Terms & Conditions

TERMS OF USER BELOW MUST BE READ BEFORE USING THIS SITE. THE USAGE OF THIS SITE INDICATES ACCEPTANCE OF TERMS AND CONDITIONS BELOW. KongFuPay is managed by Elang Online Sdn Bhd ("we", "us", or "our"). By accessing and/or use the Site/Apps, you acknowledge that you have read and understood, and agree to the Terms of Use set out below and other terms and conditions in relation of the Site/Apps, including but not limited to confidentiality and FAQs, which form and integral part of these Terms of Use ("Terms"). You must be at least eighteen (18) years old use this Site/Apps. Please note that we may change, modify, add and delete these Terms at any time without prior notice. The Terms must be read periodically. By continuing to use this Site/Apps after such changes to these Terms, visitors, users or Registered Users ("you" or "user") agree and consent to the changes. If you use any of our other services, then your usage is based on the submission to and acceptance of the terms and conditions applicable to such services.

Interpretation

  • "Users" means the person who accepts a quotation of KongFuPay for the supply of Products or who otherwise enters into a contract for the supply of Products with KongFuPay
  • "Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the User and KongFuPay and/or User and Merchants;
  • "Contract" mean the contract for the purchase and sale of Products, howsoever formed or concluded;
  • "Products" means the items (Including any instalment of the products or any parts for them) which KongFuPay is provide a Platform to Merchant to supply in accordance with a Contract;
  • "KongFuPay" means Elang Online Sdn Bhd, a company operated in Malaysia (Company registration (1164116-M));

Basic of the Contract

  • The Products are that sell in KongFuPay to User are supplied and uploaded by Merchant under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the User or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
  • Any information made available in KongFuPay website/Apps connection with the supply of Products including photographs, drawing, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operations materials, operations costs, are not binding and for information purposes only. In entering into the Contract the User acknowledge that it does not rely on and waives any claim based on such representations or information not so confirmed.
  • No variations to these Conditions shall be binding unless agreed in writing between the authorised representative of the User and Merchants.
  • Any typographical clerical or other error or omission in any quotation, invoice or other document information issued by KongFuPay in its Apps shall be subjected to correction without any liability on the part of KongFuPay and Merchants.
  • KongFuPay may provide User with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.

Scope of Our Services

  • This Site/Apps does not make any representations and should not be construed as making any recommendations or suggestions of the level services quality or rating of the Merchants listed on the Site. We hereby declare denial of nay claims, losses or liability with respect to the quality or status of existing Merchants listed on the Site (who provide Products, Coupon and/or Services). Merchants may be introduced in the form of different classes based on factors including but not limited to their reviews, ratings, or any other factors. The given ratings is calculated based on automated algorithms that can be updated and changed as per our discretion.
  • We reserve the right to reject a user or transaction or cancelling a transaction without providing reasons for the rejections/refusal/cancellation. The reasons for rejecting a user or transaction or cancelling a transaction confirmation may include but are not limited to: breach of these Terms, trade or economic sanctions by global or national authorities, embargo, prohibitions in regulations, fraud or theft (or indications or suspicion of fraud or theft), suspicious ordering, services not being available or no longer being made available by the Merchants user providing inaccurate, erroneous or misleading information, problems with credit card electronic communications, information or transactions, inappropriate behaviour, threats, insults, refusal to provide information, practical impediments, communications difficulties or breakdowns, a Real mistake (hereinafter described below), history or breaches of these Terms, or being placed on any "Black List" or "watch lists" by governments or internationals organizations. If a transaction is rejected or cancelled by KongFuPay after payment has been made, KongFuPay shall reimburse the amount already charged subject to further terms and condition on an individual case by case basis. We can at any time delete or remove (‘removed") membership of the user of this Site/Apps, either temporarily or permanently. Removed Users are prohibited to attempt using the Site in any other name or through other users (hereinafter described in the Fraud Prevention Mechanism conditions).
  • In particular case, we may cancel or reject orders with respect to the "Real Mistake", which does not depend on where the error originated. A Real Mistake is a fault on the Site/App (example, in terms of price) which no reasonable person would consider appropriate or to make business sense. The amount charged shall be reimbursed without further charges in such a case.

Additional Charges & Refunds

  • By making an order or transaction through the Site/Apps, you accept and agree to the terms and conditions of applicable Merchants, including policies regarding cancellation and/or absence, or your specific request which may be given to the Merchants. KongFuPay is not responsible for any violations of these terms and conditions which are agreed on between the Merchants and the user, or which are based on the user's specific requests, so please read the Merchants terms and conditions carefully.
  • Regarding refunds, KongFuPay may able to withhold or take part of the amount paid to reimburse the costs that have been incurred in connection with the cancellation.

Cancellations

  • Each price listed on the Site/Apps is only available with certain conditions and these prices may change depending on the availability of exchanges currency, orders and/or other factors. Available prices can include additional taxes and other charges, but in certain circumstances it may not include taxes and service charges; The user agrees that they are responsible for verifying the total cost to be paid and other terms and details when the confirmation email is sent. The user must verify the booking on the booking sheet; the user can cancel the booking at any time before the final confirmation is done. Prices shown are detailed so that users can see the amount to be paid, any additional costs due to the use of credit cards or inter-bank fees charged for the shipping fees will be charged to the user. If there is a discrepancy in the amount paid, KongFuPay will provide an email notification of the amount to be paid by the user. In the event that a user cancels the booking before paying in full any existing shortcomings, KongFuPay has sole discretion whether to refund the amount paid or refund an amount reduced by the costs incurred by KongFuPay as a result of non-payment of the cost of these shortcomings by users in accordance with procedures prescribed by KongFuPay. If the user has any doubt about the service, the user can contact Merchant customer service (during customer service operational hours). For any other cancellations, KongFuPay will work with you to refund amounts already paid by you, reduced by the costs incurred by KongFuPay, e.g. inter-bank transfer fees. Refunds may not be immediate depending on your initial mode of payment. You can contact KongFuPay customer service for further details on the estimated duration for receiving your refund and we will assist you as best as we can.

Additional Charges from Merchants

  • Please note that all prices for products provided through the Site/Apps are based on your selections, such as quantity of products, or e-voucher and/or specifications, unless otherwise specified. You are responsible for verifying whether your selection and any additions information are reflected in the prices displayed on the Site/Apps (such as the Product information provided before final orders confirmation) and/or in the email-transaction confirmation. Shipping fee and mandatory costs (see description below) and local taxes or occupancy charges (if any) will paid by you, are usually not taken into account in the Products Prices unless otherwise stated. You are responsible verifying any explanations or policies provide by Merchants on the Sites/Apps.

Payment Details and Procedures

  • Payment are made in the amount and currency as stated including bank fees or any other charges by KongFuPay.
  • KongFuPay accepts all Visa and MasterCard, both of Credit and Debit, and is 3D secure (verified by Visa, and MasterCard secure) enabled. All your credit card information will be protected by means of industry-leading encryption standards.
  • For all forms of transaction, you must make payment within the specified time limit. If the payment is not made, then KongFuPay reserves the right to cancel all pending transactions.
  • Payment methods include but are not limited to online banking and credit card. And you must follow the procedures stated by KongFuPay and/or the relevant payment service provider.
  • After you make full payment, KongFuPay will place the transaction and issue a transaction id, which will be accompanied by:
    • Transaction ID
    • Customer Name
    • Mobile Number
    • Payment Status and methods
    • Item Name
    • Total Payment
  • Please take note, that are additional charges may be incurred if you are using non-Malaysian issues card due to Foreign Exchanges.

Payment by Credit Card & Fraud

  • For payment of transaction placed through this Site/Apps, you credit card will be billed by KongFuPay for the fill price at the time of transaction and confirmation of the transaction (any refund that may be given will depend on the conditions of the existing transactions). You must check the transaction details thoroughly each time before you make payment. KongFuPay will process any refund, as applicable, within a reasonable period and depend on Merchant terms and conditions.
  • In the case of credit card fraud or unauthorized use of your credit card by a third party, you must contact your bank or card issuer immediately after realizing such unauthorized use. KongFuPay takes no responsibility over any case of credit card fraud or unauthorized use of your credit card by third party, regardless of whether such fraud or unauthorized use was carried out through KongFuPay services. KongFuPay is not obliged to make refunds or repayments to you as a result of such fraud. If you suspect any unauthorized payment or fraud committed on KongFuPay, you must contact our Customer Service team immediately.
  • You shall ensure that details you provide to us are completely accurate. KongFuPay reserves the right to not accept certain credit cards. KongFuPay can add or remove other payment methods at our sole discretion.
  • In certain cases, we may require additional information or verifications to validate and confirm the transaction, as described in more details on the Site/Apps. Payment are not confirmed until you have received a confirmation email with an e-receipt or e-voucher and there is the possibility that the Merchant can implement fraud examination mechanisms during the transaction process. If fraud occur, then the transaction will be void. KongFuPay shall not bear any responsibility for such cancellations by the Merchants. If you choose not to submit additional information, payment will not be completed and will be voided.

GST

  • The sale price updated by Merchants is supposed to be inclusive of GST unless the item is zero rated.

Delivery

  • Delivery of e-Products ("e-Voucher and/or top up ") handle by KongFuPay and shall be delivery to through the Site/Apps. If KongFuPay has failed to issue the e-Products to user in accordance with terms and conditions or within 10 minutes, User shall be entitled, by receive a notice from KongFuPay and/or User shall be entitled, by serving written notice/feedback to KongFuPay, to demand performance within a specified time thereafter, which shall be at least 1 day. If KongFuPay fails to do so within a specified time, User shall be entitled to terminate the e-voucher transaction respect of the undelivered e-Products and ask for refund as result of KongFuPay non-performance.

User Content

  • By completing a transaction, you hereby agree to receive electronic mail containing an invitation to provide reviews or content reviews with respect to the selection of Merchants. Merchants has sole discretion whether your review will appear on the Site/Apps. Merchants can display the review, which may contain comments, level of the Products and your name.

Usage Restrictions

  • You hereby agree to not use the Site/Apps or the content for unlawful or unauthorized activity. You agree that you will not use any equipment, software, or other technologies that may obstruct the operation of this Site/App. You agree to not use this Site/Apps or its content for commercial purposes.

Liability

  • WITHOUT PREJUDICE TO WHAT IS SET OUT IN THESE TERMS, EACH PARTY'S LIABILITY IS LIMITED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUCH AS FOR PERSONAL INJURY AND DEATH. WE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM OR CONNECTED TO YOUR USE OF THIS SITE OR USE OF THE LINKS ON THE SITE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE THAT MAY OCCUR. THE ONLY AVAILABLE REMEDY FOR YOU IS TERMINATION OF USE OF THIS SITE.

Third Party Link and Contents

  • The Site may contain links to websites operated by parties other than KongFuPay. We do not control those sites or links and are not responsible for the content or privacy or other activities of such sites. We, or other third parties, may upload automated search results or provide links to other sites. We provide opportunities for third parties to deliver, load, transmit or otherwise make available any information, data, text, images, sound, graphics, video, messages, reviews, or other materials ("Content") through this Site. We do not review and/or do not have control over the site, source, and the Content. You agree that we are not responsible for the content or the availability of such sites and resources, and we do not endorse or recommend and are not responsible for the origin of the site or the Content. You hereby agree to release us from and against any and all liabilities, expenses, loss, or damage, directly or indirectly caused or allegedly caused by or in connection with the use of or account for the Content, site or resource.

Termination

  • The Site may contain links to websites operated by parties other than KongFuPay. We do not control those sites or links and are not responsible for the content or privacy or other activities of such sites. We, or other third parties, may upload automated search results or provide links to other sites. We provide opportunities for third parties to deliver, load, transmit or otherwise make available any information, data, text, images, sound, graphics, video, messages, reviews, or other materials ("Content") through this Site. We do not review and/or do not have control over the site, source, and the Content. You agree that we are not responsible for the content or the availability of such sites and resources, and we do not endorse or recommend and are not responsible for the origin of the site or the Content. You hereby agree to release us from and against any and all liabilities, expenses, loss, or damage, directly or indirectly caused or allegedly caused by or in connection with the use of or account for the Content, site or resource.

Privacy

  • KongFuPay values Users' confidentiality. KongFuPay will endeavour to comply with the requirements of relevant data protection legislation when performing its obligations under these Terms. A separate Privacy Policy document sets out rights and obligations of KongFuPay and the user in relation to privacy, available Here

Governing Law

  • These terms shall be governed by and interpreted in accordance solely with the Laws of Malaysia.

Force Majeure

  • KongFuPay shall not be liable for any non-performance or violation of these Terms, such as for transaction failure, restricted access to the Site, or any damage or harm to users caused by any act or condition beyond the reasonable control of either You or Us ("Force Majeure Event"). Force Majeure Events include but are not limited to natural disaster (floods, earthquakes), epidemic, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, lightning, hurricanes / typhoons / cyclones, labor strikes, demonstrations, airline or hotel bankruptcy or insolvency, and so forth.
  • KongFuPay shall not be responsible for any damages or losses caused by any means to any party if KongFuPay cannot process your transaction because of the Force Majeure Event.

Disclaimer

  • YOU HEREBY DECLARE TO AND AGREE THAT TO THE EXTENT WHERE PERMITTED BY APPLICABLE LAW:
    • THE SERVICE AND THE CONTENT OF THIS SITE ARE PROVIDED ON THE BASIS OF "AS IS" AND "AS AVAILABLE". WE HEREBY EXPRESSLY STATE THAT WE DO NOT MAKE ANY KIND OF GUARANTEE OR WARRANT, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY OF A PRODUCT OR SERVICE, OR SUITABILITY OF THE PRODUCTS AND SERVICES WE PROVIDE FOR A PARTICULAR PURPOSE AND AGAINST NON-INFRINGEMENT WHERE APPLICABLE;
    • WE DO NOT GUARANTEE THAT:
      (i) THE FUNCTIONS, SERVICES AND SECURITY FEATURES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR;
      (ii) ERRORS OR FAILURE WILL BE REPAIRED; OR
      (iii) THE SITE OR THE SERVER PROVIDE SERVICES THAT ARE FREE FROM VIRUSES, MALWARE OR HARMFUL COMPONENTS;
    • WE DO NOT WARRANT THE ACCURACY, AUTHENTICITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES AVAILABLE TO AND FROM THE SITE INCLUDING, BUT NOT LIMITED TO, ANY GUARANTEE THAT THE CONTENT, SITES OR RESOURCES ARE FREE FROM SOURCE MATERIAL THAT IS MALICIOUS, INDECENT, OR CONTROVERSIAL;
    • WE DO NOT GUARANTEE OR WARRANT THAT YOU WILL BE GRANTED VALID TRAVEL PERMITS APPLICABLE TO YOU. WE DO NOT HAVE ANY RESPONSIBILITY TO NOTIFY YOU OR INDEMNIFY YOU IN THE EVENT THAT YOU SUFFER LOSSES OR DAMAGES RELATING TO YOUR LACK OF VISA OR TRAVEL PERMITS (INCLUDING, BUT NOT LIMITED TO, REFUSAL OF ENTRY, DEPORTATION).
    • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE IS AT YOUR SOLE RESPONSIBILITY AND RISK. YOU VOLUNTARILY ASSUME SUCH RISK, AND YOU WILL BE FULLY RESPONSIBLE FOR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY MATERIALS THAT ARE PROVIDED.

General

  • These Terms shall constitute the entire agreement and understanding between you and KongFuPay on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and KongFuPay concerning the subject matter thereof.
  • To clarify, KongFuPay does not manage or control the Merchants.
  • if you use the Site/Apps for or on behalf of a third-party ("Third-party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. When using the Site for or on behalf of a Third-party, you agree to indemnify and hold KongFuPay harmless from and against any and all liabilities, losses, damages, suits and claims including legal fees, arising from or connected to the breach of these Terms or negligence by you and/or the Third-party.
  • These Terms are drawn up in the English language. Any translation into another language is for convenience and information purposes only. In case of conflict between the English language version and any such translation, the English language version shall prevail. Headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of these Terms.
  • In the event that any provision is determined to be unenforceable or invalid, by any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provision shall be replaced by a provision approximating as much as possible the original wording and intent.
  • Failure by either Party to enforce any provision of these Terms at any time shall not be construed as a waiver of each Party's rights to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.
  • You may not assign or transfer your rights or obligations under these Terms, without our prior written consent.
  • We reserve the right to amend or repeal the Terms (or parts thereof) in our sole discretion. We may amend the Terms at any time by posting a variation on the Site. The latest version of the Terms will supersede all previous versions.
  • Except where expressly stated, nothing in these Terms is intended to grant to any third party any right to enforce any term or to confer on any third party any benefits under these Terms. The application of the Contracts (Rights of Third Parties) and any re-enactment is expressly excluded.
  • Notices given pursuant to these Terms shall be deemed sufficiently given if they are in writing and forwarded by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified).
  • KongFuPay reserves the right to amend these terms and conditions of services at any time.
  • Return/Refund or cancellations are not allowed of any perishable Physical Products ("Goods"). To ensure that you are satisfied with the product you received, please inspect the contents as soon as your order arrives.

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