Important Notice to all Pay & Go Users Please read the Terms of Use herein (“this Agreement”) carefully before you proceed further to use the Pay & Go Application and/or the Pay & Go Services (collectively, “the Pay & Go Services”). The Terms of Use herein shall constitute a legal binding agreement between you as a user of the Pay & Go Services and PAY AND GO SDN BHD (“the Company”). By downloading and installing the Pay & Go Application and/or using the Pay & Go Services, you hereby agree to be bound by the Terms of Use herein and you hereby confirm and agree that you have read, understood, accepted and agreed with the Terms of Use herein and you hereby expressly acknowledge and agree to be bound by the Terms of Use herein and any future amendments and additions to the Terms of Use as published from time to time through the Pay & Go Application. You further agree to the representations made by yourself below to the Company. In the event that you do not agree to and/or do not intend to be bound by the Terms of Use herein, please do not continue using the Pay & Go Application and/or the Pay & Go Services. Please be advised that your continuous use of the Pay & Go Services shall be deemed as your acceptance to be bound by the Terms of Use herein and any future amendments and additions to the Terms of Use of the Pay & Go Services. 1. Interpretation “User” means individual who downloads, installs and uses the Pay & Go Application and/or the Pay & Go Services. “Merchant” means the participating individuals, businesses, entities, sole proprietors and/or partnerships of the Pay & Go Services and/or individuals, businesses, entities, sole proprietors and/or partnerships that download, install and use the Pay & Go Services for the provision of their services or goods to customers. “Parking Credits” means the equivalent parking coupons purchased by user in the Pay & Go Application and/or Pay & Go Services which can be used for payment of parking charges at car parks operated using the Pay & Go Services in Malaysia and/or related Pay & Go Services. 2. Use of Pay & Go Services The Pay & Go Services is a smart and convenient lifestyle application that enables user to pay parking charges at car parks of selected shopping malls and/or public and/or private commercial buildings in Malaysia using the Pay & Go Services Smart Parking Systems and its related services online through the apps effortlessly without actually having to queue and stand in line at the physical parking payment kiosks. 3. Fees and Charges User of the Pay & Go Services shall pay the parking charges at the car parks of selected shopping malls and/or public and/or private commercial buildings in Malaysia using the Pay & Go Services Smart Parking Systems and its related services based on the parking charges and/or rates as determined by the individual car parks management and/or operators at selected shopping malls and/or public and/or private commercial buildings in Malaysia using the Pay & Go Services Smart Parking Systems. 4. Sale and Purchase of Parking Credits and/or Coupons on the Pay & Go Services The Company hereby agrees to sell parking credits and/or coupons to user and user may purchase parking credits and/or coupons through the Pay & Go Application by credit or debit card or via such other method of making payment to merchants as is available in the Pay & Go Application including selected authorised e-wallets such as SPay Global, Boost, Touch n Go etc or by paying cash at the Pay & Go counters which are located in selected shopping malls in Malaysia using the Pay & Go Services. Should you as a user decide to purchase parking credits and/or coupons through the Pay & Go Application, you hereby acknowledge and agree that parking credits and/or coupons purchased through the Pay & Go Application are non-refundable, non- transferable to any party and cannot be converted to cash whatsoever. You further acknowledge and agree that the parking credits and/or coupons in the Pay & Go Application cannot be withdrawn to any account with a licensed bank in Malaysia and that the parking credits and/or coupons can be used solely to pay parking charges at car parks of selected selected shopping malls and/or public and/or private commercial buildings in Malaysia using the Pay & Go Services and its related services. You further expressly acknowledge confirm and agree to abide by the applicable car parking rules and regulations of the car parks operated by selected shopping malls and/or public and/or private commercial buildings in Malaysia using the Pay & Go Services and further agree to park and use the said car parks and use the Pay & Go Services at your own risk. The Company has the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal, unlawful or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use. The Company further reserves the right to suspend the use of your account entirely where it reasonably believes that the account activity and/or transaction may be fraudulent, illegal, unlawful or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use. By using the Pay & Go Services, you hereby expressly acknowledge and agree that you will cooperate with the Company in relation to any financial crime screening that is required and to assist the Company in complying with any applicable laws or regulations in place. You shall be responsible for the full amount of the payment made or sent to you plus any fees if the payment is later invalidated for whatsoever reason including but not limited to claims, chargebacks or if there is a reversal of the payment. You shall be responsible for all losses, reversals, fees, charges, claims, penalties, liabilities and/or any damages incurred by you or the Company, or a third party caused by or arising from your breach of this Agreement and/or the breach of this Terms of Use whether due to damage to or loss of your mobile device or whatsoever reasons including the authorised use of your account by a third party sanctioned by you. The Company reserves the right without incurring any liability in whatsoever form and manner to suspend the service and/or usage of the Pay & Go Services and/or the Pay & Go Application at any given time in the event that any technical failure and/or malfunctioning occurs of the Pay & Go Services and/or Pay & Go Application and/or in the event the Pay & Go Application and/or the Pay & Go Services are being maintained, modified and/or upgraded. 5. Transaction History Subject to the Company’s terms and conditions, you shall be able to view all the transactions performed using the Pay & Go Services over the 12 months period. 6. Dispute In the event of any disputed transaction of which you become aware, you agree to immediately notify the Company of the disputed transaction to the Customer Service number Tel:............................................... or email the Company at ……………………………………………… in order for the Company to proceed with the necessary actions to investigate, check and resolve the alleged disputed transaction within seven (7) days from the date the alleged disputed transaction is reported to the Company. The Company may at its sole and absolute discretion settle the disputes as it may deem fit and the decision shall be final and conclusive. The Company shall not be responsible or liable for any breach of any duty of care owed or any losses damages claims charges and/or actions to users of the Pay & Go Services whether indirect, consequential or economic losses by reasons of any acts and/or omission of the Company’s employee staff personnel representatives merchants and/or agents. 7. Account deactivation and refunds If there is no parking transaction for a period of twelve (12) consecutive calendar months, the Company is entitled to deactivate the account and you may not be able to use the parking credits and/or coupons to pay any parking fees or perform any transaction thereafter unless you resume and/or reactivate the account by carrying out a parking transaction within seven (7) days from the date of the Company’s notice on the deactivation of the account from the Pay & Go Application. Subject to the Terms of Use, user may request for refund of balance of the parking credits in the Pay & Go Application from the Company only within six (6) calendar months from the date of the deactivation of the account. You are required to contact the Company at the Customer Service No. Tel………………………………………… or email the Company at …………………………………………….. and submit the prerequisite Request for Refund Form together with relevant supporting documents to the Company in order to facilitate the refund process and the Company will refund the balance of the parking credits in the account within thirty (30) working days from the date of submission of duly completed Request for Refund Form to the Company. There shall be no refund and/or compensation for the balance of the parking credits after the expiry of the six (6) calendar months from the date of the deactivation of the account and/or in the event there is any fraudulent, illegal, unlawful act, unauthorised use of the account and/or in the event that the user is found to be in breach of any of the provisions of the Terms of Use. 8. Representations and Warranties You hereby represent and warrant to the Company that by downloading, installing and using the Pay & Go Application and/or the Pay & Go Services:- a) You have the right, authority and capacity to abide and to be bound by the Terms of Use; b) Your further confirm, agree and warrant that all the information which you provide shall be true and accurate and you undertake not to authorise others to use your identity and/or your account; c) You further acknowledge, agree and accept that by using the Pay & Go Services, you shall comply with all applicable laws while using the Pay & Go Services and you shall use the Pay & Go Services for authorised and lawful purposes and that you shall not use the Pay & Go Services for any fraudulent, unlawful, illegal or criminal purposes; d) You shall only use the Pay & Go Services for the purpose for which it is intended to be used; e) You shall not assign or transfer your account to any other person or entity; f) You shall be responsible to ensure that the Pay & Go Application downloaded on your mobile device is always up-to-date and secured; g) You shall not intentionally or unintentionally cause or attempt to cause any damage to any third party when using the Pay & Go Services; h) You agree and consent to the Company collecting, using and processing your Personal Data and/or information for the purposes and in the manner as required for using the Pay & Go Services; i) You shall be responsible to keep secure and confidential your account identification details which you use to access the Pay & Go Services and you will provide the Company with proof of identity as it may reasonably request or require; and j) You hereby expressly agree that the Company collect your information for the purpose of the Pay & Go Services and that the Company may rely on the information that you have provided in the Pay & Go Application for the purpose of the Pay & Go Services. Subject to the Terms of Use, the Company shall has the absolute right and discretion to protect an account from being access if the Company has reasonable grounds to believe that you are in breach of the Terms of Use and/or that the security your account has been compromised, breached and/or at the risk of exposure to any fraudulent, illegal, unlawful and/or criminal activity. 9. Data Privacy and Personal Data Protection By downloading, installing and using the Pay & Go Application and/or the Pay & Go Services, you hereby confirm, agree and consent to the Company collecting, using and processing your Personal Data and/or information for the purposes and in the manner as required for the activities and/or transactions and/or obligations related to the provision of the Pay & Go Services including in relations to the Company’s obligations under any applicable laws and regulations in Malaysia. For the purpose of the Terms of Use herein, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, passport number, nationality, address, telephone number, vehicle(s) number, credit or debit card details, email address and/or any information about you which you have provided to the Company in registration forms, application forms or any other similar forms in the Pay & Go Application and/or any information about you that has been or may be collected, stored, used and processed by the Company in the Pay & Go Application. If you do not agree to the Company collecting, using and/or processing your Personal Data and/or information, your request to use and/or access the Pay & Go Application and/or the Pay & Go Services may be limited to basic features of the Pay & Go Applications and may cause the Company to be unable to allow you to use and/or access the full features of the Pay & Go Services. 10. Third- Party interactions and/or activities During use of the Pay & Go Services, you may enter into correspondence with a third party, such as participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Pay & Go Services and/or the Pay & Go Application. You hereby acknowledge agree and confirm that any such activity and/or transaction and any terms, conditions, warranties or representations associated with such activity and/or transaction is solely between you and the applicable third-party. You further agree confirm and accept that the Company and/or its subsidiaries and licensors shall have no liability, obligation or responsibility for any such correspondence, activity, transaction or promotion between you and any such third-party. You hereby expressly acknowledge confirm agree and accept that the Company does not endorse any applications or sites on the Internet that are linked through the Pay & Go Services and/or the Pay & Go Application, and in no event, shall the Company and/or its subsidiaries and licensors be responsible for any content, products, services and/or other materials on or available from such sites or third-party providers. You expressly acknowledge confirm agree and accept that the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers. 11. Indemnity By downloading, installing and using the Pay & Go Application and/or the Pay & Go Services and you hereby agree to be bound by the Terms of Use herein, you agree that you shall indemnify and keep indemnified the Company, its subsidiaries and licensors and each such party’s parent entity, subsidiaries, subsidiaries, officers, directors, members, employees, staff, representatives, attorneys and agents against any and all losses, damages, costs, claims, actions, penalties, charges, expenses and/or liabilities arising from and/or in connection with your use of the Pay & Go Application and/or the Pay & Go Services in your interactions dealings activities and/or transactions with third-party merchants, partners advertisers and/or sponsors, your breach of any of the Terms of Use herein and/or any applicable laws and/or regulations and/or any rights and/or terms and conditions of any third party merchants, partners, advertisers and/or sponsors and/or your misuse and/or violation and/or breach of the Pay & Go Application and/or the Pay & Go Services, whether intentional or non-intentional. 12. Limitation of liability While the Company uses reasonable efforts to include up-to-date information on the Pay & Go Application and/or Pay & Go Services, the Company makes no representation, warranty or guarantee as to reliability, quality, accuracy, timeliness, completeness, availability of the Pay & Go Application and/or the Pay & Go Services. The contents, materials, products or other services available in the Pay & Go Application and/or the Pay & Go Services accessible through the Pay & Go Application are on “as is” and “as available” basis. The Company disclaims all warranties (express or implied) including but not limited to, merchantability, fitness for purpose and non-infringement, in relation to the contents, materials, products or other services published the Pay & Go Application and/or the Pay & Go Services. All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent allowed under Malaysian law. The Company does not represent or warrant that:- a) the Pay & Go Application and/or the Pay & Go Services will be error-free, free of viruses, bugs, online interruption or other harmful components or threats; b) the use of the Pay & Go Application and/or the Pay & Go Services will be secure, timely, uninterrupted or error-free; c) the Pay & Go Services will meet your requirements or expectations; and d) the quality of any products, services, information or other material obtained by your through the Pay & Go Application and/or the Pay & Go Services will meet your requirements or expectations. You are solely responsible to implement security measures in your mobile devices before downloading, installing, using and accessing the Pay & Go Application and/or the Pay & Go Services. The Pay & Go Application and/or the Pay & Go Services may be subject to restrictions, limitations, delays and other problems inherent in the use the Internet and electronic communications. The Company shall not be liable in any way for any direct, indirect, punitive, incidental, consequential or other claim loss damage costs expenses charges incurred suffered or sustained by you arising from or in connection with your use of the Pay & Go Application and/or the Pay & Go Services. 13. Variations The Company shall have the absolute right and discretion to vary amend add and/or delete any provisions of the Terms of Use herein at any time as it deems fits without prior notification to its users. Any variation, amendment and/or addition to the Terms of Use herein shall be posted on the Pay & Go Application. You further acknowledge agree and accept that you shall have the obligations to check the Pay & Go Application for updates of the Terms of Use from time to time when using the Pay & Go Services. Your continuous use of the Pay & Go Application and/or the Pay & Go Services after any variation, amendment and/or addition to the Terms of Use has been posted on the Pay & Go Application and/or the Pay & Go Services shall constitute your acceptance of any variation, amendment and/or addition to the Terms of Use and your acceptance to be bound by the same. 14. License restrictions The Company is the registered proprietor and/or beneficial owner of the intellectual property patent trademark and/or mark of the Pay & Go Smart Application, solutions, system, technology, application, software, intellectual property, patent trademark and/or mark in Malaysia and is principally involved in the provision, development, deployment and maintenance of the Pay & Go Services. The Company and its subsidiaries, where applicable, hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Pay & Go Application and/or the Pay & Go Services subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its subsidiaries. 15. Intellectual Property rights Notwithstanding anything to the contrary in this Agreement, you hereby acknowledge and agree that the Company and its subsidiaries, where applicable, shall own and maintain all rights, title and interests including all Intellectual Property Rights of the Pay & Go Application and/or the Pay & Go Services, products and/or services marks, logos, all registered and unregistered trade names, trademarks, marks, websites, domain names, trade secrets, know-how, information, ideas, text, graphics, scripts, software, technology, music, sound, photograph, enhancements, processes, designs, components or any other materials or works used on, comprised or contained in the Pay & Go Application and/or the Pay & Go Services and including all goodwill associated therewith and any other similar rights or intangible assets recognised under any laws or international conventions in Malaysia or any jurisdiction in the world and including the third party merchants’ logos and product or services name associated with the Pay & Go Application and/or the Pay & Go Services are trademarks of the Company and/or its subsidiaries and no right or license is granted to use them. Nothing contained in the Terms of Use herein shall be construed as the Company granting or conferring, whether by sale or otherwise, to you, any right, title and interest in and to the Intellectual Property Rights of the Pay & Go Application and/or the Pay & Go Services. 16. Notices The Company may give notice of any matter in relation to the Pay & Go Services by means of a general notice on the Pay & Go Application or by electronic email to your email address in the records of the Company or by short messaging services to your mobile device in the records of the Company and such notice shall be deemed to have been delivered to you upon the expiration of 24 hours after such notice is posted (if such notice is posted on the Pay & Go Application) and/or sent (if such notice is sent to your electronic email or through short messaging services to your mobile device in the records of the Company). All notices and/or communications to the Company pursuant to the Pay & Go Application and/or the Pay & Go Services must be communicated in writing and sent by registered post or hand delivered to the Company at its registered office below:- PAY AND GO SDN. BHD. Lot 2260 Bintawa Industrial Estate Jalan Semangat 93450 Kuching, Sarawak, MALAYSIA. 17. Termination You hereby agree that the Company may at its sole and absolute discretion terminate this Agreement immediately without prior notification to you and forfeit all the parking credits and/or coupons in your account in the event of any of the following including but not limited to: a) you are found to be in breach of any of the Terms of Use; b) you are declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration with your creditors; c) you are complicit for any fraudulent, unlawful, illegal and/or criminal activity or in other manners which the Company deems to be improper or in violation of any applicable laws or regulations in Malaysia; d) you are deceased; and/or e) your act or omission which may in the opinion of the Company cause and/or result to the loss and/or damage to the Pay & Go Application and/or Pay & Go Services and/or property and/or car parks using the Pay & Go Services. 18. Assignment This Agreement as constituted by the Terms of Use including any future amendment, variation and/or addition may not be assigned by you without prior written approval of the Company but may be assigned without your consent by the Company. 19. Time of the essence Time whenever and wherever mentioned in this Agreement shall be the essence of this Agreement. 20. Taxes You hereby acknowledge and agree that you shall be responsible and subject to all prevailing taxes or duties chargeable by the relevant authorities (if any), including any taxes which may be in force and applicable at the time when such tax is chargeable or payable at any point of time. 21. No partnership, joint venture or agency You hereby acknowledge confirm and agree that no joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Use or use of the Pay & Go Application and/or the Pay & Go Services. 22. Force Majeure The Company shall not be responsible or liable to you for any loss or damage (including direct or consequential) for failure to perform or observe its obligations under the Terms of Use for reasons which could not be reasonable diligence be controlled or prevented by the Company, including but not limited to acts of God, strikes, lock-outs, acts of nature, industrial disturbances, wars, insurrection, riots, epidemics, landslides, earthquakes, storms, lightnings, floods, civil disturbances, explosion, fire, acts and/or regulations and/or policies of the government not limited to movement control order and/or any other similar events not within the control of the Company and which by exercise of due diligence the Company is not able to control and/or overcome. 23. Severability If any provision hereof is held to be illegal, invalid or unenforceable by the court of law, such provision shall be fully severable and the remaining provisions shall remain in full force and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof and the remaining provisions shall remain in full force and effect, valid, binding and enforceable and shall not be affected by the illegal, invalid or unenforceable provision and there shall be added automatically as part hereof a provision, as similar in terms to such illegal, invalid or unenforceable provision as may be possible that is legal, valid and enforceable so as to give effect to the intent of the parties hereunder. 24. No waiver No delay or indulgence by the Company in enforcing any provision of the Terms of Use herein nor granting of time by the Company to you shall prejudice the rights or powers of the Company nor shall any waiver by the Company of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. 25. Governing Law The Terms of Use which constitutes the agreement between you and the Company shall be governed and construed in accordance with the laws of Malaysia. 26. Entirety of Agreement The Terms of Use constitutes the entire agreement between you and the Company and supersedes any and/or all prior arrangement between the parties whether written or oral (if any) and any such prior agreements (if any) are cancelled.