In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings: -
In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings: -
- “Account” means Member’s account containing details including Membership Identification (ID), Member’s personal information, record of accumulated Cashback and balance;
- “App” means the software application named as “Joy” or such other name as may be determined by Payfo from time to time which is downloaded unto the mobile device;
- “Cashback” means a form of incentive offered to buyers at participating Joy merchant outlets whereby they receive a cash refund (cashback) after making their purchase under the Joy;
- “Electronic Equipment” means the equipment provided by Joy or its assigned electronic equipment provider to the Merchant such as tablet or electronic data capture terminal;
- “Joy” means PNMB Payfo Sdn Bhd [Company No. 201801023014 (1285033-P)];
- "Joy Membership Number" means the virtual membership number issued to the Members’ in the App;
- “Member(s)” means individual(s) who has/have personally signed up, applied for and has / have been accepted by Joy as participating member(s) for the Services in accordance to the terms and conditions set forth herein;
- “Membership Identification” means identification (ID) of membership (including Password, Member’s ID number and PIN) in accordance to these Terms and Conditions;
- “Merchant” or “Merchants” means the participating merchant(s) for the Services;
- “Payfo” means PNMB Payfo Sdn Bhd [Company No. 201801023014 (1285033-P)] with its operational office at Lot 1829, Jalan KPB 3, Kawasan Perindustrian Balakong, 43300 Balakong, Selangor, Malaysia
- "PIN" means a six (6)-digit personal identification number that is only known to the Member;
- “Rewards” means the discount voucher and Cashback made available by Merchants under the Services which may be redeemed by Members;
- “User(s) means the person who uses and/or accesses the App, Website and/or Services;
- “Website” means the website owned and operated by Joy and located at www.myjoy.my or any other addresses which Joy deems fit from time to time.
) GENERAL PROVISIONS
- The Services is only delivered via App channel. The Website is precisely for communication, marketing and support only.
- Joy may, at its discretion, replace or substitute any advertised Cashback with any similar reward.
- In the event of a failure or breakdown of any equipment or system used in connection with the Services, Joy may refuse request for redemption or to award Joy on any transaction.
- Joy and the Merchants’ shall not be responsible or liable in any manner in the event, Joy are not awarded or redemption cannot be made or a Member is unable to check his/her Joy, due to any failure in the equipment or system used in connection with the App.
- The use of the App and the Website is at the Users’ own risk. Users are responsible for the security of their user login credential.
- Joy accepts no liability for the disclosure of the user login ID or password or PIN by the Member to a third party, whether intentionally or not.
- The Website and App may contain links to third party sites. Access to any other internet site linked to the Website or App is at the User's own risk and Joy is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Joy provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
- Joy reserves the right to block a Member from accessing his account online if Joy has reasonable grounds to suspect that fraud or misconduct has been committed by the Member or a third party.
- While Joy uses reasonable efforts to include up to date information in the Website or App and in all its publications, Joy makes no warranties or representations as to their accuracy, reliability, completeness or otherwise.
- The contents, materials, products or other services available or accessible through the Website or App are on "as is" and "as available" basis.
- Joy 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 in any of its publications or available on the Website and App.
Notification of any matter in relation to the Services shall be
deemed given to if it is made via any one of the methods
i) by posting on the Website or App or text message to mobile; or
ii) by sending an email to Members who have provided email address to Joy; or
iii) by publication in a newspaper; or
iv) sending by ordinary post to the last known address of Members appearing in Joy's records.
- If Joy sells or transfers the Services to another party, all rights and obligations under these Terms and Conditions shall be transferred to the new transferee without any consent from any Member. Joy may further disclose and transfer all and any information and data which Joy holds or which resides in the system in relation to the Members and all transactions made by Members, including purchase and redemption transactions ("Information") to the new transferee, or disclose any such Information to a prospective new buyer. The Member hereby unconditionally and irrevocably agrees to such transfer and disclosure of the Information to the new transferee or the prospective new buyer.
- Joy and the Merchants are not responsible or liable to the User for indirect, consequential or economic losses, loss of profits, loss of opportunity, or punitive damages of any kind.
- These Terms and Conditions are governed by the laws of Malaysia and Users shall submit to the exclusive jurisdiction of the courts of Malaysia.
- Any enquiries shall contact the Call Centre at +603-92366888 or email at firstname.lastname@example.org. Any changes to the contact information will be updated at the Website and App from time to time.
- Some materials on the Website, App and other promotional materials are the intellectual property of Joy, participating Merchants, or other third parties. Users have no right to use such intellectual property.
- Each exclusion or limitation of liability in these Terms and Conditions shall also apply for the benefit of each of the participating Merchants and their employees or agents.
- A person intending to use the Services can sign up and register for membership and can then earn Cashback on various purchases at participating Merchants' outlets.
- By applying to register with the Services, a Member is deemed to have accepted these Terms and Conditions. The Member is agreeable to provide the mandatory information required for the purpose of registering as the Member for the Services.
- Joy may, in its sole discretion decide and without the need to assign any reason, refuse an application made by any person to be a Member.
- Joy reserves the right to amend these Terms and Conditions at any time and from time to time as it deems fit at its absolute discretion and with or without prior notification to Members. Members may obtain the updated version of these Terms and Conditions from Website or the App. Notwithstanding the foregoing, continued use of the Website or App will be deemed to constitute your acceptance of the new Terms and Conditions. Failure to observe the Terms and Conditions stated herein by a Member may result in termination of membership.
- Joy reserves the right to, at any time, vary or terminate the membership or any privileges under the Services or withdraw the Cashback from use with or without prior notification to Members and without being liable in any way to Members. Joy may, at its sole discretion, remove any or all Members from the Joy at any time.
The Services are operated by:
PNMB Payfo Sdn Bhd,
Lot 1829, Jalan KPB 3
Kawasan Perindustrian Balakong,
43300 Balakong, Selangor, Malaysia
Call centre: +603-92366888 (Monday - Friday, 9.00am to 6.00pm)
- No annual fee will be charged for the membership. For co-branded, annual fee is determined by co-brand Merchants.
- To enjoy deals, Members must present active Identification (ID) or Quick Response (QR) code at the participating merchant outlets. Voucher's QR (Quick Response) must be presented to the cashier of the participating Merchants' outlets BEFORE each payment. This to ensure entitled rewards or discounts or voucher can be included in the calculation for payment. Voucher's QR (Quick Response) presented after the transaction will not be accepted for.
- These Terms and Conditions govern the membership (including discount voucher and Cashback and set out the agreement between Joy and each Member with regards to the Services.
- The accuracy of personal information shall be verified by Members and Members shall notify Joy upon any changes on their personal information.
- Member information such as name, NRIC/Passport, mobile number and email must be updated in the account to be eligible to participate in campaigns and for verification in cases of any dispute.
- Joy reserves the rights at its sole and absolute discretion to amend or delete any of these Terms and Conditions at any time as it deems fits without prior notification to Members. Any variations, addition or amendment to these Terms and Conditions will be posted via the Website and App not later than twenty-one (21) business days prior to the effective date of such amendments. Continuing use of digital membership card and engage with the membership by Members shall constitute acceptance of any variation, addition, or amendments to these Terms and Conditions and Member shall be bound by the same.
- Members have the obligations to check the Website and/or App for updates of Terms and Conditions from time to time.
Joy reserves the right, at any time to vary, modify, replace,
substitute or terminate the Services, or any Rewards, benefits,
features, or privileges under the Services or withdraw Cashback
from use without prior notification to Members and without being
liable in any way to Members.
Joy may at its sole and absolute discretion terminate the memberships without prior notification and forfeit all the Cashback balance recorded in the Account and redeemable Rewards and reject any refund in the events of including but not limited to: -
a) A Member accrues, redeems, or uses of digital membership card, membership (including any benefits and privileges) or the Cashback for any unlawful or fraudulent activity or in other manners which Joy determines to be improper;
b) A member breaches any of these terms and conditions; or
c) A member is deceased or is declared a bankrupt.
Joy, its related companies, Merchant and its service providers,
or agents shall not be liable for any cost, expense, loss or
damages, whether direct or indirect, special or consequential or
loss of business, revenue or profits, injury or damage to
property or any nature suffered by Members or any authorised
person by Members arising from: -
a) any omission, error or inaccuracy of record, awarding or redemption of Cashback or balance cashback value including as a result of failure or breakdown of any Electronic Equipment used in connection with the Services;
b) any technical malfunction, error, deficiency, defects of the digital membership card or any part thereof;
c) withdrawal of any benefits or privileges conferred on Members under the Services;
d) any suspension, deactivation, termination or cancellation of account or membership;
e) any circumstances beyond the reasonable control of Joy.
- Joy or Merchant may refuse a request for awarding or redemption of Cashback on any transaction in the events as set out in section 1.38 above.
- Members are responsible for the security of their Membership Identification. Joy accepts no liability for the disclosure of the Membership Identification by the Member to a third party, whether intentionally or otherwise. Joy reserves the right to protect an account from being access if Joy has reasonable grounds to believe that the security of the particular account has been breached or at the risk of exposure.
- While Joy uses reasonable efforts to include up-to-date information in the Website, App and in all its publications, Joy makes no warranties or representations as to their accuracy, reliability, completeness or otherwise. The contents, materials, products or other services available in the publications or accessible through the Website and/or App are on “as is” and “as available” basis. Joy 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 in any of its publications or available on the Website and/or App.
Joy does not warrant that the Website and App will be
error-free, free of viruses, bugs, online interruption, or other
harmful threats. Members are responsible to implement security
measures in their computers or mobile devices before accessing
the Website and App. Joy shall not be liable in any way for any
direct, indirect, punitive, incidental, consequential, or other
damage howsoever arising out of any of the following;
a) the use of, or access to, the Website and App;
b) delay or inability to use or access the Website and App; and/or
c) any content, information, material, products or services published in, posted on, advertised in or obtained through any publications or the Website and App, or otherwise.
d) Notice of any matter in relation to the Joy shall be deemed informed/delivered to Members via any one of the methods as follows:
i) by posting on the Website;
ii) by sending an email to Members who have provided email address to Joy;
iii) by publication in a newspaper;
iv) by short messaging services (SMS); or
v) by App.
- Joy may further establish rules, procedures and policies in relation to any matter regarding the Services, all of which shall form part of the Terms and Conditions. These Terms and Conditions as set out herein shall prevail in the event of any conflict or inconsistency with any other documents, statements, rules, procedures, policies or communications issued by Joy, including Frequently Asked Questions (FAQs) and advertising or promotional materials. These Terms and Conditions together with the aforesaid further rules, procedures and policies shall constitute the entire agreement and understanding between Joy and the Users with respect to the Services and shall not be subject to any other agreement, understanding, warranty or representation not expressly contained or referred to in these Terms and Conditions and the aforesaid further rules, procedures and policies.
- If any of the provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
- No delay or indulgence by Joy in enforcing any term or condition of these Terms and Conditions nor the granting of time by Joy to Members shall prejudice the rights or powers of Joy nor shall any waiver by Joy of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
- Membership is open to residents of Malaysia and expatriates residing in Malaysia only.
- Membership is open to individuals who are 18 years of age and above.
- Any eligible individual may sign up and register for the Services through the App or by any other methods that Joy may decide to implement and establish from time to time and may then earn Cashback on various purchases at participating Merchants’ outlets (online or offline) upon and subject to these Terms and Conditions.
- By submitting the application of membership, the applicants accept and agree to these Terms and Conditions.
- Membership and Members’ entitlement to membership benefits and privileges of the Services, including the redemption of Cashback and Rewards, shall be in accordance with these Terms and Conditions.
- Approval and grant of membership shall be at the sole and absolute discretion of Joy.
- Each eligible individual shall only apply for and hold one (1) valid digital membership card as a Member at any one time.
- Joy reserves the right to reject additional or multiple applications if Joy determines in its sole and absolute discretion that the applications are made by the same person.
- In valuing the customers, the membership is FREE from any registration, joining, or membership charges. Notwithstanding this, Joy reserves the right to apply any charges and member fees at any time as it deems fit.
) DIGITAL MEMBERSHIP CARD
- The use of digital membership card by Members shall be in accordance with these Terms and Conditions and instruction of Joy, as notified from time to time.
- Digital membership card, the Cashback and all the benefits and privileges of membership are non-transferable and non-assignable to third parties and exclusively reserved for the Members.
- Digital membership card shall not be pledged by any Member as security for any purpose whatsoever.
) DEAL, VOUCHER AND CASHBACK
- A Member’s account must be in good standing upon the time of Cashback.
- Joy reserves the right to suspend a transaction and/or reallocate, recalculate, reverse or adjust the Cashback or take any necessary action, with or without any notice in the event that Joy has a reasonable ground to suspect that the Cashback was awarded, earned or redeemed fraudulently or in error.
- A Member shall frequently review his/her Account to check and verify the correctness and accuracy of current balance.
- Cashback will be awarded at the rate as agreed between Joy and the Merchant when a Member purchases goods or services at the Merchant’s outlets which may vary among the Merchants.
- Upon confirmation of redemption, the available Cashback for redemption will be recalculated for the Member’s account.
- The Services is subject to availability and further subject to all applicable rules and terms and conditions (including booking requirements, cancellation restrictions, return conditions, warranties and limitations of liability) imposed by the respective Merchant and Joy.
Acknowledgement: You hereby acknowledge that the Merchants’ are:
a) the seller or provider of the voucher; and
b) solely responsible for providing Member the products and/or services as described in the voucher.
- Reproduction, sale, resale, or trade of any voucher is prohibited. Any attempt to carry out any of these will render voucher to be voided at Joy discretion.
- It is at the sole discretion of the Merchants’ to determine whether the voucher can be combined with any other promotion or coupon. Members are advised to read and fully understand each voucher’s Terms and Conditions before purchasing or redeeming it.
- Neither Joy nor the Merchants is responsible for any lost or stolen voucher. It will be the sole responsibility of the Member to safeguard the voucher. Members are advised not to disclose voucher to anyone except for redemption purposes at the participating Merchant’s outlets or e-stores.
- Each voucher is unique and can only be redeemed ONCE. Strictly non-transferable, non-refundable nor exchangeable for cash, in part or full.
- Voucher purchased must be redeemed within the voucher validity period. Joy will NOT entertain any request to extend the validity period of the voucher nor issue a new voucher code as replacement.
- Joy will not accept any liability or bear any responsibility for the goods or services purchased with the voucher and if any of the Merchant varies the price for the same goods or services purchased with the voucher. Any complaints about the goods or services purchased with the voucher must be resolved by the Members directly with the Merchants’ concerned.
- Joy and Merchant reserve the right to amend or change the offers/promotions and these Terms and Conditions at any time and from time to time as it deems fit at its absolute discretion without prior notification to Users.
- All goods and services are subject to availability and further subject to all applicable legal rules and the terms and conditions (including booking requirements, cancellation restrictions, return conditions, warranties and limitations of liability) as imposed by the Merchants.
) CANCELLATION OR TERMINATION OF MEMBERSHIP
- A member may cancel or terminate their membership.
- Members shall option to clear the remaining Cashback as all balance recorded in the Account and redeemable Rewards will be automatically forfeited upon cancellation or termination of the Membership.
- Members agree to fully indemnify and to hold Joy harmless from and against any claim brought by a third party resulting from the use of the Services, Website, and App in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly in consequence of and/or in connection with Members’ use of the Website and App, and Members’ breach of any of this Terms and Conditions.
) FORCE MAJEURE
- Without limiting the generality of any provision in these Terms and Conditions, Joy shall not be liable for any non-performance, interruption, non-availability and/or delay in performance of its obligations and Services herein caused by Force Majeure.
- Force Majeure means any cause which is not within the control of Joy including but not limited to act of God, flood, natural disaster, landslides, mudslides, soil erosions, storm, fire, earthquakes, war, riot, civil commotion, natural catastrophe, industrial disputes of any kind, act of government, government restraint, epidemic, pandemic, quarantine order, expropriation, change of law, strike, lockouts, blockade, outbreaks and the interruption or failure of utility service including but not limited to electric, power, gas, water or telecommunication service.
- Notwithstanding Clause 7.1 above, Users shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Joy.
) INTELLECTUAL PROPERTY RIGHTS
- Members agree that the content including any text, script, graphic, music, sound, image, photograph, video, art and other multimedia work or any combination thereof which is available on the Website and App are at all times protected by applicable intellectual property rights, all of which are at all times owned exclusively by Joy or the relevant third party vendor or other third parties, where applicable.
- All rights in the Website, App and the Services herein and the content which are not expressly grants under this Terms and Conditions or otherwise, are at all times expressly reserved by Joy or the relevant third party vendor or any other parties, where applicable.
- No portion of the information on the Website and App may be reproduced in any form, or by any means, without prior written permission from Joy. Members are not permitted to distribute, modify, transmit, create, or publish any derivative works of any material found on the Website and App for any public or commercial purposes.
- Members are only allowed to use the Website and App in accordance to this Terms and Conditions, and nothing on the Website and App and/or the Services shall be construed as conferring any license or other transfer of rights to Members in respect of any intellectual property rights of Joy.
- If there is any dispute on a Cashback transaction, a Member must liaise with Call Centre at +603-92366888 or email at email@example.com together with supporting documents within seven (7) calendar days from the date of transaction or dispute. Any submission after the seven (7) calendar days will not be accepted.
- Joy may at its sole and absolute discretion to settle the disputes as it deems fit. The decision by Joy shall be final and conclusive.
- Joy shall not be liable or responsible for any breach of any duty of care owed to such Member by any of Joy’s employees, staff or authorised personnel or any indirect, consequential or economic losses, loss of profits, loss of opportunity or punitive damages of any kind.
If the reply to the query or complaint is not satisfactory to
User, User may contact the following authority:
Bank Negara Malaysia
Laman Informasi Nasihat dan Khidmat (LINK)
Ground Floor, D Block,
Jalan Dato’ Onn, 50480 Kuala Lumpur.
Contact Centre (BNMTELELINK)
Telephone : 1-300-88-5465 (Overseas: 603-2174-1717)
Fax : 603-2174-1515
Email : firstname.lastname@example.org
Fasspay Terms & Conditions