Terms and Conditions - LOKATAG | Built-In Toll Reader for Seamless Toll Payments

Last modified: 21 November 2024

I. Introduction and Acceptance of Terms

(a) Welcome to our Platform (as hereinafter defined). These terms and conditions (“Terms”) apply to your access and/or use of our Platform and the Products (as hereinafter defined) we offer for sale.
(b) Your access and/or use of our Platform and/or placing an order with us constitute your acceptance and agreement to be bound by these Terms without modification. If you do not agree to these terms, please do not use or access the Platform or order the Products.
(c) Please read these Terms carefully before (i) using our Platform, (ii) creating an Account (as hereinafter defined) or placing an order with us so that you are aware of your legal rights and obligations.
(d) In the case of any violation of these Terms, we reserve the right to seek all remedies available by law and in equity for such violations.

2. Definitions

In these Terms, the following words and phrases have the meanings set out below:

“Amtel Group” means Amtel Holdings Berhad and its subsidiaries, affiliates, associated companies and jointly controlled entities;
“User” means any person who uses our Platform, including buyers and sellers;
“Account” means the AMTEL Account that you will need to register on our Platform;
“Business Day” means a day from 9.00 a.m. to 6.00 p.m. in Malaysia, excluding Saturdays, Sundays, and gazetted public holidays in Malaysia;
“Order/ Orders” means the order submitted by you to the Platform to purchase a Product from us;
“Platform” means collectively AMTEL’s Apps and Websites, and any other websites or applications which we may own or operate from time to time, each of which shall be described as a “Platform”;
“Product” means any goods and/or services available for sale on our Platform;
“Website” means the AMTEL website accessed at the following address at www.amtel.com.my, www.lokatoo.com , www.lokatag.com ;
“You” means the Customer or a guest; and
“We”, “our” or “us” shall refer to any of the companies within Amtel Group.

3. User Accounts

(a) Before becoming a User of our Platform, You must read and accept all the Terms and You must consent to the processing of your personal data as described in the Privacy Notice linked hereto.
(b) You must create an Account to place an Order with us.
(c) You are solely responsible for maintaining the confidentiality of your user ID, account information and password, and for restricting access to your computer or mobile device.
(d) Your access and use of Platform is restricted to your Account only.
(e) You agree to accept responsibility for all activities that occur under your Account even if such activities or uses were not committed by You.
(f) You shall immediately notify Amtel Group of any unauthorised use of your Account, user ID and/or password.
(g) Amtel Group shall not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.(h) You understand and agree that Amtel Group may, but are not obligated, to review, delete, remove and/or s

4. Product Listings and Sales

(a) A diverse array of products and services is offered through our Platform. Details of our current offerings are available on our Website and are subject to periodic updates.
(b) We shall use reasonable efforts to provide accurate and up-to-date Products listings, but we do not guarantee the accuracy or completeness of such listings. The prices and availability of our Products are subject to change without written notice to You.
(c) We reserve the exclusive right to refuse any Order at our sole discretion.

5. User Conduct

You agree to use our Platform and Products only for lawful purposes and in accordance with these Terms. You agree not to use our Platform or Products:

(a) in any way that violates any applicable federal, state, local, or international law, by-laws or regulations;
(b) in any manner that could damage, disable, overburden or impair the Platform;
(c) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(d) to transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
(e) to impersonate or attempt to impersonate our Company, a company’s employee, another user, or any other person or entity;
(f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm our Company or User of the Platform or expose them to liability; and
(g) which violate any of the Terms, procedures, policies or regulations of networks connected to the Platform.

6. Order and Payment

(a) All Orders are subject to availability and acceptance by us.
(b) Payment must be made in full before your Order is shipped.
(c) To place an Order on our Platform, You must possess a valid credit or debit card issued by a bank acceptable to us or You may make payments through an Automated Teller Machine or internet bank transfer to our designated account.
(d) Payment by credit or debit cards will be subjected to validation checks and authorization by the bank. If the payment cannot be processed, we reserve the right to reject and cancel the Order.
(e) Users may only change their preferred mode of payment for their purchase or amend the Order prior to making payment.
(f) We reserve the right to check whether You are duly authorised to use a certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
(g) We take no responsibility and assume no liability for any loss or damages to You arising from shipping information and/or payment information entered by You or wrong remittance by You in connection with the payment for the Product purchased.

7. Shipping and Delivery

(a) We only ship our Products within Malaysia.
(b) Shipping times and costs may vary depending on your location and the size and weight of your Order.
(c) All shipping costs of Products shall be borne by You unless otherwise agreed by us.
(d) We will provide You with an estimated delivery time and shipping cost before You place your Order.
(e) For more information, please refer to our Shipping Policy.

8. Return, Refund and Exchange

(a) Subject to our Return, Refund and Exchange Policy, we accept returns and offer refunds for damaged, defective or incorrect items delivered.
(b) To initiate a return, please contact us within five (5) working days of receiving your Order. We will provide You with instructions for returning the Product.
(c) For more information, please refer to our Return, Refund and Exchange Policy.

9. Warranty

(a) Subject to our Return, Refund and Exchange Policy and Section 10(a) below, all of our Products come with a factory warranty against defects in material and workmanship for a period of 12 months from the date of purchase.
(b) For more information, please refer to our Return, Refund and Exchange Policy.

10. Product Installation

(a) For Product installation, it must be done by our dedicated company’s installer or we will assign You to our installation partners. This installation works by us or partners are compulsory to ensure the Product warranty is valid.
(b) After the installation is completed and commissioning work is successful, we shall not be, in any way, responsible if the Product is damaged due to an accident or the Product is lost due to You or third party’s negligence.

11. Intellectual Property

(a) All contents on our website, including but not limited to trademarks, logos, service marks, product listings, images, and descriptions displayed on the Platform, is the property of Amtel Group and is protected by copyright and other intellectual property laws.
(b) Users are not permitted to use these intellectual properties without the prior written consent of Amtel Group.

12. Privacy Notice

(a) Our Privacy Notice governs the collection, use, and disclosure of personal information on our Platform.
(b) By using our Platform, You agree to our Privacy Notice.
(c) For more information, please refer to our Privacy Notice.

13. Disclaimers and Limitations of Liability

(a) Although Amtel Group has attempted to provide accurate information on the Platform, Amtel Group assumes no responsibility for the accuracy of the information.
(b) All information provided on the Platform is provided “as is” with all faults without warranty of any kind, either expressed or implied.
(c) Amtel Group and its officers, directors, employees or agents shall not be liable to You or any third party for any loss or damages (whether direct, indirect, foreseeable or non-foreseeable) arising from (i) your use of our Platform and (ii) viruses that may infect your computer equipment or other property due to your access, browsing on, use or download of any materials from our Platform.
(d) In no event shall the liabilities of Amtel Group exceed the price of the Products sold.

14. Indemnity

By using this Platform, each User accepts all responsibility for, and hereby indemnifies and holds Amtel Group, its Platform hosting services supplier and each such Company’s respective officers, directors, employees, shareholders, successors and assigns from and against any and all claims, damages, losses, liabilities, costs and expenses, including reasonable lawyers’ fees that may arise in connection with the use of our Platform.

15. Entire Agreement

These Terms and all policy referred herein constitute the whole legal agreement between You and Amtel Group and govern your use of the Services and completely replace any prior agreements between You and Amtel Group in relation to the use and access of Platform.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of Malaysia. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

17. Severability

If any Terms of this Agreement is found to be invalid or unenforceable by the courts of Malaysia, such Term shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect

18. Amendments

We reserve the sole discretion to amend or remove, in whole or in part, any Terms at any time without notice. Any changes will be posted on our Platform and will be effective immediately upon posting. You agree that your use or continuing use of the Platform shall constitute Your acceptance of such changes.

19. Termination and Suspension

We reserve the right to terminate or suspend your Account and access to our Platform at any time without notice or liability, for any reason whatsoever.

20. Notification on Violation of Terms

If You believe a User on our Website is violating these Terms, please contact [email protected].

21. No Waiver

Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provisions or rights.