Shell Asia App: Terms of Use
The following Terms of Use apply to all Users who access and/or use the Shell Asia App and the Services therein. If the User does not accept these Terms of Use, the User must immediately discontinue the use of the Shell Asia App and/or the Services.
1. Definitions:
Account: means an active account that is registered with and maintained by a User on the Shell Asia App.
Applicable Laws: means all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions of or made or issued by, any Government Authority (including without limitation, any relevant stock exchange or securities council), whether in Malaysia or elsewhere, as amended or modified from time to time, including without limitation any laws, rules, regulations, governmental requirements, directives, codes as well as international, federal, state, and provincial laws applicable to Users such as the Financial Services Act 2013, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, the Communications and Multimedia Act 1998, and similar legislations.
Biometric Data: means any personal data resulting from technical processing relating to the physical, physiological or behavioural characteristics of a person, including but not limited to fingerprint scans, facial recognition, voice recognition, and iris scans.
BonusLink: means BonusKad Loyalty Sdn Bhd (Company No. 199701022703 (438200-T)).
Content: means any text, messages, software, scripts, code, designs, graphics, images, sounds, music, videos, interactive features, website links, data, profiles, and any other forms of communications which are uploaded or made available on the Shell Asia App or Shell website channel.
HSSE: means health, safety, security, and environment.
HSSE Standards: means all policies, manuals, standards, rules, and procedures, designed to manage HSSE risks, including any Applicable Laws relating to HSSE and other HSSE rules and procedures whether issued by Shell or otherwise, that are in force at Shell sites.
Intellectual Property: means any name, logo and/or official emblem, patents, trademarks, service marks, trade names, designs, copyrights, and other forms of intellectual or industrial property, know-how, inventions, source codes, computer codes, programming, formulae, confidential or secret processes and trade secrets, buttons, graphics, texts, sounds, music, videos, artworks, images, photographs, layout and design of the Shell Asia App, and any other protected rights and assets, and any licenses and permissions in connection therewith, in each case in any part of the world and whether or not registered or registrable.
Points: means loyalty points issued by BonusLink for applicable purchases made via the Shell Asia App.
SBI: means Shell Brands International AG.
Service(s): means any and all features in the Shell Asia App which allows Users to perform transactions or make a purchase within the Shell Asia App, including but not limited to, Shell Pay.
Shell: means Shell Malaysia Trading Sdn Bhd (Company No. 196501000279 : 6087-M) and/or Shell Timur Sdn Bhd (Company No. 198401000783 : 113304-H).
Shell Asia App: means the mobile application owned by Shell and named as the “Shell Asia App”, available for download onto a mobile device on the Apple App Store and Google Play Store.
Shell Pay: means the mobile payment Service in the Shell Asia App which allows a User to pay for products and/or services by using their mobile device at participating Shell sites.
TNG eWallet: means the software application on a mobile device through which e-wallet services is provided by TNG Digital Sdn. Bhd.
User: means anyone who registers for an Account and uses the Shell Asia App to purchase products and/or services, or uses the Services available on the Shell Asia App in Malaysia, unless otherwise specified.
UGC or User Generated Content: means any Content that the User and/or other members post or otherwise make available on or through the Shell Asia App and any associated Shell website, except to the extent that such content is owned by or licensed to Shell.
2. Registration and Usage of the Shell Asia App
2.1. All Users must be residing in Malaysia at the time of availing the Shell Asia App.
2.2. All Users must be aged eighteen (18) years or above. By registering for an Account, each User represents and warrants that they have attained eighteen (18) years of age or above. If a User is below the age of eighteen (18) years (“Minor”) who wishes to subscribe and/or register to the Shell Asia App and/or use the Services, the User must obtain consent from a parent or legal guardian to open the Shell Asia App prior to registration. Notwithstanding the foregoing, the parent or the legal guardian shall be wholly responsible for the Minor’s use of the Shell Asia App and/or the Services.
2.3. Any person can become a User of the Shell Asia App by downloading and installing the Shell Asia App on their mobile device, either through the Apple App Store or Google Play Store, and registering for an Account.
2.4. All Users must have a valid mobile phone number which will be used as the Users’ unique identifier to their Account. Shell does not allow multiple Accounts to be created with the same mobile phone number.
2.5. All newly-created Accounts will be automatically linked to a loyalty card number which is owned and managed by BonusLink. Users may either link their existing BonusLink card number, or request for a new card number when registering for an Account. For the avoidance of doubt, no Account can be created or remain active without a valid BonusLink card number attached to the Account.
2.6. All loyalty points earned and redeemed through the Shell Asia App will be BonusLink Points.
2.7. The User represents and warrants that all information provided to Shell via the Shell Asia App is true, accurate, and complete, and the User further agrees to provide Shell with up-to-date information at all times.
2.8. The User is responsible to maintain security and confidentiality of their Account and personal information, including but not limited to, passwords, passcode, personal identification details and/or numbers, government fuel subsidy information (if relevant) or other log-in details in relation to the User’s Account or usage of Shell Pay, and shall take all measures to prevent the disclosure of said information.
2.9. If an existing Shell Asia App User registers and/or signs up for the Shell Asia App with a new mobile phone number, a new Account will be opened, and Shell will not transfer any previously collected Shell Asia App rewards to the new Account.
2.10. The User acknowledges and agrees that, in the event the User changes the mobile phone number linked to their Account without first deleting all personal information associated with their Account or closing the Account, the individual who subsequently becomes the owner of the former mobile phone number may register for an Account using that number. Consequently, such individual may gain access to the User’s personal data, transactions history, information relating to any government fuel subsidy program, and any accumulated Points.
2.11. All Accounts created by Users in the Shell Asia App are not transferable, cannot be copied, and can only be used by the User who registered for the Account.
2.12. Users agree not to use automated scripts to collect information from Shell Asia App or Services.
2.13. Users agree not to provide any false, inaccurate, not current or incomplete information about themselves. Users represent and warrant that they will not create more than one Account, create an Account on behalf of another individual, group or entity, and/or transfer their profile or Account to another User. Users also agree not to use or attempt to use another User’s Account, username, information or Points for any reason.
2.14. The User agrees not to use any functionality of the Shell Asia App for any commercial purpose whatsoever.
2.15. Shell reserves the right to cancel, withdraw, alter, or close registration for any rewards available on the Shell Asia App at any time.
2.16. The rewards and benefits granted to the User via the Shell Asia App for transactions made in Malaysia, are not transferable to other programs run by Shell in Malaysia or globally.
2.17. The User shall be fully responsible for any and all data transmitted by or broadcasted from the User’s mobile device in use of the Shell Asia App and/or Services therein, whether by the User themselves and/or any third party, and the User shall ensure the security and integrity of said data.
2.18. Should a User change their mobile device and/or utilises a new mobile device that differs from the device on which their Shell Asia App was initially downloaded and registered, the User shall be required to re-establish the binding between their Shell Asia App account and their TNG eWallet account. This re-binding is necessary to maintain access to government subsidized fuel products and to continue making payments for any government subsidized fuel products through the Shell Asia App.
2.19 Notwithstanding any other provisions herein, the User hereby agrees and acknowledges that Shell, at its sole and absolute discretion, reserves the right to unbind, delink, or otherwise terminate the connection between the Shell Asia App and any TNG eWallet account at any time, without prior notice to the User and without the need to obtain the User's consent.
2.20. A User shall be solely liable and responsible to ensure that any binding or linkage of the Shell Asia App Account to a TNG eWallet account is duly authorized and consented to by the respective TNG eWallet account owner, and that a User possesses valid legal grounds and rights to utilize the TNG eWallet account for any transactions or activities conducted via the Shell Asia App.
2.21. A User agrees and warrants not to participate in, facilitate, or permit any activity whereby the User’s Shell Asia App Account is, or may be reasonably suspected by Shell to be, used by any individuals or legal entity for any unauthorised, fraudulent, or suspicious activities.
2.22. A User shall ensure that the Shell Asia App is not accessed or used on any illegally modified device such as jailbroken device, rooted device or any device that has been altered in any way whatsoever. In the event that the User accesses or uses the Shell Asia App on such devices, Shell shall not be liable in any way whatsoever for any and all losses or damages incurred by the User including but not limited to, any financial and/or information loss.
3. Earning Points
3.1. The Shell Asia App is only applicable for purchases at participating Shell sites.
3.2. The User must either use Shell Pay, present their digital Shell card, or physical BonusLink card at time of purchase to earn Points for the transaction. Shell will not issue Points for historical transactions if this criteria is not met.
3.3. The User can earn Points at Shell stations for personal purchases only. Points earned from the purchase for other customers, even if prior consent was obtained, will be considered fraudulent and may result in suspension or termination of a User’s Account.
3.4. The User will receive Points from participating Shell stations according to the following criteria:
3.4.1. 1 Point for every 1 litre of Shell fuels purchased, including Shell FuelSave 95, Shell V-Power 97, Shell V-Power Racing, Shell FuelSave Diesel, and Shell FuelSave Diesel B7;
3.4.2. 1 Point for every RM1.00 spent on any Shell Lubricants and car care range sold at Shell stations; and
3.4.3. 1 Point for every RM1.00 spent on convenience retail items, including Shell Select and deli2go.
3.5. No Points will be awarded on purchase of tobacco products, top-ups, and in-store services.
3.6 Any purchases which translate to a fraction of Points earned would be rounded off to the lower whole number. For example, 41.8 litres of Shell FuelSave 95 will yield 41 points. Similarly, a purchase of RM15.50 at Shell Select will earn you 15 Points.
3.7. Shell reserves the right to change the rate of awarding Points and the type of qualifying purchases at any time without prior notice to Users.
3.8. Shell reserves the right to grant or revoke Points for any transaction at its absolute discretion.
3.9. Participating Shell sites may also have seasonal offers, which will reward Users with extra Points for specific purchases. Details of these offers can be found on Shell Asia App and the respective websites.
3.10. Shell reserves the right to not issue Points in combination with other offers such as promotions or discounts, unless explicitly stated otherwise.
3.11. No Points will be awarded for the items obtained as free products from offers and/or rewards.
3.12. Points earned in each transaction will be credited in real time and can be checked via the Shell Asia App. However, in case of system delays the point balance will be updated within twenty four (24) hours from the time of transaction.
3.13. The validity of Points earned is three (3) years, subject to the terms and conditions of BonusLink, after which the Points will expire. Users can check their Points balance and Points expiry via the Shell Asia App.
4. Redeeming points
4.1. Accumulated Points in one Account cannot be transferred or combined with any other Account.
4.2. Points earned through a User’s Account can be redeemed through the Shell Asia App, BonusLink website, or at participating BonusLink merchants.
4.3. Points redemption can only be availed by the User.
4.4. Points earned can be redeemed for cash/voucher for purchase in participating Shell sites and for other items available in Shell Asia App redemption catalogue.
4.5. The Shell redemption catalogue is available within the Shell Asia App. Users will be required to select the item they wish to redeem, and the same can be availed during the next transaction at participating Shell sites.
4.6. All Points redemptions successfully made via the Shell Asia App are final, and no refunds will be given for any reason whatsoever. Once redeemed as part of a transaction, any Points cannot be reversed or refunded. Items purchased using Points cannot be refunded or exchanged.
4.7. If Users redeem Points for a cash-value voucher, the total value of the voucher must be consumed in a single purchase. No cashback or change will be given to Users who utilise a cash value voucher for a transaction where the spend is less than the value of the voucher.
4.8. In case of unavailability of redeemed item at a participating Shell site, Users may check for the same item at another participating site or may wait for that item to become available at their preferred site. It is the User’s responsibliity to check with the participating site if the item redeemed is available at that particular site.
5. Shell Pay
5.1. Shell Pay is applicable for the purchase of fuels at participating Shell stations, during the station’s published operating hours as listed in the Shell Asia App which may be amended from time to time without prior notice to Users.
5.2. Prior to using Shell Pay to purchase fuels, the User is required to link an approved payment method as listed in the Shell Asia App. The User must also be located within fifty (50) metres of a participating Shell site and switch on the GPS feature on their mobile device.
5.3. The User is responsible to provide accurate information when using Shell Pay, including but not limited to, the station where the User wishes purchase fuel using Shell Pay, pump number where fuel will be dispensed, purchase amount, and payment method prior. Shell will not be liable for any losses incurred by the User due to inaccurate or incomplete information provided.
5.4. All fuels dispensed following successful authentication via biometric recognition or the entry of valid and/or correct secure pin, and upon payment made using Shell Pay, are deemed to be final and the sale cannot be cancelled or refunded for any reason whatsoever. Any vouchers, coupons, or offers attached to a successful Shell Pay transaction cannot be reversed or refunded, in whole or in part.
5.5. The User is fully responsible and liable for the payment of any fees, charges, taxes, and duties incurred from the usage of Shell Pay.
5.6. All payments made with Shell Pay are processed by a third-party payment service provider and Shell assumes no liability for their services.
5.7. The User represents and warrants that they will comply to HSSE Standards at all times while using Shell Pay, including but not limited to, being in an enclosed vehicle, being inside the Shell store, being in a stationary vehicle, and not dispensing fuel. Failure to comply with the aforesaid may result in termination of the User’s Account pursuant to Clause 7.
6. Account closure
6.1. The User may choose to leave the programme at any time by requesting for Account deletion within the Shell Asia App, or writing to Shell’s customer service at MYShellApp@shell.com
6.2. If a User’s Account is inactive for five (5) years, Shell reserves the right to close the Account with immediate effect.
6.3. The User will forfeit any unused vouchers, coupons, or rewards associated with their Account upon closure pursuant to Clause 6.1 and 6.2
6.4. The User agrees and warrants that UGC may continue to appear on or be part of the Shell Asia App programme and any associated Shell Asia App or Shell website, including persisting in backup copies for a reasonable period of time even after the User’s Account and/or access to Shell Asia App programme and any associated Shell Asia App or Shell website is terminated. These Terms of Use shall survive termination of a User’s Account or access to the Shell Asia App.
7. Termination
7.1. The User represents and warrants that the User shall comply with any and all Applicable Laws, HSSE Standards, and/or guidelines by Shell while using the Shell Asia App.
7.2. Shell reserves the right at its absolute discretion without any liability or notice whatsoever to the User, to reject, withdraw, suspend, cancel, and/or terminate a User’s Account, cards, coupons, vouchers, rewards, offers, features, Points, revoke or limit access the BonusLink programme and any Services thereof, delete a User’s profile and any UGC, restrict a User’s use of all or any part of the Shell Asia App or Services at any time, prevent a User from registering for a new Account, for any or no reason, without notice and without liability to the User or anyone else, when Shell has reasonable belief of:
- any abuse or attempted abuse of the Shell Asia App or Services;
- any breach or attempted breach of these Terms of Use;
- any non-compliance to Applicable Laws or HSSE Standards; and/or
- any behaviour relating to the Shell Asia App or Services that involves fraud, theft, misconduct, abusive or offensive behaviour, or supplying false, inaccurate, incomplete, and/or misleading information.
7.3. The termination of a User’s Account shall not prejudice the rights or remedies of Shell which may have arisen prior to such termination and shall not prejudice any provisions of this Terms of Use which are expressed to continue or which are capable of continuing or by their nature shall continue in force after such termination.
8. Privacy and data protection
8.1. The User agrees to Shell’s privacy policy at https://www.shell.com.my/privacy/b2c-notice.html, as may be amended from time to time and accepts that it shall be deemed to be incorporated by reference and forms an integral part of these Terms of Use. Any information shared by Users via the Shell Asia App shall be governed by Shell’s privacy policy. The privacy policy describes how Shell manages user data in accordance with Applicable Laws. All revisions to the privacy policy will be promptly notified through the Shell website.
8.2. The User consents to our use of the User’s personal data in accordance with the terms of our privacy policy and for the User’s personal data to be used and/or disclosed in accordance with the Personal Data Protection Act 2010, as amended by the Personal Data Protection (Amendment) Act 2024. The User agrees that by registering an account with Shell’s App and/or by using Shell’s App and the Services, the User has authorised and consented to the User’s personal data being disclosed to and/or stored and/or processed by such third parties as may be necessary for the purposes of providing the Services to the User.
8.3 The biometric recognition functionality, as activated by the User on their device, serves to verify the User's identity, thereby enhancing security and facilitating a more seamless user experience. Shell and the Shell Asia App do not receive, collect, or store any Biometric Data. Instead, the Shell Asia App relies on the biometric recognition capabilities inherent within the User’s mobile device to authenticate the User’s identity. The Shell Asia App initiates the biometric recognition process on the User's device, which subsequently returns a binary result of "positive" or "negative" to the Shell Asia App.
8.4. Users who opt in to receive marketing communications from Shell via the Shell Asia App, will receive periodic updates on their Account, promotional offers, and any other general information on Shell’s products and services. Communications will be made through the Shell Asia App, the User’s preferred mobile number and/or the User’s email address as applicable. Users have the option to choose their preferred channel for communications. Users can opt out from receiving marketing communications by amending their preferences in the Shell Asia App, by clicking on the “unsubscribe” link in emails, or by contacting Shell’s customer service at MYShellApp@shell.com.
9. Limitation of liability
9.1. Users are responsible for the accuracy of the information entered or submitted in the Shell Asia App. While Shell does its best to ensure that any information provided on the Shell Asia App is correct, Shell cannot guarantee the accuracy of such information.
9.2. Shell will not liable for any goods, services, or transactions beyond the Services provided by the Shell Asia App and participating Shell sites.
9.3. Usage of the Shell Asia App and Services may require the User to have an internet connection, mobile phone line, or SMS. The User shall be fully responsible and liable for any fees and charges imposed by the User’s network or internet service provider to access the Shell Asia App and/or Services.
9.4. Users agree that participation in and usage of the Shell Asia App and Services shall be at the User’s sole risk, cost, and consequence.
9.5. Users shall fully indemnify Shell against any and all liabilities, costs, loss, damages, demands, expenses, or any other consequential loss suffered by the User or any third party, whether arising directly or indirectly as a result of the User’s usage of the Shell Asia App or the Services, or due to the User’s breach of these Terms of Use.
9.6. Shell shall under no circumstances whatsoever be liable to Users or any third party, whether in equity, contract, tort (including negligence), breach of statutory duty, acts, omissions, or otherwise arising under or in connection with the User’s participation in the Shell Asia App or Services for:
- loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;
- losses caused by business interruption;
- loss of goodwill or reputation;
- loss or corruption of data, information or software; or
- any indirect, special or consequential cost, expense, loss or damage suffered;
even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the User and/or Shell.
10. Intellectual Property rights
10.1. All Intellectual Property contained in or on Shell Asia App programme and any associated Shell Asia App and Shell website shall remain the ownership of Shell or its licensors. All Content is a collective work under applicable copyright laws and is the proprietary property of Shell. Shell reserves all of its rights in respect of the Intellectual Property rights contained in the Shell Asia App programme and any associated Shell Asia App and Shell website and in respect of the Content.
10.2. The Shell Asia App programme and any associated Shell Asia App or Shell website contains trademarks including, but not limited to, the mark "Shell" and the Shell logo. All trademarks included as part of Shell Asia App programme and any associated Shell Asia App and Shell website are owned by SBI or its licensors. Shell reserves all of its rights in respect of the trademarks included as part of Shell Asia App programme and any associated Shell Asia App and Shell website.
10.3. Nothing in these Terms of Use or otherwise shall be interpreted as granting to the User any license of any Intellectual Property or Content owned by Shell, SBI, or its licensors.
11. User generated content
11.1. Users are solely responsible for their UGC, their interactions with other members and in general, their overall activity in the Shell Asia App programme and any associated Shell Asia App or Shell website.
11.2. Users agree not to post any content or make any communications which may expose Shell or any of other member of Shell Asia App programme and any associated Shell Asia App or Shell website to harm or liability of any type.
11.3. Users agree not to post or submit UGC, or a link to a website, which, is illegal, fraudulent, deceptive, misleading, libelous, infringing, harassing, hateful, threatening, abusive, pornographic, or offensive in a sexual, racial, cultural and/or ethnic manner.
11.4. By posting or submitting UGC to the Shell Asia App, the User represents and warrants that they own or control all rights to the UGC. The User agrees not to submit any UGC unless the User is the owner, or have express permission of the owner to post such UGC. The User confirms not to post any photos and/or videos of another person or showing another person’s image or likeness without that person´s express written permission.
11.5. The User’s UGC is not confidential or proprietary. The User agrees to grant, and warrant that the User has the right to grant to Shell a non-exclusive, non-revocable, worldwide, transferable, royalty-free, and perpetual right to use the User’s UGC in any manner of media now or later developed for any purpose, commercial, advertising or otherwise, including the right to translate, display, reproduce, modify, create derivative work, sub-license, distribute, assign and commercialise without any payment due to the User.
11.6. Should any part of the Shell Asia App or Services provide the User the option to join in or read from a forum, any communications posted on the forum solely represents the views of the individual who posted such communication and shall not be construed as the views of Shell.
11.7. The User agree not to post any UGC that includes junk mail, chain letters, pyramid schemes or other forms of solicitation.
11.8. Shell reserves the right to monitor any UGC transmitted or received through any forum provided by Shell, and, at its sole discretion and without prior notice, to review, remove or otherwise block any UGC at any time.
11.9. Shell has no obligation to prescreen, monitor, edit or remove any UGC and assumes no responsibility for the UGC, even where Shell chooses to carry out prescreening, monitoring, editing, or removal of UGC.
12. External websites or applications
12.1 The Shell Asia App and Services may include links to external websites or applications. It is the User’s sole responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for the User’s purposes. Shell shall not be construed as recommending to Users to avail any services and/or products available through any of these websites or applications. Shell is not responsible for the owners or operators of these applications or websites or for any goods or services they supply or for the content of their websites or applications, and Shell does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application in connection with the Shell Asia App or Services includes a link that infringes the Intellectual Property rights of any third party).
13. Indemnity
13.1. The User agrees to indemnify, defend and hold harmless Shell, SBI, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs arising from or relating in any way to UGC, the User’s participation in or usage of the Shell Asia App or Services, or any violation of these Terms of Use of Use, any law, or the rights of any third party.
13.2. The User further acknowledges and agrees to indemnify Shell for any loss or damage whatsoever arising, including but not limited to Points, vouchers, rewards, or payment incurred by the User as a result of the User’s failure to keep information relating to their Account secure and confidential, for any acts or omissions under the User’s Account, or the User’s usage of the Shell Asia App or any Services therein.
14. Disclaimer
14.1. The User agrees that the Shell Asia App and any Services therein are provided on an “as-is” basis without any warranties of any kind whether express or implied. Shell does not represent or warrant that the access or usage of the Shell Asia App or its Services will be free of errors or defects, secure, reliable, or uninterrupted to the User. Shell does not represent or warrant the accuracy, correctness, reliability, or availability of the Shell Asia App, Services, or Content.
15. Dispute Process
15.1. If the User notices any suspicious, unauthorised, fradulent, illegal, or unlawful activity or acts in relation to the User’s Account or usage of the Shell Asia App or Services, the User agrees to notify Shell’s customer service immediately at MYShellApp@shell.com
15.2. Any dispute, controversy, or claim arising out of or in connection with the User’s usage of the Shell Asia App or Services must be notified to Shell’s customer service at MYShellApp@shell.com within thirty (30) days from the date of the transaction, failing which the User is deemed to have accepted the accuracy of said transaction and no further claim shall be entertained.
15.3. The User agrees to provide Shell with relevant supporting information, and the User further agrees and consents to Shell disclosing said information to the Malaysian authorities and/or any third party service provider(s) appointed by Shell for the purposes of investigating the dispute, controversy, or claim.
16. General
16.1. These Terms of Use are applicable across the entire Shell Asia App and Services therein. The User agrees that any participation in and usage of the Shell Asia App and/or Services shall constitute the User’s acceptance and agreement to be bound by these Terms of Use, including any term as amended from time to time.
16.2. Shell reserves the right to vary, add, or amend these Terms of Use at any time, including amending the list of participating Shell sites where the Shell Asia App is applicable, without any prior notice to Users.
16.3. These Terms of Use, as amended, varied, or supplemented from time to time, supersede any earlier Terms of Use issued by Shell.
16.4. The Terms of Use do not confer any enforceable rights on a person who is not party to the Terms of Use.
16.5. Any delay or failure by any party in exercising any right, power or privilege hereunder shall not constitute a waiver of such right, power or privilege by such party, nor shall any single or partial exercise thereof preclude any further exercise of any right, power or privilege.
16.6. These Terms of Use shall be governed by and construed and interpreted exclusively in accordance with the laws of Malaysia and both parties hereby submit to the exclusive jurisdiction of the Malaysian courts.
16.7.These Terms of Use shall be severable and enforceable accordingly if any of the provisions of this Terms of Use is found to be invalid, unlawful, or voided for any reason whatsoever, such invalidity shall not affect the validity and operation of the other remaining provisions of these Terms of Use.
16.8. This Terms of Use is made in bilingual, Bahasa Malaysia version and English version. In the event of a conflict between the Bahasa version and the English version, the parties agree that the English version shall prevail.
This document was last updated on 10 November 2025.