract.

1.4    Before becoming a user of the Platform (“User”), you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy.

1.5    We reserve the right to change, modify, suspend or discontinue all or any part of this Platform or the Services at any time or upon notice as required by local laws. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or Services in our sole discretion and without notice or liability.

1.6    We reserve the right to refuse to provide you access to the Platform or Services or allow you to open an Account for any reason.

BY USING OUR SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

2.1 Your privacy is very important to us. To better protect your rights, we have provided the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Platform, you:

(i) consent to our collection, use, disclosure and/or processing of your personal data and User Information as described in the Privacy Policy;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and us; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without our prior written consent.

2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and
(iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

3.1 We grant you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Platform are our property and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services, you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell or create derivative works of any portion of the Services, the Platform or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of he contents of this Platform on nay server or as part of any other Platform. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Platform)

3.2 You acknowledge that we may, in our sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Services. We reserve all rights to the software not expressly granted by us hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by us.

5.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. We have not reviewed, and assume no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Services and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Platform, (c) immediately notify us of any unauthorized use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

5.3 You agree that we may for any reason, in our sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your User ID, cancel any transactions associated with your Account and User ID, and/or take any other actions that we deem necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) violation of these Terms of Services, (b) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour, (c) buying products on the Platform for the purpose of commercial re-sale, (d) having multiple user accounts, (e) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (g) voucher abuse (including, but not limited to selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Platform), or (h) behaviour that is harmful to other Users, third parties, or our business interests. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, we may terminate your Account immediately with or without notice.

5.4 You may terminate your Account if you notify us in writing (including via email at support.shop@boldpay.cc) of your desire to do so. Notwithstanding any such termination, you remain responsible and liable for incomplete transaction (whether commenced prior to or after such termination), payment of the product, or the like, and you must contact us after you have promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. We shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. You waive any and all claims based on any such action taken by us.

5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

6.1 The licence for use of this Platform and the Services is effective until terminated. This licence will terminate as set forth under these Terms of Services or if you fail to comply with any term or condition of these Terms of Service. In any such event, we may effect such termination with or without notice to you.

6.2 You agree not to:

(a) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(b) open and/or operate multiple user accounts in connection with any conduct that violates these Terms of Serivces;
(c) access the Platform, open a user account, or otherwise access your user account using an emulator, similar, bot or other similar hardware or software;
(d) take any action that may undermine the feedback or ratings systems;
(e) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;
(f) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(g) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real tie exchanges;
(h) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connection to the Platform;
(i) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(j) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(k) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
(l) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
(m) infringe our rights, including any intellectual property rights and any passing off of the same thereof;
(n) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
(o) direct or encourage another user to conduct a transaction other than on the Platform.

6.3 You acknowledge, consent to and agree that we may access, preserve and disclose your Account information to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over us or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Services; (c) respond to your requests for customer service; or (d) protect our rights, property or personal safety, our Users and/or the public.

7.1     Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

·       Limits placed on Account privileges
·       Accounts suspension and subsequent termination
·       Criminal charges
·       Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2    If you believe a User on our Platform is violating these Terms of Services, please contact support.shop@boldpay.cc

8.1 You may only cancel your order prior to payment for your order (“Buyer’s Purchase Monies”) into BOLD.Pay Shop Account.

8.2 You may apply for the return of the purchased item subject to and in accordance with Refunds and Return Policy.

8.3 We reserve the right to cancel any transaction on the Platform and you agree that your sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into BOLD.Pay Shop Account.

8.4 We do not monitor the cancellation, return and refund process for offline payment.

8.5 Refunds to you shall be made to your bank account or credit cards within seven (7) working days of the return or refund request being approved.

9.1     We welcome information and feedback from our Users which will enable us to improve the quality of service provider. Please refer to our feedback procedure below for further information:

(i)    Feedback may be made in writing through email.

(ii)   Anonymous feedback will not be accepted.

(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

(iv) Vague and defamatory feedback will not be entertained.

10.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE SERVICES, THIS PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

10.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10.3 WE HAVE NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

(i) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

11.3 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY BOLD.PAY’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF BOLD.PAY THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

12.1 Third party links provided throughout the Platform will let you leave this Platform. These links are provided as a courtesy only, and he Platforms they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. We are in no manner responsible for the contents of any such linked Platform or any link contained within a linked Platform, including any changes or updates to such Platform. We are providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked Platform and/or any of its content therein.

13.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, we are not responsible to, and shall not regularly monitor or check the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold us responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

13.2 In addition, the Services may contain links to third party products, Platforms, services and offers. These third party links, products, Platforms and services are not owned or controlled by us. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. We have not reviewed, and assume no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their Platform or otherwise. By using the Services, you agree that we shall not be liable in any manner due to your use of, or inability to use, any Platform or widget. You further acknowledge and agree that we may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Services.

14.1 You represent and warrant that:

(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

15.1 If we, in our sole discretion, believe that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect us, other Sellers, other third parties or you. The actions we may take include but are not limited to the following:

(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;

(b) We may refuse to provide the Services to you now and in the future.

16.1 You agree to indemnify, defend and hold us and our shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other disputes resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) your violation or breach of any terms of these Terms of Services or any policy or guidelines references herein, (b) your use or misuse of the Services and Platform, or (c) your breach of any law or any rights of a third party.

17.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

You may terminate the Services if you notify us in writing (including via email at support.shop@boldpay.cc) of your desire to do so. Notwithstanding any such termination, you remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), and you must contact us after you have promptly and effectively carried out and completed all incomplete transactions according to the Terms of Services. We shall have no liability and shall not be liable for any damages incurred due to the actions taken in accordance with this Clause.

19.1 We reserve all rights not expressly granted herein.

19.2 We may modify these Terms of Services at any time by posting the revised Terms of Service on this Platform. Your continued use of this Platform after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

19.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

19.4 Nothing in these Terms of Services shall constitute a partnership, joint venture or principal-agent relationship between you and us, nor does it authorise you to incur any costs or liabilities on our behalf.

19.5 Our failure at any time or times to require performance of any provision hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing.

19.6 These Terms of Services are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of our and our affiliates and subsidiaries’ respective successors and assigns).

19.7 The terms set forth in these Terms of Services and any agreements and policies included or referred to in these Terms of Services constitute the entire agreement and understanding of the parties with respect to the Services and the Platform and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Clause it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

19.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the Malaysian Anti-Corruption Commission Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

19.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Platform, please contact us at: support.shop@boldpay.cc. For any legal notices, please send to legal@macrokiosk.com, and Attention it to the “Legal Counsel”.